Mega,
Did you actually read the statute the author of that article relied upon for this claptrap for yourself? Because it's right there in black and white.
1. The submission must be made BY the Atty General. (NOT the President, NOT the VP, NOT anyone else.)
2. It only applies IF the electronic surveillance is SOLELY directed at communications between or among foreign powers.
3. "there is no substantial likelihood that the surveillance will acquire the contents of any communication to which a United States person is a party."
4. The submission itself is made to the FISA court and by extension to the Chief Justice of SCOTUS. It also requires that both the House and Senate Select Committees on Intelligence must be notified 30 days ahead of time of when the surveillance is to begin or in the case of an emergency as soon as possible after surveillance begins.
Clearly, Trump is a "United States Person" so he, along with every other US Citizen or Resident cannot be lawfully wiretapped under this section of the Act. He's also NOT a foreign power, so once again this section is completely inapplicable. Finally, do you honestly believe that all the Republicans in the House and Senate who were notified of such a thing wouldn't have made a huge stink about it?
I would also point out, just a pro-tip if you will, but maybe not put much stock in articles authored and published under the pen name "Tyler Durden" as they may prove to be just as psychotic as the character from whom they borrowed their nom de plume. Especially when they voice opinions on subjects they clearly don't seem to know much about or when they show such inability to read the plain language of a statute. (It's also interesting that he only provided about 1/2 of the actual statute to which he cited, there's quite a bit more which did not appear.)
The point about Snowden and others he claims are related to this particular portion of the statute are also a complete red herring. There are obviously other sections of the statute which allow for the surveillance of US Citizens/Residents, but only after going through the FISA Court. The author of the article is making an assumption that it was this section of the Statute used to spy on Snowden and others, but provides no evidence or reason as to why anyone should make such an assumption. Since there are so many other provisions within the statute that WOULD be applicable to those situations involving US Citizens/Residents, trying to apply this provision makes no damned sense, much less create a reason to make such an assumption.
As Trump is a "US Person" unless he was ordering a "hit" on someone, or someone was ordering a "hit" on him, or a court order secured - ALL communications of his which wound up in their hands would have to be deleted within 72 hrs as per the statute. (You can see that provision below.)
In short this article is worse than a "nothing biscuit" it's a freaking "Air Biscuit" and a wet one at that.
For the record, here are the elements the AG would have to certify in writing to the House and Senate are being followed as part of the "minimization procedures" under 50 USC Sec.1801(h):
(h) "Minimization procedures", with respect to electronic
surveillance, means -
(1) specific procedures, which shall be adopted by the
Attorney General, that are reasonably designed in light of the
purpose and technique of the particular surveillance, to
minimize the acquisition and retention, and prohibit the
dissemination, of non publicly available information concerning
un-consenting United States persons consistent with the need of
the United States to obtain, produce, and disseminate foreign
intelligence information;
(2) procedures that require that non publicly available
information, which is not foreign intelligence information, as
defined in subsection (e)(1) of this section, shall not be
disseminated in a manner that identifies any United States
person, without such person's consent, unless such person's
identity is necessary to understand foreign intelligence
information or assess its importance;
(3) notwithstanding paragraphs (1) and (2), procedures that
allow for the retention and dissemination of information that
is evidence of a crime which has been, is being, or is about to
be committed and that is to be retained or disseminated for law
enforcement purposes; and
(4) notwithstanding paragraphs (1), (2), and (3), with
respect to any electronic surveillance approved pursuant to
section 1802(a) of this title, procedures that require that no
contents of any communication to which a United States person
is a party shall be disclosed, disseminated, or used for any
purpose or retained for longer than 72 hours unless a court
order under section 1805 of this title is obtained or unless
the Attorney General determines that the information indicates
a threat of death or serious bodily harm to any person.
And for good measure, here's 50 U.S.C Sec I, the part that defines who is a "US Person"
(i) "United States person" means a citizen of the United
States, an alien lawfully admitted for permanent residence (as
defined in section 1101(a)(20) of title 8), an unincorporated
association a substantial number of members of which are citizens
of the United States or aliens lawfully admitted for permanent
residence, or a corporation which is incorporated in the United
States, but does not include a corporation or an association
which is a foreign power, as defined in subsection (a)(1), (2),
or (3) of this section.
