Judge Andrew Napolitano: If the GOP memo is as advertised…
…we’ll see the deep state at its most frightening.
I have argued for a few weeks now that House Intelligence Committee members have committed misconduct in office by concealing evidence of spying abuses by the National Security Agency and the FBI. They did this by sitting on a four-page memo that summarizes the abuse of raw intelligence data while Congress was debating a massive expansion of FISA.
FISA is the Foreign Intelligence Surveillance Act of 1978, which was written to enable the federal government to spy on foreign agents here and abroad. Using absurd and paranoid logic, the secret Foreign Intelligence Surveillance Court, which only hears the government’s lawyers, has morphed “foreign intelligence surveillance” into undifferentiated bulk surveillance of all Americans.
Undifferentiated bulk surveillance is the governmental acquisition of fiber-optic data stored and transmitted by nearly everyone in America. This includes all telephone conversations, text messages and emails, as well as all medical, legal and financial records.
Ignorant of the hot potato on which the House Intelligence Committee had been sitting, Congress recently passed and President Donald Trump signed a vast expansion of spying authorities — an expansion that authorizes legislatively the domestic spying that judges were authorizing on everyone in the U.S. without individual suspicion of wrongdoing or probable cause of crime; an expansion that passed in the Senate with no votes to spare; an expansion that evades and avoids the Fourth Amendment; an expansion that the president signed into law the day before we all learned of the House Intelligence Committee memo.
The FISA expansion would never have passed the Senate had the House Intelligence Committee memo and the data on which it is based come to light seven days sooner than it did. Why should 22 members of a House committee keep their 500-plus congressional colleagues in the dark about domestic spying abuses while those colleagues were debating the very subject matter of domestic spying and voting to expand the power of those who have abused it?
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