The big story these days is the breaking news that Donald Trump’s campaign manager, Paul Manafort, was under FBI surveillance. This has brought forth a flurry of claims that Trump was right about his charges of wiretapping, that the FBI only tracked Manafort to find out what Trump was doing and that Manafort was only guilty of talking to Russian diplomats.
The real story is that this news isn’t breaking news at all. The story broke during the campaign that there was an active FISA warrant for surveillance of members of the Trump campaign staff. A November 2016 article by Heat Street (which has since been acquired by MarketWatch) reported that a broad FISA warrant request in June 2016 included Donald Trump as a target. This request was denied, but a subsequent, more narrow request was granted in October.
This was confirmed by the BBC in a January 2017 article which described how the warrant was issued to investigate two Russian banks. The investigation stemmed from intelligence passed to the US by an unnamed Baltic nation in April 2016. The intelligence allegedly included a recorded conversation “about money from the Kremlin going into the US presidential campaign.” The BBC article mentioned, but did not name, “three of Mr. Trump’s associates were the subject of the inquiry.”
One of the three was Michael Flynn. Flynn was Trump’s first national security advisor. Flynn was fired early in the Trump Administration after it was revealed through leaked surveillance information that he had lied about conversations with the Russian ambassador. Flynn’s contacts with the Russians were apparently uncovered as an incidental target as the intelligence community monitored Russian diplomats. Flynn is still under investigation by both the Pentagon and Mueller’s task force.
In April 2017, the New York Times named a second target of the investigation. The report stated explicitly that Carter Page had been the target of a FISA warrant after he left the Trump campaign. “The Justice Department considered direct surveillance of anyone tied to a political campaign as a line it did not want to cross,” the report said, citing an unnamed official.
Paul Manafort, Trump’s campaign manager, was the third target of the investigation. Manafort had long had ties to the Putin government. He had worked as a consultant for the pro-Russian political party that controlled the Ukraine until it was toppled by a revolution in 2014. Manafort’s name was listed in the so-called “Black Ledger” that detailed secret payments by the Ukrainian ruling party. The ledger, which was discovered after the revolution, showed that Manafort received at least $1.2 million from the pro-Putin ruler of Ukraine per AP reports. Manafort was fired by Trump in August 2016 after the story of the Ukrainian payments broke.
The new story by CNN detailing Manafort’s surveillance says that Manafort was the subject of two FISA warrants. The first, centered on his work in the Ukraine, began in 2014 and “was discontinued at some point last year  for lack of evidence, according to one of the sources.”
The dates for the second warrant are not known but it apparently began after “FBI interest deepened last fall because of intercepted communications between Manafort and suspected Russian operatives, and among the Russians themselves.” The warrant reportedly continued until early 2017. The dates suggest that Manafort was not monitored while he was an official part of the Trump campaign, although they do cover a period when he had discussions with President Trump. “It’s unclear whether Trump himself was picked up on the surveillance,” CNN notes.
Another report by the New York Times says that federal agents raided Manafort’s home in July 2017. Again, this was after his official role as a member of Donald Trump’s campaign staff was long over.
So was Donald Trump right when he claimed that Obama was “tapping” his phones? So far there is still no evidence of this. Surveillance of Trump’s associates is not the same as surveillance of Trump himself. This is especially true if the surveillance did not occur during the period when Trump’s associates were working on his campaign. This would also indicate that the surveillance was not to find out what the Trump campaign was up to.
Further, the surveillance of Paul Manafort was not the result of business-as-usual contacts with Russian diplomats. A FISA warrant was issued for Manafort because he was communicating with Russian agents. A FISA warrant is not proof of guilt, but it does require probable cause. The denial of the June 2016 warrant request is proof that warrants are not issued on a frivolous basis.
The investigation into Paul Manafort and the Russian interference in the 2016 campaign is not yet complete. In the weeks and months to come, we may learn exactly why Manafort was talking to the Russians and what was said. At this point, there is no smoking gun, but there are indications, such as the decision to threaten Manafort with indictment, that Special Counsel Mueller is building a strong case. Part of that case may be on incriminating evidence that resulted from surveillance under the FISA warrant.