FISA and Freedom

Source: Judge Napolitano
by Andrew P Napolitano

“[I]f federal agents suspect you are a drug dealer and have probable cause of crime to present to a judge, the judge may sign a search warrant enabling the feds to listen to your conversations and monitor your text messages and emails. That’s ordinary law enforcement, and that’s pursuant to the Fourth Amendment to the Constitution. But if the feds don’t know who you are, but know that you live in a community that has folks who think differently than they do about national security, they can go to the FISA Court and present probable cause — not of crime but of a likelihood of someone communicating with foreign persons — and that court … will issue the same search warrant …. This is all consistent with FISA but, because it directly violates the Fourth Amendment, it is profoundly unconstitutional.” (05/24/23)