The idea that FISA could be used against political enemies always seemed far-fetched. Now it might not be.
National Review | Conservative News, Opinion, Politics, Policy & Current Events
"To summarize, it appears there were no grounds for a criminal investigation of banking violations against Trump. Presumably based on the fact that the bank or banks at issue were Russian, the Justice Department and the FBI decided to continue investigating on national-security grounds. A FISA application in which Trump was “named” was rejected by the FISA court as overbroad, notwithstanding that the FISA court usually looks kindly on government surveillance requests. A second, more narrow application, apparently not naming Trump, may have been granted five months later; the best the media can say about it, however, is that the server on which the application centers is “possibly” related to the Trump campaign’s “alleged” links to two Russian banks — under circumstances in which the FBI has previously found no “nefarious purpose” in some (undescribed) connection between Trump Tower and at least one Russian bank (whose connection to Putin’s regime is not described).
*
That is tissue-thin indeed. It’s a good example of why investigations properly proceed in secret and are not publicly announced unless and until the government is ready to put its money where its mouth is by charging someone. It’s a good example of why FISA surveillance is done in secret and its results are virtually never publicized — the problem is not just the possibility of tipping off the hostile foreign power; there is also the potential of tainting U.S. persons who may have done nothing wrong. While it’s too early to say for sure, it may also be an example of what I thought would never actually happen: the government pretextually using its national-security authority to continue a criminal investigation after determining it lacked evidence of crimes."