It would be peculiar if, as he now claims, James Clapper did not know about the Obama administration’s monitoring of Paul Manafort. At the time, which appears to have been the autumn of 2016, Clapper was Obama’s national intelligence director. The (dubious) raison d’être of the Office of the Director of National Intelligence (ODNI) — a post-9/11 layering of yet more bureaucracy atop bureaucratic sprawl — was to ensure efficient information flow through the “community” of U.S. intelligence agencies.
That said, it is a gross exaggeration to contend, as some are doing, that new revelations about the surveillance of Manafort, the former chairman of the Trump campaign, show that Clapper lied in a March 2017 interview by NBC’s Chuck Todd. Instead, what we now know proves what I warned at the time of the interview: It was a mistake to construe Clapper’s answers to Todd as a blanket denial of Obama spying on the Trump campaign.
Carefully parsed, Clapper’s comments left open the possibility — which some of us regarded as a high probability — that Manafort and other Trump associates had been under Obama-administration surveillance.
Much is being made of Clapper’s assertion that “there was no such wiretap activity mounted against the president, the president-elect at the time, or as a candidate, or against his campaign.” But what commentators are omitting is a critical qualification that I highlighted right after the interview (as did our Jim Geraghty and NBC News itself). Clapper made clear that he could only speak, as NBC put it, “for the part of the national security apparatus that he oversaw.”
Why was that significant? As I elaborated:
The director of national intelligence does not “oversee” the entirety of the government’s national-security apparatus. By statute, for example, the attorney general (who of course runs the Justice Department) oversees the process of requesting and executing electronic surveillance under the Foreign Intelligence Surveillance Act [FISA] (see Title 50 U.S. Code, Sec. 1801 et seq.).
The surveillance of Manafort was conducted under FISA. It would have been known to the Justice Department, which presents warrant applications to the Foreign Intelligence Surveillance Court, and to the FBI, which conducts the investigations. But the surveillance operation would be known to the national intelligence director only if the Justice Department, the FBI, and whoever else was in the loop chose to share it with him. Apparently, they did not — confirmation that the ODNI is the excrescence many of us predicted it would be.
At the time of Clapper’s interview, the front-burner topic was whether Trump himself had been monitored. The president had just alleged, in a series of tweets, that his phone lines had been tapped at Trump Tower. I assumed (as I’m sure Clapper did) that Clapper would have been informed if Trump had been targeted for FISA surveillance when he was a candidate or president-elect. But even if that is a safe assumption, it does not mean that Clapper would have been alerted to every surveillance of a Trump subordinate or associate.
What about Clapper’s denials of wiretapping against Trump’s campaign, and at Trump Tower?