ANDREW MALCOLM: What’s really hidden deep within all this intel squabbling.
Here’s what really matters: During the waning days of the Obama administration U.S. intelligence was indeed monitoring the conversations of foreign persons of interest after the Nov. 8 election and before the Jan. 20 inauguration. That’s normal and actually encouraging given how many key things those agencies have missed in recent years.
In those eaves-droppings they overheard Trump aides being mentioned or talking to agencies’ foreign targets. That’s called “incidental contact” in the intel world. That means they weren’t supposed to be targeting the American, but he or she came up. That’s unavoidable in intelligence-gathering if you’re doing a thorough job.
To avoid “unmasking” those innocent bystanders, transcripts of those overheard conversations refer to the foreign target by name and identify the other person simply as American No. 1 or American No. 2. A very small number of very senior intelligence officials will know the actual identity of the American, people like, oh, then-CIA director John Brennan or Susan Rice, Obama’s national security adviser.
Remember Trump’s first national security adviser, retired Gen. Michael Flynn? He was picked up talking with the Russian ambassador as part of his transition work. Subsequently, he was fired, not for the conversation but for misrepresenting that conversation to Trump teammates, including Vice President Pence. Trump accurately saw that as fatally corroding the trust he needs in such a close aide.
But here’s the deal: We should never have known it was Flynn.
Yes, as head of the Defense Intelligence Agency Flynn was very unpopular among Obama administration members and indeed was frozen out of contact with the commander-in-chief because he favored a much stronger response to ISIS, among other things. Talk about a president dodging opposing views.
Like Flynn or not, it is illegal — as in against the law — for anyone to reveal the name of an incidentally-overheard American. Someone in a small circle of Obama intelligence officials who knew the identity of that American No. 1 committed a felony by leaking Flynn’s name to media.
Safe to say the leak, like numerous others since Hillary Clinton was not inaugurated as president, was not intended to facilitate the smooth presidential transition that Obama so often publicly promised.
Prosecute the leaker.