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Was it nsa that brought this to a judge? its most confusing at this particular time. and throwing out all these innuendos and things that arent confirmed just further complicates the issue for not only the investigative authorities, but for the american public, and thats ooh an important thing right now. eric: how about the attorney general at the time, loretta lynch. does she have to sign off on this? thats one of the processes where a fisa application goes. >> shes going to be aware of whats g...

You need to go to a judge. so here theoretically, theres a server in trump tower that may be connected or have information about two russian banks x this is all type of some sort of surveillance. so a federal judge, though, has to approve any fisa warrant or order to, you know, wiretap or surveil anything. so what is the process for that? wouldnt one say, well, thats a legal process and not, you know, a political one? >> first of all, eric, there has to be probable cause. what is the probable ca...

What confuses me right now, everything, is i dont -- eric, is i dont understand exactly who applied for the order to intercept the communication if one was applied for, and where it went. the indication is that the first time out of the box it was denied and the second time it was approved. who did it? what agency had the responsibility to do something like that? was it a law enforcement agency? was it somebody in the intelligencing agencies? -- intelligence agencies? and it has to go before a f...

Saying they have a lot of money pouring in from russia. so if you have a server in trump tower that the reports say somehow was connected to or communicating with banks, could this have nothing to do with politics? >> it certainly could, eric. its all conjecture at this point. you dont know. and a lot more information has to be available before, you know, somebody such as myself who has a little bit of experience in this, before we could make a judgment as to where this is coming from. but, yes,...

Pointing that out because you happen to be 99 years young, clearly -- you know what? i have to go, but tell me quickly your plan for your 100th birthday, sir. its coming up november 28th. >> im dependent on my children and grandchildren to help me celebrate that, and i dont know their plans yet. but my immediate plans for july are to enter the national outdoor championship races in baton rouge, louisiana, and i hope to do well there. i may meet my 92-year-old competitor in the 100 meters there. ...

♪ ♪ eric: so heres the tweet controversy of the day kicked off in a series from president trump from mar-a-lago this morning. one saying, quote: how low has president obama gone to tap my phones during the very sacred election process? this is nixon watergate, that or a sick guy. lets bring in bill gavin, former assistant director of fbi in new york. bill, always good to see you. first of all, what is your reaction to one president of the united states accusing his predecessor of wiretapping...

Everything, and i want to point out quickly that other reports say there has been so far no evidence, no evidence of collusion between the trump campaign and think russian officials, so quickly, bill, how do you think thisll play out? whats the next step? how does it end? >> i think the next step is to back up just a little bit and start doing the process the way it is traditionally done, the way its always done. if nobody has -- if theres no indicia other than, you know, a political motivation ...

Going to moscow, with them knowing michael flynn, the general sitting with, you know, vladimir putin at that rt dinner and this type of thing, are conversations enough? are visits enough? or do they need, as you say, hard evidence and e-mails of, lets say, financial transactions from russian banks if that indeed happened? mix all that in with maybe contracts or paul hanna fort, how do you get from that to like a criminal or intelligence investigation? >> there has to be a lot more information, e...

Legitimate law enforcement investigation? >> its just going to have to -- the tbi or whoever is responsible for this investigation, whether it be a senate committee or the fbi -- and thats whats confusing now. nobody knows whos on first base. this is an ab ott and costello thing. theyve got to start peeling the on onlayer by layer. -- onion layer by layer. its most confusing. eric: and you raised an interesting issue that we havent heard about a lot, a criminal issue. youve got a lot of, apparen...

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