According to [the NYT report "Trump, Offering No Evidence, Says Obama Tapped His Phones"], a Trump official said that White House counsel Donald F. McGahn II is “working to secure access” to what is believed to be “an order issued by the Foreign Intelligence Surveillance Court authorizing some form of surveillance related to Mr. Trump and his associates.” Presumably, this means the Trump White House is seeking to review the Justice Department’s applications for Foreign Intelligence Surveillance Act (FISA) surveillance of Trump associates, and perhaps Trump himself, from June and October 2016, including any orders issued by the FISA court – as my post explains, it has been reported that the Obama Justice Department’s June application was denied, but its October application (which apparently did not name Trump) was granted.The NYT report makes assertions about the law — "Any request for information from a top White House official about a continuing investigation would be a stunning departure from protocols intended to insulate the F.B.I. from political pressure" — that McCarthy debunks. McCarthy is adamant:
[A] FISA investigation is not a “law-enforcement matter” or “case.” A law-enforcement matter is a criminal prosecution. That is the mission in which there should never be any political interference because it involves the strictly legal matter of whether there is evidence that penal statutes have been violated. In such a situation, White House intrusion would be political interference in a proceeding that is essentially judicial in nature, involving the potential removal of liberty from a citizen.McCarthy has great expertise in this area and the NYT should be powerfully embarrassed to botch things this badly — whether the mistakes are from ignorance or from a deliberate attempt to deceive. I'm not an expert in this area, so maybe McCarthy is wrong and the NYT is right. The NYT had better scramble to explain itself if it's right or come clean if it's wrong.
Meanwhile, this gets my "fake news" tag.