Trump Tower could have been wiretapped, experts say, but not the way Trump suggests


President Trump's allegation that Trump Tower was wiretapped by the federal government during the 2016 election is possible, digital surveillance experts tell Politico, but his claim that former President Obama personally ordered the surveillance doesn't match legal realities. The president cannot simply ask for a wiretap warrant the way Trump's tweets suggest; that is the role of law enforcement agents by way of a judge's order.
Still, there are other ways Trump Tower conversations could have been monitored by the feds:
First, they may have come upon Trump Tower phone calls if a targeted foreign agent was on the other end of the line — this method comes from the Foreign Intelligence Surveillance Court. Or Trump Tower digital chatter might show up while digging through the vast quantities of data hoovered up via more sweeping foreign surveillance programs.Second, the FBI could have also asked for a so-called "pen register" or "tap and trace device," which only record the parties involved in a phone call. These requests have a lower bar for approval. [Politico]
All told, said Cindy Cohn of the Electronic Frontier Foundation, a digital privacy advocacy group, it is "very likely that the people in the Obama administration had access to the communication of senior Trump officials in the run-up to the election, because they have very, very broad authority." That would be the case regardless of the sort of political interference Trump suspects.
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Notably, the Obama team's statement in response to Trump says "neither President Obama nor any White House official ever ordered surveillance on any U.S. citizen," a denial that does not preclude the sort of access Politico describes.
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Bonnie Kristian was a deputy editor and acting editor-in-chief of TheWeek.com. She is a columnist at Christianity Today and author of Untrustworthy: The Knowledge Crisis Breaking Our Brains, Polluting Our Politics, and Corrupting Christian Community (forthcoming 2022) and A Flexible Faith: Rethinking What It Means to Follow Jesus Today (2018). Her writing has also appeared at Time Magazine, CNN, USA Today, Newsweek, the Los Angeles Times, and The American Conservative, among other outlets.
-
August 24 editorial cartoons
Cartoons Sunday's political cartoons include Putin at Donald Trump's circus, gallons of whitewash, and a foldable cartoon
-
5 Post Office-approved cartoons about mail-in voting
Cartoons Artists take on reverse logic, Putin's election advice, and more
-
The battle of the weight-loss drugs
Talking Point Can Novo Nordisk and Eli Lilly regain their former stock market glory? A lot is riding on next year's pills
-
Judge: Trump's US attorney in NJ serving unlawfully
Speed Read The appointment of Trump's former personal defense lawyer, Alina Habba, as acting US attorney in New Jersey was ruled 'unlawful'
-
Third judge rejects DOJ's Epstein records request
Speed Read Judge Richard Berman was the third and final federal judge to reject DOJ petitions to unseal Epstein-related grand jury material
-
Texas OKs gerrymander sought by Trump
Speed Read The House approved a new congressional map aimed at flipping Democratic-held seats to Republican control
-
Israel starts Gaza assault, approves West Bank plan
Speed Read Israel forces pushed into the outskirts of Gaza City and Netanyahu's government gave approval for a settlement to cut the occupied Palestinian territory in two
-
Court says labor board's structure unconstitutional
Speed Read The ruling has broad implications for labor rights enforcement in Texas, Louisiana and Mississippi
-
Feds seek harsh charges in DC arrests, except for rifles
Speed Read The DOJ said 465 arrests had been made in D.C. since Trump federalized law enforcement there two weeks ago
-
Trump taps Missouri AG to help lead FBI
Speed Read Missouri Attorney General Andrew Bailey has been appointed FBI co-deputy director, alongside Dan Bongino
-
Trump warms to Kyiv security deal in summit
Speed Read Ukrainian President Volodymyr Zelenskyy called Trump's support for guaranteeing his country's security 'a major step forward'