Robert Mueller is the special counsel appointed by Deputy Attorney General Rod Rosenstein in May 2017 to probe the nature and extent of Russian interference in the 2016 presidential campaign. The investigation began in October 2016 under President Barack Obama when the FBI took seriously the boast of Carter Page, one of candidate Donald Trump’s foreign policy advisers, that he had worked for the Kremlin.
The FBI also had transcripts of telephone conversations and copies of emails and text messages of Trump campaign personnel that had been supplied to it by British intelligence. Connecting the dots, the FBI persuaded a judge on the Foreign Intelligence Surveillance Court to issue a search warrant for the surveillance of Page, an American.
Page never registered as a foreign agent, and working for the Kremlin and not registering as a foreign agent is a crime for which the FBI should have investigated Page. Such an investigation would have included surveillance, but not from the FISA court. Surveillance in a criminal case requires a search warrant from a U.S. District Court based upon the constitutional requirement of probable cause of crime — meaning that it is more likely than not that the thing to be searched (internet and telephone communications) will produce evidence of criminal behavior.
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But the FBI didn’t seek that. Instead, it sought a warrant to surveil Page’s communications based on the Foreign Intelligence Surveillance Act standard, which is probable cause of communicating with a foreign power. This lower, easier-to-demonstrate and unconstitutional standard is the tool of choice these days for FBI agents because it…