I got on Twitter just now and everything was on fire so I went to do my laundry and think about this a little. It seems to me there are four possibilities here:
- There was a legitimately obtained FISA warrant, for whatever value of “legitimately” can be associated with FISA.
- There was an ordinary surveillance warrant out on the campaign.
- The Obama administration did something spectacularly illegal.
- There is no warrant at all and POTUS is just raving.
2, 3, and 4 seem relatively unlikely to me, except insofar as FISA is sometimes unconstitutional. If there’s an ordinary, fully-constitutional warrant out, we need to know about it yesterday if not sooner, but what he’s talking about is most likely the FISA warrant reported at the Guardian, which was initially turned down as too broad. It’s not inconsistent to believe simultaneously that FISA is sometimes unconstitutional and also that we have a problem that requires investigation if there is sufficient evidence on POTUS to eventually get any kind of FISA warrant on him. How the constitutional needle is to be threaded depends on the specifics [Edit: I went digging around again and other reporting seems to suggest that the FISA warrant was obtained in the course of a felony investigation, which may mean probable cause was required, but this is also mainly from British sources so take the salt shaker].
And then one wonders where exactly the regime plans on taking this. They’re not about to be going after FISA: that would be reducing their own power. They’re not going to plead insanity: that would be crazy. So that leaves them either with giving in to demands for an investigation (which won’t happen), or with an attempt to launch their own into illegal Obama administration wiretapping, for which there is no known evidence but when has that ever stopped them.
Anyway it’s totally insane that people who likely couldn’t pass an SSBI are running around the White House unhindered.