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

Conservative operative and provocateur Roger StoneRoger Jason StoneJudge orders Roger Stone to file rebuttal to allegation he violated gag order Federal prosecutors allege Roger Stone violated gag order with Instagram posts House panel subpoenas Flynn, Gates 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 DurhamJustice gives Congress new details on 'spying' probe GOP takes aim at Comey, Brennan Comey: Trump peddling 'dumb lies' MORE, Senate Judiciary Chairman Lindsey GrahamLindsey Olin GrahamBooker calls for hearings on reports of ICE using solitary confinement GOP lays debate trap for 2020 Democrats Overnight Defense: Trump says he doesn't need exit strategy with Iran | McConnell open to vote on Iran war authorization | Senate panel advances bill to restrict emergency arms sales MORE (R-S.C.), and ranking House Intelligence Committee member Devin NunesDevin Gerald NunesGOP consultant sued by Nunes asks for help paying legal costs Hillicon Valley: Hacker group targeted electric grid | House Democrats press CBP over facial recognition program | Senators offer bill to protect health data | Groups file FCC complaint over carriers' use of location data Lawmakers grapple with deepfake threat at hearing 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 ManafortREAD: Hannity, Manafort messages released by judge Manafort, Hannity talk Trump, Mueller in previously undisclosed messages FBI, warned early and often that Manafort file might be fake, used it anyway 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 BarrWilliam Pelham BarrThe Hill's 12:30 Report: Anticipation high ahead of first debate Attorney General Barr plays bagpipes at conference The Hill's Morning Report - Democratic debates: Miami nice or spice? 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) Swan MuellerTop Republican considered Mueller subpoena to box in Democrats Kamala Harris says her Justice Dept would have 'no choice' but to prosecute Trump for obstruction Dem committees win new powers to investigate Trump MORE's team including allegedly making false statements to Congress, tampering with a witness and obstructing a government investigation.