Source: Judge Napolitano
by Andrew P Napolitano
“Last week, the Biden administration asked Congress to permit its agents to continue to spy on Americans without search warrants. The actual request was to re-authorize Section 702 of the Foreign Intelligence Surveillance Act of 1978. FISA requires warrants from the FISA Court for all domestic spying. Section 702 is a 2008 amendment to FISA. It expressly authorizes warrantless spying of foreign persons. The Supreme Court has characterized spying as surveillance and surveillance as a search under the Fourth Amendment. … Since FISA Court warrants — issued by a secret court in Washington, D.C. — are not based on probable cause of crime, and since Section 702 does away altogether with the warrant requirement when foreign persons are even peripherally involved, both FISA and its Section 702 are unconstitutional. Here is the backstory.” (03/09/23)