My latest piece at Hot Air looks at the FISA reauthorization bill the House Rules Committee is scheduled to discuss on Tuesday. It’s not a pretty picture. Here’s an excerpt:
The rules would allow the National Security Agency to restart collecting messages Americans send to foreign intelligence targets barely a year after ending the practice. The bill is promising lip-service to the Fourth Amendment by saying “The Attorney General, in consultation with the Director of National Intelligence, shall adopt querying procedures consistent with the requirements of the fourth amendment to the Constitution of the United States for information collected pursuant to an authorization…” but CATO Institute policy analyst Patrick G. Eddington called the language complete make-believe.
“It’s meaningless because the AG and DNI are allowed to make up the rules and decide what the phrase “consistent with” means vis a vis the 4th Amendment,” the former CIA analyst told me. “If it isn’t one person/one warrant/probable cause only standard, it’s a sham.”
The Fourth Amendment is the key part of the Constitution which proclaims the federal government cannot violate the “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” and warrants can’t be issued without “probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
The rest can be read here.