Electronic surveillance

FISA Reform and National Security

National security has become an afterthought in the latest national-security debate. The debate centers, instead, on what is called “FISA reform,” the imperative of which appears to be making foreign intelligence surveillance powers harder to use.

I’ve long been worried that this was the way the wind was blowing. That would be apparent to anyone who read Ball of Collusion, my book about the absurd political narrative that the Trump campaign conspired with Russia to steal the 2016 election from Democrats through cyber-espionage operations (mainly hacking), after which the new president was to become the Kremlin’s agent in the White House.

This narrative fueled a wide-ranging government investigation, launched by the Obama administration. Under the rubric of highly classified foreign counterintelligence operations, the investigation prominently featured FBI spying on the Trump campaign. (As I noted yesterday, the New York Times is back to describing the FBI’s covert monitoring as “spying,” so I’m assuming the era of garment rending at utterance of the dread s-word is over.)

In the course of that investigation, as catalogued by the Justice Department’s inspector general and highlighted by the Foreign Intelligence Surveillance Court, the FBI serially abused its authority: providing misleading information to the FISC, falsifying a key document, running confidential informants at Trump campaign surrogates in the absence of a sound investigative predicate, making public statements that suggested the president was a criminal suspect (while privately telling him he was not), making private statements (dozens of them) that have convinced reasonable people that bureau decisions were influenced by political bias, and so on.