Who had their own phone legally tapped to collect evidence?

[The_jackalope]

And then a government request to extend the monitoring after it was shut off was denied? Curious?

Here's the case, with identities redacted.

https://cases.justia.com/federal/district-courts/new-york/nyedce/1:2017mc01679/402909/2/0.pdf

There is an unsubstantiated report that the "witness" in question was none other than James Comey, who was collecting evidence on Donald, Donald Jr. and Eric. If that report is even close to true it's the most galactically incredible story I've ever read, and I read a LOT of SF when I was a kid. Comey may have essentially had himself wired - had his own phone legally tapped so he could record Trump et al. Trump should definitely think twice about firing Bobby Three Sticks.

Lordy, maybe there ARE tapes!

[nocalflea]

1. Comey ? Has he even met Jr. & Eric ?

Sounds like B.S. to me.

[The_jackalope]

5. Yep. ABC reported it.

http://abcnews.go.com/Politics/fbi-probing-attempted-hack-trump-organization-officials/story?id=47652150

The FBI is investigating an attempted overseas cyberattack against the Trump Organization, summoning President Donald Trump’s sons, Don Jr. and Eric, for an emergency session with the bureau’s cybersecurity agents and representatives of the CIA, officials tell ABC News.

Law enforcement officials who spoke to ABC News on the condition of anonymity confirmed the attempted hack and said the subsequent meeting took place at the FBI’s New York headquarters on May 8, the day before Trump fired FBI director James Comey. Spokesmen for the FBI, CIA and Secret Service all declined to comment.

[malaise]

2. Freaking wow - that may just be the icing on the cake

If this is true it needs to be seen

Rec - off to the greatest page

[The_jackalope]

9. I swear,

One of these mornings my eyes are going to shoot right out of my head and go flying around the room backwards.

[WhiteTara]

14. sort of like this?

Welcome to DU btw

[The_jackalope]

15. Yeah, like that. Thanks! nt

[malaise]

18. Join the line

[WhiteTara]

19. I just had this vision of all our eyeballs popping out

and floating around the room until they land in someone else's sockets and we all see the world in a new way. Wouldn't that be cool?

[Not Ruth]

3. The government request Refers to this as a wiretap

It is on a specific phone. So if the subject stops using the phone, no more wiretap.

[The_jackalope]

4. Or if the subject gets fired and is no longer a government employee. nt

[FakeNoose]

6. You can record your own conversations legally

...but in most states you must tell the other person that the conversation is being recorded.

Anyone who's ever called a "customer service" line usually hears that "conversations are being recorded for quality purposes." So if the caller isn't OK with being recorded he can always hang up and not get any customer service.

The point is, if this is about James Comey, he can't use his tapes as evidence in court if he didn't notify the other person (presumably Trump) that the conversation was being recorded.

Trump can try to fire Mueller but it will backfire. Schiff has already said they'll re-hire Mueller as the independent special prosecutor and then Trump can't fire him.

[The_jackalope]

7. If it was a court-approved wiretap, I don't think he has to say squat.

Comey won't be using the recordings in court. Bobby Three Sticks will.

[WhiteTara]

16. tell me more about the nickname

Bobby Three Sticks
THanks

[The_jackalope]

17. It refers to the III in his name

Robert Mueller III

He got the handle in the service.

[WhiteTara]

20. Ah, of course.

My imagination ran wild there for a second.

[The_jackalope]

21. Yes, mine did too at first!

[jmg257]

8. Typically as long as 1 person consents, you're good. DC law is like that

http://www.dmlp.org/legal-guide/district-columbia-recording-law

The District of Columbia's wiretapping law is a "one-party consent" law. DC makes it a crime to record a phone call or conversation unless one party to the conversation consents. See D.C. Code § 23-542. Thus, if you operate in DC, you may record a conversation or phone call if you are a party to the conversation or you get permission from one party to the conversation in advance. That said, if you intend to record conversations involving people located in more than one state, you should play it safe and get the consent of all parties.

In addition to subjecting you to criminal prosecution, violating the DC wiretapping law can expose you to a civil lawsuit for damages by an injured party.

[FakeNoose]

11. OK thanks I didn't know that

I'm cool with that!

[Nevernose]

23. There are several ways around admissibility

The easiest way is to play a snippet in a deposition or interview and ask the person in question if that's their voice on the tape.

In Nevada, there's a metric shit ton of case law and pro-organized-crime statutes that go back fifty or sixty years.

[Phoenix61]

26. DC is one party consent

As long as Comey consented, it's legal.

[L. Coyote]

10. Former Central Intelligence Agency Director James Woolsey

Woolsey: Flynn discussed sending Erdogan foe back to Turkey
By Leigh Munsil, CNN

(CNN)Former Central Intelligence Agency Director James Woolsey told CNN Friday that former Trump National Security Adviser Michael Flynn met with representatives of the Turkish government in 2016 and discussed potential ways to send a foe of Turkey's president back to face charges in that country.

As a representative of his consulting firm, Flynn Intel Group, Flynn met with senior representatives of President Recep Tayyip Erdogan's government in September 2016, Woolsey said. Woolsey was a Trump campaign adviser at the time and attended the meeting, but said he arrived after it was already well underway.

Woolsey claims that those present discussed sending Fethullah Gulen, a Muslim leader who Erdogan has accused of being behind a failed military coup to overthrow him, back to Turkey to face charges -- possibly outside the legal US extradition system.

"What I saw and heard was sort of the end of the conversation -- it's not entirely clear what transpired because of that," Woolsey said on "CNN Tonight" with Don Lemon. "But it looks as if there was at least some strong suggestion by one or more of the Americans present at the meeting that we would be able, the United States would be able, through them, to be able to get hold of Gulen, the rival for Turkey's political situation."

A spokesman for Flynn flatly denied Woolsey's characterization of the meeting. ..........

[MedusaX]

12. Possibly...1. tapped phone was supplied to person 1 yr ago

2. Software used to monitor it suddenly was no longer accessible (if no longer employed?)

3. Person agreed to have calls recorded
4. Person agreed not to allow the phone to be used by anyone else (when not in his/her presence)

5. Court Denied request to have cell phone provider access the line
6. Original order remains sealed.

Obviously it was someone working with FBI as a CI...
and for some reason the in-house monitoring software is
Suddenly no longer utilizable ...
after having been used for 1 year...

And no explanation is provided to court as to why no longer usable

But the confidentiality of the original order is of sufficient importance to keep it in place & sealed.

Likely that the phone was given
To Somebody on the inside....
Comey's timeline matches
But he is not truly in a position to gather lots of phone intell

Maybe Comey had a CI planted amongst the inner circle ..... hmmmmmmm....

[The_jackalope]

13. The phone could also have been used as a wire.

Which might explain why he was abruptly fired a day after meeting with Donald Jr. and Eric...

[Not Ruth]

27. If Comey had been wiretapping Trump and his sons for over a year using Comey's own cell phone

And somehow specifically told Trump that he was not under investigation, that is some next level GLOMAR. Let's call it GLOMAR squared.

[The_jackalope]

28. Even better than GLOMAR

That looks like an investigator legally lying to a suspect under active investigation.

[jmg257]

24. Oh this is interesting - "Wire Taps" anyone?

[The_jackalope]

25. Could be where he got the idea.

The fact that there were intercepts of Trump calls, if not their substance, would have been known in the Executive Branch. I can imagine that freaked SCROTUS right the fuck out.

[The_jackalope]

29. Same reporter has a story that Kislyak's phone was hacked the same way Comey's was

(i.e. tapped and hot-miked)

Without permission, of course. If Sessions spoke with Special K at the Mayflower he should be shitting duodecahedral bricks with metal corners right now.