Fox News
Judge Andrew Napolitano on What’s Wrong with FISA
The Constitution requires probable cause of crime to be demonstrated to a judge before the judge can sign a search warrant. That was the law of the land until FISA came along. FISA set up the Foreign Intelligence Surveillance Court, and it authorized the judges on that court to issue search warrants based on a lower standard of probable cause.
Isn't that contrary to the Constitution? Yes, it is. But a challenge has never reached a non-FISC federal court because the government has never used evidence that it admits was obtained from a FISC warrant in a criminal case for fear that a federal court will invalidate the FISA standard.
It gets worse.
Because FISC meets in secret, and because only government lawyers appear before it, we have a dangerous recipe: Secrecy and no defense counsel produce tyranny. That combination has the standard for issuing search warrants sliding even further down the slope of tyranny and absurdity.
FISA established probable cause of foreign agency as the standard that government lawyers must meet. That morphed into probable cause of foreign personhood. That morphed into probable cause of speaking to a foreign person. And that morphed into probable cause of speaking to any person who has ever spoken to a foreign person. All of this happened in secret.
The Federalist -- Mollie Hemingway 1/12/20
Spy Court Picks FISA Abuse Denier to Tackle FISA ABUSE
The appointment of a former official who served as an apologist for the FBI signals that the court isn't particularly concerned about the civil liberty violations catalogued by Inspector General Michael Horowitz.
