Monday March 12, 2018
The role pervasive surveillance plays in politics today has been grossly underreported. Set aside what you think about the Trump presidency for a moment and focus instead on the new paradigm for how politics and justice work inside the surveillance state.
“Incidental collection” is the claimed inadvertent or accidental monitoring of Americans’ communications under Section 702 of the FISA Amendments Act. Incidental collection exists alongside court-approved warranted surveillance authorized on a specific individual.But for incidental collection, no probable cause is needed, no warrant is needed, and no court or judge is involved. It just gets vacuumed up.
While exactly how many Americans have their communications monitored this way is unknown, a significant number Trump staffers (no evidence of incidental surveillance of the Clinton campaign exists) were surveilled by a White House controlled by their opposition party. Election-time claims the Obama administration wasn’t “wiretapping” Trump were disingenuous. They in fact gathered an unprecedented level of inside information. How was it used?
Incidental collection nailed Michael Flynn; the NSA was ostensibly not surveilling Flynn, just listening in on the Russian ambassador as the two spoke. The intercept formed the basis of Flynn’s firing as national security advisor, his guilty plea for perjury, and very possibly his “game changing” testimony against others.
Jeff Sessions was similarly incidentally surveilled, as was former White House Chief Strategist Steve Bannon, whose conversations were picked up as part of a FISA warrant issued against Trump associate, Carter Page.Paul Manafort and Richard Gates were also subjects of FISA-warranted surveillance; they were surveilled in 2014, the case was dropped for lack of evidence, then re-surveilled after they joined the Trump team and became more interesting to the state.