Donald Trump has accused Obama of committing the crime of
wire tapping. In fact, Trump may be guilty
of a felony by not reporting everything he knows about this incident to the
proper federal authorities. Trump may be
guilty of “misprision of felony” under federal law--18 U.S. Code § 4. See: https://www.law.cornell.edu/uscode/text/18/4
Why? Let’s start by
looking carefully at what Trump said in his tweets.
What did Trump actually
say in his tweets about wire tapping?
Trump and his underlings are spinning like a top on what he
really said about Obama and wire tapping.
Let’s not forget Trump’s exact words.
Here they are:
Notice, Trump
says “Obama had my ‘wires tapped.” He says, “Is it legal for a sitting President to be ‘wire tapping’…” He says “President
Obama was taping my phones…”He says “How low has President Obama gone to tapp my phone…” There is only one way to read these tweets
regardless of what kind of spin Trump and his underlings put on it.
Trump is clearly saying: “President Barack Obama ordered
agents of the Federal Government or someone to tapp my phones.” That’s the only possible interpretation of
what Trump was saying.
Let’s assume for a moment that when he used the words “wires
tapped”, “wire tapping”, “tapping my phones,” and “tapp my phones,” Trump was
referring to something broader than wire tapping such as “spying,” “surveillance,”
“monitoring, electronic or otherwise,” “shadowing,” “watching,” or any other
similar term. It doesn’t’ matter.
Trump was clearly saying that Obama gave an illegal order for someone or some agency to engage in
an invasion of Donald Trump’s privacy and thereby committed a felony. It does not matter whether the alleged act
was one of “tapping phones.” This is
clearly one President is accusing a former President of committing a criminal
act.
Trump may be
committing a felony by not coming with what he knows about the wiretapping.
Specifically, Donald Trump was accusing Barack Obama of violating
“18 U.S. Code § 2511 - Interception and disclosure of wire, oral, or electronic
communications prohibited” which says in
part “any person who—(a) intentionally intercepts, endeavors to intercept, or
procures any other person to intercept or endeavor to intercept, any wire,
oral, or electronic communication;”…” shall be punished as provided in
subsection (4) or shall be subject to suit as provided in subsection (5).” Section 4 calls says anyone found guilty of
the section shall be subject to a $500 fine and/or up to five years in federal
prison.
Trump said in his tweets that he has knowledge that Obama
committed at crime—violated 18 U.S. Code § 2511. Under the U.S. Code, Trump has an obligation
to formally report this crime to federal authorities along with whatever
evidence leads his to suspect that Obama committed the crime . 18 U.S. Code §
2511 says “Whoever, having knowledge of the actual commission of a felony
cognizable by a court of the United States, conceals and does not as soon as
possible make known the same to some judge or other person in civil or military
authority under the United States, shall be fined under this title or
imprisoned not more than three years, or both.
(June 25, 1948, ch. 645, 62 Stat. 684; Pub. L. 103–322,
title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2147.)” Source: https://www.law.cornell.edu/uscode/text/18/4
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