James Comey’s contradiction

Today I watched FBI director James Comey testify in front of the House permanent select committee on intelligence and something in particular stuck out to me. He said that there was a counter intelligence investigation in regards to Trump and his campaign colluding with Russia but also said there was no surveillance of Trump. I worked in intelligence for 10 years and both of those things can’t possibly happen at the same time. How are you investigating ties between Trump’s campaign and Russians without reviewing communications, finances, emails and other instances that would prove these ties?
Another point I would like to make is how every Republican wanted to make the point that the national security apparatus may have violated the 4th amendment and Democrats wanted to find out who they could punish for reveiling how corrupt Hillary is.

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