Does the FBI "spy?"

It's not spying if we do it.

Democratic staff counsel Valerie Shen tried to use her questioning of Priestap to put the spying issue to bed. “Does the FBI use spies?” she asked the assistant director for counterintelligence (who would be in a position to know).

“What do you mean?” Priestap responded. “I guess, what is your definition of a spy?”

“Good question,” said Shen. “What is your definition of a spy?”

Before Priestap answered, his lawyer, Mitch Ettinger, intervened. “Just one second,” he said. Then Ettinger – who was one of President Bill Clinton’s attorneys during the Paula Jones/Monica Lewinsky scandal – conferred with his client.

Back on the record, Priestap presented what smacks of pre-approved testimony: “I've not heard of nor have I referred to FBI personnel or the people we engage with as – meaning who are working in assistance to us – as spies. We do evidence and intelligence collection in furtherance of our investigations.”

Shen was happy with the answer, and so she asked Priestap to confirm it: “So in your experience the FBI doesn't use the term ‘spy’ in any of its investigative techniques?” Priestap assured her the word is never spoken by law-enforcement professionals – except, he said (wandering dangerously off-script), when referring to “foreign spies.”

“But in terms of one of its own techniques,” Shen said, determined to get Priestap back on track, “the FBI does not refer to one of its own techniques as spying?”

“That is correct, yes.”

“With that definition in mind, would the FBI internally ever describe themselves as spying on American citizens?”

“No.”

So there we have it with all the decisive logic of a Socratic dialogue: The FBI could not possibly have spied on the Trump campaign because bureau lingo includes neither the noun “spy” nor the verb “to spy.” Whatever informants may have been employed, whatever tools of surveillance may have been utilized, the FBI did not spy on the Trump campaign – didn’t spy by definition, as the bureau doesn’t use the term (except, of course, to describe the very same activities when undertaken by foreigners).

What’s telling about this line of questioning is that it inadvertently confirms Republican suspicions — and Attorney General Barr’s assertion. If House Democrats believed there had been no spying on the Trump campaign, they could have asked Priestap whether the FBI ever spies on Americans, given the common meaning of the verb “to spy.” They could have flat-out asked whether the FBI had spied on Trump World. Instead, Democratic counsel asked whether, given the FBI’s definition of spying, the bureau would “internally ever describe themselves as spying on American citizens.” It would seem that Democrats were every bit as convinced as Republicans that the FBI spied on Trump’s people.