WASHINGTON - If Donald Trump wants to know whether he was the subject of surveillance by the U.S. government, he may be uniquely positioned to get an answer.
In a series of weekend tweets, the president accused his predecessor, Barack Obama, of ordering wiretaps on his phones but offered no proof to back the claim. The White House then called on Congress to investigate the allegations.
But former government lawyers say Trump hardly needs Congress to answer this question.
President Trump's first 100 days
- Congress OKs short-term spending bill, averting government shutdown over weekend
- Trump tells NRA: 'You have a true friend' in White House [video]
- Trump: National monuments a 'massive federal land grab'
- Local anti-Trump activists target state GOP elected officials
- Trump administration says Iran complying with nuclear deal
- Trump declares U.S.-Russia relations may be at 'all-time low'
- Gorsuch sworn into Supreme Court, restores conservative tilt
- U.S. strike on Syria is widely hailed, but angers Russia
- U.S. launches missile attack against Syria
- House intelligence committee chair steps aside
- White House says 'reality' changing with regard to Syria
- U.S. vows to uphold Russia sanctions until it respects pledges
- As GOP schism grows, Trump attacks fellow Republicans
- Trump revives threat to change libel laws
- Senate GOP needs Pence to break tie on family planning funds
- Trump administration seeks delay in ruling on climate plan
- Trump vows efforts to fight nation's opioid addiction crisis
- House sends bill to Trump blocking online privacy regulation
- House sends bill to Trump blocking online privacy regulation
- White House eyeing $18 billion list of social program cuts
- Watchdog to examine cost, security of Trump's Florida trips
- White House looks to bounce back after health care loss
- Trump signs legislation rolling back Obama-era regulations
- Trump's border wall with Mexico faces all kinds of obstacles
- Trump attacks conservative lawmakers over health bill
- Trump, GOP leaders pull troubled health care bill off House floor [video]
- Trump OKs Keystone pipeline, calling it 'great day' for jobs
- House GOP leaders delay vote on health care repeal bill
- Big GOP donors spending millions to stop Trump health care bill
- Trump feels 'somewhat' vindicated after Nunes intelligence briefing
- Comey: FBI probing Trump-Russia links, wiretap claims bogus
- GOP leaders propose health bill changes to help older people
- Trump to meet Iraqi premier as anti-IS policy takes shape
- Trump says Dems 'made up' allegations of Russia interference
- While Trump talks tough, U.S. quietly cutting nuclear force
- Trump says Germany owes 'vast sums' to NATO
- House panel gets Justice Department information about Trump's wiretap claim
- Trump would end subsidies for rural airline service
- Trump OKs changes in GOP health care bill, winning support
- President Trump, German Chancellor Merkel talk job training
- Trump's proposed budget features steep cuts to fund military, homeland security and aid veterans
- President Trump defends wiretapping claims at joint news conference with German Chancellor Merkel
- Trump budget cuts could cut $2 million of block grants for Chattanooga
- Trump pledges to fight 'terrible' court ruling blocking latest travel ban order [video]
- President Donald Trump speaks at rally in Nashville [video]
- Trump's first budget boosts military, cuts domestic programs
- Trump arrives at The Hermitage for historic visit to Andrew Jackson's home
- Trump announces challenge to Obama-era fuel standards
- White House meeting on Saudi underscores kingdom's influence
- President Trump to lay wreath at Andrew Jackson's 's tomb at Hermitage in Nashville
- Trump White House sees influence of shadowy 'deep state'
- Busload of local Trump supporters heading for president's Nashville rally
- Trump earned $153 million and paid $36.5 million in taxes in 2005
- 14 million would lose coverage under GOP plan, according to Congressional Budget Office
- Justice Department asks for more time on wiretapping evidence
- House committee wants evidence for Trump's wiretap claim
- Tax credits work differently in 'Obamacare' and GOP plan
- Trump administration dismissing congressional budget experts
- Trump on charm offensive with former rivals
- No more love for WikiLeaks from Trump after CIA hacked
- Trump's promises vs. the Republican plan on health care
- As president, Trump seeks answers on his own wiretap mystery
- New travel ban eases some legal questions but not all
- House GOP releases bill replacing Obama health care overhaul
- Trump tours private school in Florida, promoting choice
- Environmental programs face deep cuts under budget proposal
- Officials: New Trump order drops Iraq from travel ban list
- Trump looks to refocus his presidency in address to Congress
- Trump budget to increase defense spending by $54 billion
- Trump toasts nation's governors ahead of health care talks
- Trump condemns anonymous sources as staff demands anonymity
- White House bars major news outlets from gaggle
- A look at the legal path ahead for the Trump travel ban
- White House expects Justice crackdown on legalized marijuana
- Trump vows to fight 'epidemic' of human trafficking
- Conservatives learn dealing with Trump can be complicated
- Trump administration lifts transgender student bathroom guidance
- Millions targeted for possible deportation under Trump rules
- Trump Month Two: Talks on health care and on tax overhaul
- Trump praises new African American museum during first visit
- Trump denounces anti-Semitism in newly forceful condemnation
- Trump tries to move past controversies, toward legislating
- Revived by rally, Trump turns back to governing
- Outside of Washington, Trump slips back into campaign mode
- Trump gets out of Washington for campaign-style events
- Trump praises his 'fine-tuned machine,' says media dishonest
- Trump ushers in changes in Obamacare, could lead to higher annual deductibles
- A month into presidency, Trump prepares for a campaign rally
- Trump White House wrestles with a crush of crises
- Trump says U.S. will deal with North Korea 'very strongly'
- North Korean missile launch is Trump's latest test
- AP FACT CHECK: Are immigration raids result of Trump policy?
- Trump cites voter fraud in NH without providing evidence
- Trump says he might give travel ban a tweak or a makeover
- Trump responds to ruling on travel ban: 'SEE YOU IN COURT'
- U.S. appeals court refuses to reinstate Trump's ban on travelers from seven Muslim-majority nations
- Trump says media 'doesn't want to report' extremist attacks
- White House expresses confidence travel ban will be restored
- U.S. judge temporarily blocks Trump's travel ban nationwide
- Trump moves to scale back financial regulations
- State Department says fewer than 60,000 visas canceled under Trump's order
- U.S. sanctions target two dozen people and companies in Iran following ballistic missile test
- Trump pledges to end political limits on churches
- Congress scraps Obama rules on coal mining, guns
- Trump tweets that Iran is 'on notice' for firing missiles
- Trump to Mexico: Take care of 'bad hombres' or U.S. might
- Trump praises Douglass, other famous African Americans
- Trump honors fallen Navy SEAL during unannounced trip
- Speaker defends Trump's order, warns of protests
- Local attorneys see widespread confusion over Trump's immigration order
- Trump supporters say they are happy with immigration order
- Veterans protest travel ban, saying it hurts interpreters
- Trump fires acting attorney general over executive order defiance
- White House: Immigration order 'small price' for safety
- Corker, Alexander call Trump's immigration ban 'poorly implemented' and 'confusing'
- Judge grants temporary stay after Trump immigration ban
- Trump's crackdown on refugees, citizens from 7 majority-Muslim countries takes effect
- Trump signs 'new vetting measures' to guard against terror
- Trump wants to slash EPA workforce and budget, official says
- Trump will pay for border wall with 20 percent tax on Mexican imports, spokesman says
- Trump poised to seek new military options for defeating IS
- Trump signals changes to U.S. interrogation, detention policy
- Trump calls for probe into unsubstantiated voter fraud claim
- Draft order would halt refugee processing for Syrians
- Trump intends to announce his Supreme Court pick on Feb. 2
- Trump warns he's ready to 'send in the Feds' to Chicago
- Trump moves to build border wall, cut sanctuary city funds
- EPA contract freeze, media blackout leave states confused
- Trump dogged by insecurity over popular vote, media coverage
- Trump moving forward with border wall, weighs refugee cuts
- Trump expands anti-abortion ban to all U.S. global health aid
- President Trump moves to advance Keystone XL, Dakota Access oil pipelines
- Trump administration places horse 'soring' ban on hold
- Trump tries to streamline manufacturing permits
- Trump moves to pull U.S. out of big Asia trade deal
- White House kicks off first full work day with daily briefing [video]
- Trump freezes new regulations until his administration can review them
- Trump signs first executive order
"The intelligence community works for the president, so if a president wanted to know whether surveillance had been conducted on a particular target, all he'd have to do is ask," said Todd Hinnen, head of the Justice Department's National Security Division during the Obama administration and a National Security Council staff member under George W. Bush.
The latest storm began Saturday when Trump tweeted: "Is it legal for a sitting President to be 'wire tapping' a race for president prior to an election? Turned down by court earlier. A NEW LOW!" He followed up with: "How low has President Obama gone to tapp my phones during the very sacred election process. This is Nixon/Watergate. Bad (or sick) guy!"
The Justice Department, not the president, would have the authority to conduct such surveillance, and officials have not confirmed any such action. Through a spokesman, Obama said neither he nor any White House official had ever ordered surveillance on any U.S. citizen. Obama's top intelligence official, James Clapper, also said Trump's claims were false, and a U.S. official said the FBI asked the Justice Department to rebut Trump's assertions.
Why turn to Congress, Trump spokesman Sean Spicer was asked Monday.
"My understanding is that the president directing the Department of Justice to do something with respect to an investigation that may or may not occur with evidence may be seen as trying to interfere," Spicer said. "And I think that we're trying to do this in the proper way."
He indicated that Trump was responding to media reports rather than any word from the intelligence community. Other officials have suggested the president was acting on other information.
Sen. John McCain, chairman of the Armed Services Committee, said Monday that Trump needs to give more information to the American people and Congress about his wiretapping accusations. "The dimensions of this are huge," McCain said. "It's accusing a former president of the United States of violating the law. That's never happened before."
As for the genesis of a possible wiretap, it is possible the president was referring to the Foreign Intelligence Surveillance Act, a 1978 law that permits investigators, with a warrant, to collect the communications of someone they suspect of being an agent of a foreign power. That can include foreign ambassadors or other foreign officials who operate in the U.S. whose communications are monitored as a matter of routine for counterintelligence purposes.
The warrant application process is done in secret in a classified process. But, as president, Trump has the authority to declassify anything. And were such a warrant to exist, he could theoretically move to make it public as well.
If the president demands to know what happened, "the Justice Department can decide what's appropriate to share and what's not," said Amy Jeffress, another former Obama administration national security lawyer.
The Justice Department applies for the warrants in a one-sided process before judges of the secretive Foreign Intelligence Surveillance Court. Permission is granted if a judge agrees that there's probable cause that the target is an agent of a foreign power. Though the standard is a high bar to meet, applications are hardly ever denied.
Targets of wiretaps are not alerted that their communications are being recorded. Defendants later charged in the criminal justice system may ultimately learn the government intends to use at trial evidence collected through a FISA warrant, but they are not presented with the actual application for a warrant.
"Unfortunately, the public has never seen an actual FISA application over nearly 40 years, so we don't know exactly how the FISA Court has applied or interpreted the probable cause standard in this context," Patrick Toomey, an American Civil Liberties Union staff attorney specializing in national security, said in an email.
Trump also could have been referring to wiretapping authorized under the Omnibus Crime Control and Safe Streets Act of 1968. The Justice Department can obtain a warrant for that surveillance by convincing a judge that there's probable cause to believe the target has committed or is committing a crime.
The White House turned Sunday to Congress - which is already investigating ties between Trump associates and Russians - for help finding evidence to support his assertions. Some Republicans seemed inclined to try to help Trump get answers.
For Congress, getting to the bottom of this should not be difficult, said Dan Jones, a former Senate investigator and currently president of the Penn Quarter Research and Investigations Group.
"It's a knowable, 'yes or no,'" Jones said. If the answer is there was no such warrant, he said, the next step would be to ask the president why he made the claim. "That information would then be investigated to find out if it's right or wrong."