Tag: FISA

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Fourth Amendment rights general freedom privacy

GOP Fails on FISA

FISA, surveillance, privacy

“The House appears ready to reauthorize FISA 702 — which has been abused literally hundreds of thousands of times to spy on Americans without a warrant — without requiring the government to get a warrant,” tweeted Sen. Mike Lee (R – Utah) on X last weekend.

“The U.S. government uses the Foreign Intelligence Surveillance Act to spy on Americans without a warrant,” Rep. Thomas Massie (R – Ky.) seconded, also on X. “This week, the House will vote to require the Feds to get a warrant to snoop on Americans. Sadly this vote is likely to fail. I will demand a recorded vote & post results.”

The “sadly” indicates that the Republicans in Congress are split, despite years of complaining about how the FISA courts treated Trump … and us. (A common complaint has been that the courts almost never say No to a FISA request from the Deep State.) 

The Electronic Freedom Foundation explains the nitty-​gritty of Section 702: “As the law is written, the intelligence community cannot use Section 702 programs to target Americans, who are protected by the Fourth Amendment’s prohibition on unreasonable searches and seizures. But the law gives the intelligence community space to target foreign intelligence in ways that inherently and intentionally sweep in Americans’ communications.”

So while de jure the Deep State is disallowed from peering into our digital data, de facto our paid government snoops do it all the time. 

Rep. Massie seeks to add a warrant process to FISA requests, but it looks like his amendment will fail. In that case, Massie urges Republicans not to re-​authorize the whole FISA program.

But that effort will probably fail, too.

Our representatives are just not that into the Fourth Amendment.

This is Common Sense. I’m Paul Jacob.

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Smoke But No Gun

meme, FBI, F.B.I., Clinton, election, Trump, crime, cover up, House Intelligence Committee, FISA

The Republican memo soaking up so much attention paints an ugly picture of a republic gone off the rails — but it should not be mistaken for The Facts.

We have smoke, sure. And the smoke can be seen, not unreasonably, as a sign of … a vast insider conspiracy.

But we have only second-​hand information; the “smoking gun” has yet to be presented.

The House Intelligence Committee Report memo relates to the behavior of the FBI and its use of a dossier prepared by a former British intelligence officer, Christopher Steele. This operative was hired by Fusion GPS, a political research firm, which was under contract first with a conservative website, The Washington Free Beacon, and then with the Democratic National Committee and the Hillary Clinton for President campaign. His assignment was to research an alleged connection between Trump and the Russian government.

Steele dug up some interesting stuff, which would have been more persuasive had not some of it been obviously fabricated (I’m thinking of the infamous Russian prostitution story). The dossier got into the hands of the FBI by a circuitous route* and was used, says the memo, to get FISA warrants to electronically surveil a Trump campaign operative, Carter Page. Tellingly, the FBI never told the FISA court the specific origin of the dossier.

To get to the truth, we need more — the FISA warrants themselves, at the very least. 

There may be a proverbial smoking gun somewhere in this mess. The missing-​then-​discovered text messages of two partisan FBI agents do suggest a conspiratorial mindset.

That being said, let’s not jump to conclusions. Alan Dershowitz is right: a non-​partisan investigation is necessary.

This is Common Sense. I’m Paul Jacob.

 

* Including Sen. John McCain!

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