Source: Antiwar.com
by Andrew P Napolitano
“In 2008, Congress added Section 702 to FISA permitting warrantless surveillance of foreign persons who communicate with Americans. The FISA court interpreted 702 to permit warrantless surveillance of Americans to whom foreign persons had spoken, out to the sixth degree. Thus, if you call or email a hotel in Rome to book a room, you are subject to warrantless surveillance under 702. If you call your mom, she is subject. If she calls her sister, your aunt is subject to warrantless surveillance, and so forth to the sixth degree. Behold the monstrosity that FISA has wrought. Can the data gathered by this warrantless surveillance be used by the FBI for prosecution purposes, as an end run around the Fourth Amendment? Congress said yes. That’s the American heresy, as it directly defies the history, values and plain meaning of the Fourth Amendment.” (04/16/26)
https://original.antiwar.com/andrew-p-napolitano/2026/04/15/american-heresy