FBI agent Peter Strzok "would have been deeply involved" in obtaining the FISA application that was obtained to conduct surveillance on President Donald Trump's former adviser Carter Page, National Review contributing editor Andy McCarthy said Wednesday.
"A FISA application, any wiretap application, even one on just a criminal wiretap is a collaborative process," McCarthy told Fox News' "America's Newsroom."
"Often the agent whose name is given as the agent is the one who knows the least about the process, which doesn't mean he doesn't know anything."
McCarthy also discussed the Supreme Court rulings that have been handed down this week, in particular the ruling that Trump's travel ban order was constitutional.
"As a strict legal matter it should have been a slam dunk case because you are dealing in a situation where the president is at the height of his constitutional authority, because we're talking about foreign elements trying to ingress into the United States," said McCarthy. "Plus he is also acting on a sweeping statutory warrant from Congress...the immigration law gives the president enormous power to restrict the entry of classes of immigrants into the united States. So combining those two things, the president is really acting at the top of his powers."
The rulings also show that Trump's Supreme Court nominee, Justice Neil Gorsuch, has been a critical factor in the court, and he would not be there if Trump was not elected, said McCarthy.
"For all of the dissidents on the right regarding President Trump, if Hillary Clinton was elected president, either Merrill Garland is in that seat or an even more left wing lawyer is in that seat and these decisions go the other way," said McCarthy.
The ruling also vindicates the presidency more than it does Trump, said McCarthy.
"These are powers of the presidency whoever is the president," he said. "But from President Trump's perspective, the very disturbing thing about the federal judiciary since he has become president they have tried to install the jurisprudence of Trump. Somehow because he is a unique president is not entitled to all the prerogatives and legal privileges that other presidents have and I think the court has given that the back of the hand. "
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