In a series of tweets early Saturday morning, Trump alleged that President Obama had the phones in Trump Tower in New York wiretapped before Election Day.
#1 President Trump says that President Obama wiretapped him. President Trump asserts alleged wiretapping of his phones as a fact that certainly occurred; there is no “if.” He claims President Obama ordered — or was at least involved in — the alleged wiretapping. President Trump questioned the legality of such a move, asking “is it legal” and adding “a good lawyer could make a great case” about it.
Mr. Trump hasn’t provided any more detailed information about his allegations, so it’s unclear if he’s referring to a FISA (Foreign Intelligence Surveillance Act) Court order; a criminal case wiretapping warrant; some kind of rogue extra governmental action; something he read, saw on television or heard on the radio; or none of the above
#2 FISA has real barriers– The Foreign Intelligence Surveillance Act of 1978 (“FISA)” Pub.L. 95–511, 92 Stat. 1783, 50 U.S.C. ch. 36) is a United States federal law which prescribes procedures for the physical and electronic surveillance and collection of “foreign intelligence information” between “foreign powers” and “agents of foreign powers” (which may include American citizens and permanent residents suspected of espionage or terrorism). The Act created the Foreign Intelligence Surveillance Court (FISC) to oversee requests for surveillance warrants by federal law enforcement and intelligence agencies. It has been repeatedly amended since the September 11 attacks.
#3- The FBI Says NO– FBI Director James Comey asked the Justice Department to publicly refute Trump’s assertion that Obama ordered a wiretap of Trump’s phones before the election, government sources told ABC News. Mr. Comey was concerned the president’s tweets — which he believes are inaccurate — created the impression that the FBI acted improperly, and he wanted to set the record straight.
The FISA court — made up of 11 federal judges serving seven-year terms and selected by the chief justice of the United States — meets in private, sometimes in the middle of the night. FISA targets are highly classified and targeted.