Yesterday the alarming story surfaced of Biden-era FBI officials working for Jack Smith conducting phone record surveillance on Kash Patel and Susie Wiles in 2022 and 2023 when Donald Trump was organizing his second term candidacy.
Beyond the initial element of subpoenas for Patel and Wiles phone records was an alarming assertion made inside the Reuters report stating:
“[…] In 2023, the FBI recorded a phone call between Wiles and her attorney, according to two FBI officials. Wiles’ attorney was aware that the call was being recorded, and consented to it, but Susie Wiles was not.” (source)
That statement is shocking on many levels. There is no legal mechanism for the FBI to gain wiretap authority to record a phone conversation between a lawyer and his client. Every legal cannon that underpins the American legal system forbids such an intrusion.
Any lawyer who would consent to his client being recorded by the FBI while keeping the client unaware would be disbarred and lose their license.
No judge or legal authority would even consider approving a warrant for such a wiretap, and inside the judiciary any of the content from such a violative breech would be immediately nullified in any capacity.
Reporting by Marc Caputo of Vice News now reflects the lawyer categorically denying being aware of his conversation with Susie Wiles being intercepted or recorded. “The lawyer representing Susie Wiles at the time of this incident categorically denies he allowed his client to be recorded by the FBI w/out her consent. I understand she believes him & that the Biden-era FBI may have lied about it. Here’s what the lawyer told me: “If I ever pulled a stunt like that I wouldn’t – and shouldn’t – have a license to practice law. I’m as shocked as Susie.” (source)
As the story now rests. If the FBI does indeed have a recording of a private phone call between Susie Wiles and her attorney, the recording itself could have only come from an illegal wiretap by rogue elements of the FBI working in coordination with Jack Smith. No judge would ever approve of such a violative action.
If such a recording and wiretap does factually exist, Jack Smith and the top elements of the former DOJ (Merrick Garland and Lisa Monaco) together with FBI leadership Director Christopher Wray, now have a lot to answer to. Again, that is if the predicate claim is factual; if a recording of such an intercept does factually exist.
This is certainly a story to watch closely and see who exactly is asking the right questions to get the right answers.

Knowing next to nothing [000.00002%] about the inner dealings judges have with the mountain of legality, I am still slightly incredulous with the sentence “No judge would EVER”……………
Watching the systemic corruption controlling courts federally and states-wide, I am inclined to believe the right certain judge would most certainly consider subverting any and all legal authority. Call me jaded, but all this judicial perversion has turned me into a skeptic. The entire judicial system has turned into a septic tank.
My opinion has no bearing on my devotion to the hard work and sincerely accurate research conducted by the incomparable Sundance.
I concur.
I was thinking the exact same thing.
You’ve encapsulated it far better than I ever could.
There is an exception to attorney-client privilege called the crime/fraud exception. All Smith would need to do is put together an affidavit setting out a factual predicate for the exception, and a compliant judge like Boasberg would gladly sign it. Of course, the affidavit wouldn’t be truthful, but that wouldn’t matter.
I was about to make the same comment.
As for predicate … all Smith or some eager DoJ attorney would have to do is link activities (with nebulous claims) in the warrant request as an on-going crime/fraud related to any one of the CONVICTIONS obtained vs President Trump and his associates … starting all the way back to efforts of Special Counsel Robert Mueller.
As stated above, a friendly lawfare Judge would sign the warrant.
Now for the $64,000 question. If a warrant was in deed obtained to spy on Susan Wiles and DHS Secretary Noehm … somebody in DoJ had to create the warrant request … the FBI does not act unless ordered to do so by a DoJ Prosecutor. Who within DoJ created the warrant and ordered the FBI to move forward???
This is the exact same way the FEDS were able to attempt to use the files of Michael Cohen vs President Trump.
Not being a lawyer, so I don’t know the answer to this, but how does one word a warrant authorizing the intercept of a single phone call that captures crime/fraud?
The reporting on this suggests a single phone recording. How would they know which phone call between an attorney and client would be the right phone call?
Unless of course they have a single recording left over from multiple calls intercepted over a range of time.
I get the impression someone in the FBI again lied to someone else to obtain such authorization.
Unless of course they used their usual M.O. of spying on everyone using the NSA database, and are reconstructing whatever they need to make things look somewhat legal.
Scumbag Andrew Weissmann abused the heck out of the crime-fraud exception. He used it to cheat his way to convictions. The dirty trick he pulled on Manafort was sickening.
Crime-fraud exception is something that needs to be reconsidered IMHO.
Is that kind of like when Comey conspired with a lawyer to violate the law and now we’re told he can’t be prosecuted because he hired his co-conspirator as his lawyer?
So what is this?
Stockholm Syndrome?
Well said, Sundance.
I’m exhausted. I get the sunlight aspect of all this. If laws were broken there must be accountability. Sunlight today cannot be undone by darkness tomorrow.
https://nitter.poast.org/TheLastRefuge2/status/2027494876854583341#m
Reading through Sundance’s post, I am struck, yet again, by how very differently I think, in comparison to at least 95% of the people around me.
There is a reason that Mark 10:18 is one of my favorite verses…the rich young ruler has come to ask Jesus how he may inherit eternal life, and in an obvious attempt to flatter the Master he calls him “Good Teacher” and before He answers, Jesus asks him one devastatingly simple question (which is often completely overlooked)
“Why do you call Me good?” Jesus replied. “No one is good except God alone.”
I do not think I am cynical, so much as that I am a realist – so many people are under the illusion that they, themselves, are “pretty good” people and that they are able to accurately judge those they know as to determine how “good” they are…But I harbor no such illusions and instead, pretty much expect everyone I meet to behave in the ways that the Bible warns me that they will. (Including myself if I do take EVERY thought captive!)
“The heart is deceitful above all things, and desperately wicked: who can know it?” Jeremiah 17:9
“We all like sheep have gone astray, each one has turned to his own way; and the LORD has laid upon Him the iniquity of us all.” Isaiah 53:6
“As the Scriptures say, “No one is righteous— not even one.” Romans 3:10
I could go on and on but I’m sure everyone understands my point!
All of the “reformers” (including Patel and Bongino, both of whom I thought had some idea of what they were being asked to do) are immediately caught up in the corruption, the Swamp, the perks, and the parties, and then they are useless and flaying, because they actually thought they were “better” people than that AND they had no idea just how bad most of the other people in DC actually are!!
Remind me please, whom did Biden pardon again? Weren’t Merrick and Garland on that list? There were so many I can’t remember. Well 10 fib down….only 3000+ to go.
Whoever made that statement has zero awareness of the fine Judge Boasberg.
The fact that this has been going on for at least the past 60+ years. The fact that employees of government have aligned themselves with the political interests and goals of one particular political party. The fact that this criminal behavior has been an open secret in in ALL of government. The fact that not one single person is in prison for these criminal acts. The fact that this is an intergenerational organized criminal oligarchy engaged in RICO Act violations with impunity to all, and without consequence, lets me further know that the slow drip, drip, drip of these types of stories is nothing more than a distraction. There will be no arrests, prosecutions and convictions. It ain’t gonna happen.
Call me a cynic, but I feel the same way. All of this will result in a big, pearl-clutching nothing-burger. Just like all the other revelations they’ve announced.