IF Obama directed his lieutenants to monitor the Trump Campaign did those lieutenants do anything illegal? Or restated can they be charged with a crime for doing it?
I ask this in a similar light to enhanced interrogators, did they do anything they can be charged on if they directed to do it?
Or do the subordinates have the responsibility to tell the President this is illegal.
AS we know the President cannot run covert operations without a finding, would the gang of eight have been informed?
If the President did not notify the gang of eight is he in jeopardy?
Gang of eight in 2016 were
Nancy Pelosi Minority leader
Paul Ryan Speaker
Adam Schiff ranking member
Devon Nunes Chairman
Richard Burr Chairman
Dianne Feinstein Vice chair
Mitch McConnel Majority leader
Harry Reid Minority leader.
those may be wrong but i think they are correct.
Now then McCabe said he told the Gang of eight about the Trump Probe.
IF so this becomes a bipartisan end around our constitution!
The “I was just following orders” argument has been shot down many times in many courts. A person can not be compelled to do something illegal by their superior and if they do they can well be held accountable.
Congresspersons not complaining can’t make spying on political enemies ok. The question is, what was the basis for believing that there was collusion? So far, they have come up with nothing but a fake dossier and “feelings”.
Our law is based on the constitution. The military is further bound by the Uniform Code of Military Justice. I know that a person in the military does not have to follow unlawful orders and will be held accountable if they do. I don’t know what, if any other documents are used to base our laws on, but there is nothing in those that allows the law to be broken or ignored in a covert operation. Even between nations, if a spy from one country is caught spying in another, the spy is held accountable and in times of war can be executed for their spying. It seems to me it’s no different than trying to use evidence that was gained without a warrant. If the underlying cause was illegal, then any action done under that illegal action would also be illegal and/or inadmissible in court.
It’s possible that the actual people who got caught spying could have been lied to or given false orders and perhaps that might mitigate their guilt or sentence if they are convicted, but if they knowingly spied under false pretenses because their superiors told them to, they should be held fully accountable.
and if they are agents in a covert operation they have the right to keep it secret and not be prosecuted.
That is what the OP alludes to.
If it is covert it is classified and if it is classified you cannot tell.