How do you "incidentally" spy on someone? Of course they "incidentally" heard him-they were spying on these people to begin with because of their desire to smear him.
Have you ever heard of the
PRISM program? Incidentally spying on someone is very easy these days! Since the NSA has broad collection authority over internet communications going to and coming from overseas and Trump has a large international business operation, it would be odd if his data was not incidentally collected. And even before that, it is almost 100% certain his data would have been collected during the Bush Administration when ALL data going overseas was collected. According to the NSA, collecting this data and even storing it would be perfectly reasonable and only "incidental." One of the big long-term legal issues with their programs is their contention that its perfectly fine to
collect and store incidental communications, just as long as they don't
read them without a court order. No hostile intent to Trump necessary.
