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Roger Stone considers suing to discover if he was spied on by FBI

Conservative operative and provocateur Roger StoneRoger Jason StoneWashington braces for unpredictable post-election period Like it or not, a Trump self-pardon may be coming soon This election is headed to the courts, but Democrats have lawyers too MORE is considering suing the federal government to determine if he was the subject of an FBI surveillance effort on the Trump campaign, his attorney wrote in letters to U.S. officials and lawmakers exclusively obtained by Hill.TV.

Stone's attorney leveled the threat in letters to U.S. Attorney John DurhamJohn DurhamHaspel not in attendance at latest Trump intelligence briefing: reports Esper firing hints at broader post-election shake-up The biggest election losers: Political media and pollsters MORE, Senate Judiciary Chairman Lindsey GrahamLindsey Olin GrahamSpokesperson says Tennessee Democrat made 'poor analogy' in saying South Carolina voters have extra chromosome Former Graham challenger Jaime Harrison launches political action committee The Hill's Morning Report - Presented by the UAE Embassy in Washington, DC - Trump OKs transition; Biden taps Treasury, State experience MORE (R-S.C.), and ranking House Intelligence Committee member Devin NunesDevin Gerald NunesOvernight Defense: Trump loyalist to lead Pentagon transition | Democrats ask VA for vaccine distribution plan | Biden to get classified intel reports Ex-Nunes aide linked to Biden conspiracy theories will lead Pentagon transition Sunday shows preview: Biden transition, COVID-19 spike in spotlight MORE (R-Calif.).

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"We have strong reason to believe that Mr. Stone was among three advisors to candidate Trump who was under surveillance by the FBI during the 2016 presidential campaign," Stone's attorney Paul Jensen wrote in the May 20 letter. 

Jensen wrote in the letter he based the charges against the FBI on a New York Times front page story from January 20, 2017 titled "Wiretapped Data Used in Inquiry of Trump Aides." The story describes how the FBI was reviewing intercepted communications between associates of Trump and the Russian government. It specifically mentions Stone, former Trump campaign chairman Paul ManafortPaul John ManafortHow to combat Putin's financial aggression Like it or not, a Trump self-pardon may be coming soon DOJ veteran says he's quitting over Barr's 'slavish obedience' to Trump MORE, and former Trump advisor Carter Page as targets of the investigation.

"Having exhausted our administrative remedies we are now contemplating a tort lawsuit as a means to force the government to disclose the facts in this serious matter and to determine if Mr. Stone's 4th amendment rights were violated," Jensen's letter continues, also calling on Trump to fulfill a promise to declassify troves of FBI and DOJ documents relating to the investigation of his 2016 campaign. 

Stone provided no evidence to substantiate his claim, though his inclusion of U.S. Attorney Durham is noteworthy. Durham was appointed by Attorney General William BarrBill BarrTrump tells allies he plans to pardon Michael Flynn: report Merrick Garland on list to be Biden's attorney general: report DOJ dropping charges against ex-Mexican defense minister MORE to investigate possible FBI impropriety during the 2016 presidential campaign. 

Stone is currently awaiting trial on seven counts brought by special counsel Robert MuellerRobert (Bob) MuellerCNN's Toobin warns McCabe is in 'perilous condition' with emboldened Trump CNN anchor rips Trump over Stone while evoking Clinton-Lynch tarmac meeting The Hill's 12:30 Report: New Hampshire fallout MORE's team including allegedly making false statements to Congress, tampering with a witness and obstructing a government investigation.