In one area Donald Trump will have a tough time surpassing his predecessor: reducing Americans’ civil liberties, although he undoubtedly try. From Andrew P. Napolitano at lewrockwell.com:
On Jan. 3, outgoing Attorney General Loretta Lynch secretly signed an order directing the National Security Agency — America’s 60,000-person-strong domestic spying apparatus — to make available raw spying data to all other federal intelligence agencies, which then can pass it on to their counterparts in foreign countries and in the 50 states upon request. She did so, she claimed, for administrative convenience. Yet in doing this, she violated basic constitutional principles that were erected centuries ago to prevent just what she did.
Here is the back story.
In the aftermath of former President Richard Nixon’s abusive utilization of the FBI and CIA to spy on his domestic political opponents in the 1960s and ’70s — and after Nixon had resigned from office in the wake of all that — Congress passed the Foreign Intelligence Surveillance Act, which created a secret court that was charged with being the sole authority in America that can authorize domestic spying for non-law enforcement purposes.
The standard for a FISA court authorization was that the subject of the spying needed to be a foreign person in the United States who was an agent of a foreign power. It could be a foreign janitor in a foreign embassy, a foreign spy masquerading as a diplomat, even a foreign journalist working for a media outlet owned by a foreign government.
The American spies needed a search warrant from the FISA court. Contrary to the Constitution, the search warrant was given based not on the probable cause of crime but rather on probable cause of the status of the person as an agent of a foreign power. This slight change from “probable cause of crime” to “probable cause of foreign agency” began the slippery slope that brought us to Lynch’s terrible order of Jan. 3.
To continue reading: A Parting Shot at Personal Freedom
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