Sunday, March 5, 2017

Lawyerly "Denials"

Stephen Green, who guest-blogs at Instapundit, links to the following analysis by economist Craig Pirrong who blogs as the Streetwise Professor.
I won’t comment in detail on the substance of today’s latest outbreak of our fevered politics: Trump’s accusation that Obama ordered wiretapping of Trump Tower and the Trump campaign. I will just mention one fact that strongly supports the veracity of Trump’s allegation: namely, the very narrow–and lawyerly–“denials” emanating from the Obama camp.

Obama and his surrogates–notably the slug (or is he a cockroach?) Ben Rhodes–harrumph that Obama could not unilaterally order electronic surveillance. Well, yes, it is the case that Obama did not personally issue the order: the FISA court did so. But even if that is literally correct, it is also true that the FISA court would not unilaterally issue such an order: it would only do so in response to a request from the executive branch. Thus, Obama is clearly implicated even if he did not issue the order. He could have ordered his subordinates to make the request to the court, or could have approved a subordinate’s request to seek an order. Maybe he merely hinted, a la Henry II–“will no one rid me of this turbulent candidate?” (And “turbulent” is a good adjective to apply to Trump.) But regardless, there is no way that such a request to the court in such a fraught and weighty matter would have proceeded without Obama’s acquiescence.

I therefore consider that the substance of Trump’s charge–that he was surveilled at behest of Obama has been admitted by the principals.
Pirrong gives a fuller statement of what I wrote yesterday, observing the narrowness of the denials.