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The FBI Scandal
Donald Trump published the most consequential tweet of his presidency on March 4, 2017. “How low has President Obama gone to tapp [sic] my phones during the very sacred election process,” the chief executive pondered. “This is Nixon/Watergate. Bad (or sick) guy!”
The response from Trump’s opposition was outrage. The Washington Post fact checker gave it four Pinocchios. The director of the FBI, James Comey, rebuked Trump and said such a thing had never happened. James Clapper, Obama’s director of national intelligence, assured NBC’s Meet the Press that no warrants had been issued in 2016 to surveil members of the Trump campaign.
In a narrow sense, the pushback against Trump’s tweet was correct; Trump himself was never personally the target of an FBI wiretap. In any case, the president doesn’t order such a thing; the FBI applies for a warrant to eavesdrop on Americans from a secret court. No such warrant was issued to bug the president’s offices.
But the furious denials were misleading. To paraphrase a cliché from 2016, Trump’s tweet should have been taken seriously, not literally. Obama did not tap Trump’s phones. But his FBI did spy on Trump’s campaign. That fact is no longer in dispute. The question is whether the FBI was justified in treating the Trump campaign itself as a suspect in this crime against the 2016 election.
The answer is messy. A comprehensive survey of all available information about the matter shows there were grounds in the summer of 2016 for American intelligence and law-enforcement officials at the FBI to turn their attention to the peculiar behavior of some Trump campaign advisers. But as the bureau learned more about them, it should have reassessed its theory of the case. Indeed, it was obliged to do so—by law, and custom, and elementary standards of fairness.
Instead, the FBI relied on lurid, sketchy, and sleazy opposition research generated by former British spy Christopher Steele—information so spurious that even liberal news organizations briefed on the so-called Steele dossier before the 2016 election wouldn’t touch it with a 10-foot pole. And it used that information in a specious, circular, and misleading manner to keep that investigation afloat and active into the first two years of Trump’s presidency. Even after the bureau had good reason to doubt its veracity, it didn’t share the exculpatory information it had uncovered—not with the public, not with the courts, and not even with the Justice Department lawyers who were supposed to check its work......
The response from Trump’s opposition was outrage. The Washington Post fact checker gave it four Pinocchios. The director of the FBI, James Comey, rebuked Trump and said such a thing had never happened. James Clapper, Obama’s director of national intelligence, assured NBC’s Meet the Press that no warrants had been issued in 2016 to surveil members of the Trump campaign.
In a narrow sense, the pushback against Trump’s tweet was correct; Trump himself was never personally the target of an FBI wiretap. In any case, the president doesn’t order such a thing; the FBI applies for a warrant to eavesdrop on Americans from a secret court. No such warrant was issued to bug the president’s offices.
But the furious denials were misleading. To paraphrase a cliché from 2016, Trump’s tweet should have been taken seriously, not literally. Obama did not tap Trump’s phones. But his FBI did spy on Trump’s campaign. That fact is no longer in dispute. The question is whether the FBI was justified in treating the Trump campaign itself as a suspect in this crime against the 2016 election.
The answer is messy. A comprehensive survey of all available information about the matter shows there were grounds in the summer of 2016 for American intelligence and law-enforcement officials at the FBI to turn their attention to the peculiar behavior of some Trump campaign advisers. But as the bureau learned more about them, it should have reassessed its theory of the case. Indeed, it was obliged to do so—by law, and custom, and elementary standards of fairness.
Instead, the FBI relied on lurid, sketchy, and sleazy opposition research generated by former British spy Christopher Steele—information so spurious that even liberal news organizations briefed on the so-called Steele dossier before the 2016 election wouldn’t touch it with a 10-foot pole. And it used that information in a specious, circular, and misleading manner to keep that investigation afloat and active into the first two years of Trump’s presidency. Even after the bureau had good reason to doubt its veracity, it didn’t share the exculpatory information it had uncovered—not with the public, not with the courts, and not even with the Justice Department lawyers who were supposed to check its work......
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