Wednesday, February 7, 2018

Andrew Napolitano Calls Out FISA Court Charade

By Adam Dick - February 07, 2018 at 02:25PM

There is plenty of reason to think that regular United States courts too readily allow surveilling people and searching their homes and property. But, in the US court authorized by the Foreign Intelligence Surveillance Act (FISA), there is not even a pretense of observing Fourth Amendment restraints. The result is what many Americans who demanded a Bill of Rights be adopted in the early days of the United States sought to prevent from arising in America — routine, sweeping judicial decrees for invading people’s privacy based on little or no credible reason to suspect the people committed criminal acts.

In a Monday interview at Fox Business, legal scholar and former New Jersey state Judge Andrew Napolitano called out the FISA court for its extreme flaunting of constitutional restraints. Presenting a scenario where he is woken in the middle of the night by a call from the courthouse regarding an urgent warrant request that the state police are waiting in the lobby of his building to discuss with him, Napolitano illustrates the difference between the process to obtain a FISA court warrant and the process he employed as a judge. Napolitano explains.
And they come into my living room, and we spend an hour going through what they have and how they can demonstrate to me that I should sign a piece of paper letting them break down somebody’s door at three in the morning in order to get evidence. It’s a give and take and a give and take, and I am satisfied that it is more likely than not that behind that door is evidence of a serious crime. The court has to go through that kind of give and take, give and take, give and take when they come to you with an emergency application for a warrant.

If the court blithely accepts what the government gives, it’s as much the court’s fault as the government. If the government knows that the court grants 99.9 percent of all warrants requested, which is an unbelievable number — a number never heard of in my career, then the government’s going to get lazy and sloppy, because they are going to walk in there saying 'we’re going to get this thing, we always do.'
Watch Napolitano’s complete interview here:



The super-accommodative approach of the FISA court also opens the door to easily obtaining permission to search and surveil in order to fish for evidence of a criminal act to pin on someone, for information helpful in advancing an individual or company’s financial gain, for information the potential disclosure of which can be held over an individual to exert influence on him, or for information that can be leaked to the media for purposes including influencing an election, a congressional vote, or the confirmation decision on a presidential nominee.

While the FISA court’s activities are secret, the court did admit in 2013 that it had, during its several decades in existence, approved over 99.9 percent of the US government’s surveillance requests.

Napolitano is a member of the Ron Paul Institute Advisory Board.

from Ron Paul Institute Peace and Prosperity Articles

via IFTTT

>

No comments:

Post a Comment

Merchandise

Ron Paul America Cloud

Site Credits

Ron Paul America

is voluntarily affiliated with

Liberty Operations Group

______________________________

Site created, maintained and hosted by

Liberty Web Services

Tags

#TurnOnTheTruth 2008 2012 4th amendment 911 ACTION Afghanistan war Agency Aggression Principle al-Qaeda Alan Colmes Alert America America's Fault Americans antigun AR 15 assault weapon Audit Authoritarian bailouts Believe Big Brother big government bill of rights Blame blowback bubbles Bush Campaign for Liberty Career Politician Eric Cantor Central Bank Charity China churches collapse Collectivism Commission committee Compassion Congress Conservative constitution Crash dangerous person Democrat Democrats Donald Trump Donald Trump. Planned Parenthood drones economic Economy Edward Snowden End the Fed European Union Federal Reserve Floyd Bayne floyd bayne for congress force foreign interventionism free market free markets GOP Nominee GOP Presidential Debates Government Great Depression gun control House of Representatives housing bubble HR 1745 I like Ron Paul except on foreign policy If ye love wealth better than liberty IFTTT Individual Individualism Institute Irag Iran Iraq war ISIL ISIS Judge Andrew Napalitano libertarian Liberty Liberty Letters Liberty Report Lost mass Media meltdown metadata Micheal Moore Middle East Mitt Romney nap National Neocons New Ron Paul Ad New York Times Newsletters Newt Gingrich No Non non-interventionism NSA NSA Snooping Obama Overreach overthrow Patriot Act peace Peace and Prosperity politicians Pope Francis President Presidential Presidential Race programs prosperity Race Racist Racist Newsletters Rand Paul Read the Bills Act recessions redistribution of wealth refugee crisis Repeal Obamacare Report Republican Republican Nomination Republican Nominee Republicans Revolution Rick Santorum Rick Santorum Exposed Ron Ron Paul Ron Paul Institute Ron Paul Institute Featured Articles Ron Paul Institute for Peace And Prosperity Ron Paul Institute Peace and Prosperity Articles Ron Paul Next Chapter Media Channel Ron Paul Racist Newsletters ron paul's foreign policy Ronald Reagan ronpaulchannel.com ronpaulinstitute.org Rosa DeLauro russia Samuel Adams Saudi Arabia Second Amendment Security Senate Senator September 11th attacks Show Soviet Spying stimulate Stock Market surveillance Syria tech bubble terrorist The the Fed the poor US US foreign policy Us troops USA Freedom Act Virginia Virginia Republican Primary voluntarism. Liberty Voluntary Warner Warning warrantless wiretaps YouTube