"Did
the Obama admin go after presidential candidates, members of Congress,
journalists, clergy, lawyers, fed judges?" Paul tweeted. "Did the
Obama admin use warrantless "wiretapping" on other candidates besides
@realdonaldtrump?
President
Trump tweeted an unfounded claim in early March that President Barack Obama
Obama had ordered Trump Tower phones to be "wiretapped" during the
election.
Rep. Devin
Nunes, the chairman of the House Intelligence Community, said later that, upon
reviewing classified intelligence reports from the previous administration, he
had seen no evidence that Trump was ever illegally surveilled. FBI Director
James Comey and National Security Agency Director Mike Rogers corroborated that
assessment in a March hearing before the committee.
In both
tweets, Paul linked to an article by the publication Circa that
said Americans overseas had had their information collected,
"searched," and "disseminated" by the National Security
Agency "after President Obama loosened privacy protections" in
2011. The article cited the Statistical Transparency Report published by the
Office of the Director of National Intelligence earlier this week.
Paul sent a
letter to President Donald Trump on April 10 asking him to investigate a claim
made to him by an "anonymous source" that his name was
"unmasked" in intelligence reports collected under the Obama
administration. He cited "revelations" that people associated with
the Trump campaign had had their names unmasked as warranting an
investigation into "allegations that myself and other elected members of
the legislative branch may have also been unmasked."
Paul's letter
came roughly a week after reports surfaced that Obama's national security
adviser, Susan Rice, tried to learn the identities of officials on Trump's
transition team whose conversations with foreign officials were incidentally
collected during routine intelligence-gathering operations.
The
intelligence reports obtained by Rice, who served from 2013 to 2017, "were
summaries of monitored conversations — primarily between foreign officials
discussing the Trump transition, but also in some cases direct contact between
members of the Trump team and monitored foreign officials," Bloomberg's Eli Lake reported at the time.
"I ask
that your administration promptly investigate whether my name or the names of other
Members of Congress, or individuals from our staffs or campaigns, were included
in queries or searches of databases of the intelligence community, or if their
identities were unmasked in any intelligence reports or products," Paul
wrote in April.
Unless Paul
or his staffers were communicating with monitored foreign agents, it is
unlikely their names would be unmasked by high-level Obama administration
officials such as Rice, who received these intelligence reports daily.
Section 702
of the Foreign Intelligence Surveillance Act authorizes the US intelligence
community to surveil non-US persons "reasonably believed to be located
outside the United States" in order to "acquire foreign
intelligence information." US persons caught up in those monitored communications
must have their identities "minimized," and then the Foreign
Intelligence Surveillance Court must "review the sufficiency" of the
intelligence community's minimization procedures.
The
restrictions on how intelligence agencies handle "non-publicly available
US person information acquired from Section 702 collection of non-US person
targets" must be "consistent with the needs of the government to
obtain, produce, and disseminate foreign intelligence information."
"The
identities of US persons may be released under two circumstances: 1) the
identity is needed to make sense of the intercept; 2) if a crime is involved in
the conversation," said Robert Deitz, a former senior counselor to the CIA
director and former general counsel at the National Security Agency.
"Any
senior official who receives the underlying intelligence may request these
identities," Deitz said, noting that while "the bar for obtaining the
identity is not particularly high, it must come from a senior official, and the
reason cannot simply be raw curiosity."
Steve Slick,
a former CIA operations officer and NSC official who now heads the Intelligence
Studies Project at the University of Texas at Austin, said that "by
definition, any report that the NSA elects to disseminate is relevant to a
foreign or national-security issue."
But it is
"often not possible for a consumer or reader to fully understand the
significance of a report without knowing precisely which US person may have
been communicating with the foreign official," he added.
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