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It Can Happen Here
Townhall.com ^ | February 8, 2018 | Judge Andrew Napolitano

Posted on 02/08/2018 7:54:45 AM PST by Kaslin

We remain embroiled in a debate over the nature and extent of our own government's spying on us. The Foreign Intelligence Surveillance Act, which was enacted in 1978 as a response to the unlawful government spying of the Watergate era, was a lawful means for the government to engage in foreign surveillance on U.S. soil, but it has morphed into unchecked government spying on ordinary Americans.

The journey that domestic spying has taken in 40 years has been one long steady march of massive increase in size and scope. The federal government now employs more than 60,000 people to spy on all Americans, including the White House, the Pentagon, the federal courts and one another. As well, the National Security Agency and the intelligence arm of the FBI have 24/7 access to the computers of all telecoms and computer service providers in the U.S. And certain politicians have access to whatever the NSA and the FBI possess.

Last week, we witnessed a new turn as politicians engaged in cherry-picking snippets from classified raw intelligence data that support their political cases -- pro-Trump and anti-Trump.

Raw intelligence data consists of digital versions of telephone conversations and copies of text messages, emails and other communications, as well as fiber-optic internet traffic (legal, medical and banking records, for example) and secret testimony and briefings intended only for the eyes and ears of those who possess a security clearance.

The surveillance state is now here.

The Republican members of the House Intelligence Committee fired the first salvo by releasing a memo derived from classified raw intelligence, which they claimed would show a conspiracy in the Obama Department of Justice, including the FBI, to spy on Donald Trump's campaign and pass along the fruits of that spying to the Democrats. The issue they chose to highlight is the DOJ application to a Foreign Intelligence Surveillance Court judge for surveillance on Carter Page, a former foreign policy adviser to candidate Trump who once boasted that he also advised the Kremlin.

The memo's authors wrote about intelligence data they did not personally see; they selectively extracted and purported to summarize raw intelligence data but quoted none of it verbatim; they intentionally sat on their conclusions that the feds regularly have abused FISA authorities throughout the congressional debate to expand FISA; and a principal drafter of the memo -- Rep. Trey Gowdy -- advises that the raw data he saw and the memo he wrote have nothing to do with special counsel Robert Mueller's investigation of the president.

The Republican memo also reveals that former MI6 agent Christopher Steele, the author of the dossier that accuses Trump of pre-presidential money laundering and grossly inappropriate personal behavior but has many parts that have not been publicly verified, was a "longtime FBI source," and a summary of his work was part of the DOJ's application for continued surveillance of Page.

That quoted phrase is today a major headache for the DOJ, as the American and British governments, which regularly share intelligence and occasionally spy for each other, have agreed not to recruit the services of each other's agents. But the FBI obviously recruited Steele. If Steele was an FBI asset while still a British spy -- if he was spying for the FBI and MI6 at the same time -- he may be exposed to a criminal prosecution in Britain.

The Democrats on the committee have written their own memo, which the committee voted unanimously to release. It will be up to the president to permit or bar its full or partial release. The Democrats claim that their memo will show that the DOJ was candid and truthful when it sought a FISA surveillance warrant on Page and that the application for the renewal included far more than Steele's tainted work.

Why should anyone care about these political games?

The loss of liberty rarely comes about overnight or in one stroke. In a democracy, that loss is normally a slow process, often pushed along by well-intentioned folks who do not even realize until it is too late that they have created a monster. FISA is a monster. It began as a means of surveilling foreign agents in the U.S., and today it is used for surveilling any American at any time.

If you call a bookstore in Florence from a telephone in New Jersey, the government's computers will be alerted. A federal agent will download the digital copy of your conversation, even though it was only about ordering a book. Then that communication may be used to justify surveillance of you whenever you talk to anyone else, in the U.S. or in any foreign country.

This is blatantly unconstitutional, and it is often fruitless. And we know it can happen to anyone.

The Supreme Court has ruled that electronic surveillance constitutes a search under the Fourth Amendment. That amendment prohibits warrantless searches and requires probable cause of crime as the sole trigger for judges to sign search warrants. FISA only requires probable cause relating to a foreign agent on one end of a phone call -- a far lower standard -- to trigger a warrant. The government has convinced the FISC that it should grant warrants based on probable cause of talking to someone who has ever spoken to a foreign person, whether an agent of a foreign government or an innocent foreign bookseller.

That judicially created standard is so far afield from the Fourth Amendment as to render it legally erroneous and profoundly unconstitutional. Yet the FISA expansion that the president signed into law last month -- after the debate during which House Intelligence Committee Republicans intentionally remained mute about their allegations of FISA abuses -- purports to make this Stasi-like level of surveillance lawful.

The political use of intelligence data makes the owner of the data a serious threat to personal liberty, and it renders his instruments monstrous.


TOPICS: Constitution/Conservatism; Culture/Society; Editorial; Government
KEYWORDS: 4tamendmentright; fisa; fisagate; judgenap; liberty; obamagate; surveillance; surveillancestate

1 posted on 02/08/2018 7:54:45 AM PST by Kaslin
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To: Kaslin

Fat Boy Kim would be envious...


2 posted on 02/08/2018 7:55:52 AM PST by Eric in the Ozarks (Baseball players, gangsters and musicians are remembered. But journalists are forgotten.)
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To: Kaslin
I know everyone has their panties in a twist because now it's their ox being gored, but the surveillance State has been here for a long time. So has lying to judges to get a warrant.
3 posted on 02/08/2018 8:02:30 AM PST by Wolfie
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To: Kaslin

Very articulate there Judge but late to the crime scene sir.

I notice you made no mention of the ‘Coup’ which is still in motion and its attendant treason and sedition.

Just say it Judge, just get used to saying the word ...

TREASON.


4 posted on 02/08/2018 8:11:31 AM PST by Hostage (Article V)
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To: Kaslin
It Can Happen Here

Poor title.

As the article points out, it is already here.


5 posted on 02/08/2018 8:32:51 AM PST by Vlad The Inhaler (The only trannie I want to see is a Muncie 4 Speed M-22 Rock Crusher)
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To: Kaslin
It's hard for me to keep up with all this (probably intentional by the Dems and their media), but why was Page under surveillance? I know the real reason (to spy on Trump), but what was the reason given to the FISA court?
6 posted on 02/08/2018 9:28:16 AM PST by jeffc (The U.S. media are our enemy)
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To: Vlad The Inhaler

*rme*


7 posted on 02/08/2018 9:35:39 AM PST by Kaslin (Politicians are not born; they are excreted -Civilibus nati sunt; sunt excernitur. (Cicero)
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To: Wolfie
"I know everyone has their panties in a twist because now it's their ox being gored, but the surveillance State has been here for a long time. So has lying to judges to get a warrant. "

No it hasn't. Not like this.

I'm not sure you understand the magnitude of what has happened and is continuing to happen.

The Federal Government conspired to fix the election of the leader of the Republic against the will of the people. The Federal Government has decided it knows who better to lead this nation than the people of the fifty states. That sir signals the end of the republic. It's not just bending a law here or there to get a warrant. If all who were involved in this coup, including Comey, Rosenstein, Page, Szrok, obama, hillary and not indicted and held accountable we will likely never have a real election again. That means we are no longer a self governing people. We are a totalitarian state.

8 posted on 02/08/2018 9:41:20 AM PST by precisionshootist
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To: Wolfie

yes, but this is all to effect a coup d’tat. That makes it treason. That’s what makes it so serious.


9 posted on 02/08/2018 9:45:13 AM PST by morphing libertarian (Build Kate's Wall)
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To: jeffc

He was set up as CEO of a company funded by intel actors and he met with Russians, and was paid by Russians for phony Oil/Gas investments and political management of sanctions. The Russians saw that he was not all that bright but they saw the money behind him and so decided to work with him.

He was an FBI agent, then when it served the rogue counterintel Hillary drones, he was declared as the highest level spy, more than the Rosenbergs, for the purpose of making him so ‘radioactive’ that FISA would grant permission to listen in on his every word and all those he met.

He was made a ‘Surveillance Rabbit’, a tool of the Get-Trump camp.

Listen to Lionel:

https://www.youtube.com/watch?v=5clauTfEqxc

Lionel is not only incredibly smart, he’s also very funny. After listening to him, you will have the full picture.


10 posted on 02/08/2018 10:21:40 AM PST by Hostage (Article V)
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To: Hostage
Lionel is not only incredibly smart, he’s also very funny. After listening to him, you will have the full picture.

He is, but he comes on live the same time as Rush, so I listen after he uploads the daily stream. Plus he apparently post as often as he gets the bug.

11 posted on 02/08/2018 5:53:08 PM PST by itsahoot (There will be division, as long as there is money to be divided.)
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To: Kaslin

Without publicity or fanfare, our supposed public servants quietly deleted the 4th Amendment to our Constitution.

And I’m regularly told at FR how an Article V Convention of the States is dangerous.


12 posted on 02/09/2018 12:34:51 AM PST by Jacquerie (ArticleVBlog.com)
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To: Hostage

It is curious that before “working with Trump” Page had worked with the FBI and Hillary...


13 posted on 02/09/2018 5:03:20 AM PST by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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To: wastoute

He failed his PhD qualifying exam in Poli Sci so he prostituted himself to whoever was willing to give him a job.

He became a tool if he wasn’t one to begin with.

He’s the type that should never be given a responsible position in the intel community. I don’t know what he would be useful for in intel work. His security clearance should never have been granted. He’s totally miscast, maybe better suited for a job at Home Depot or some such.


14 posted on 02/09/2018 5:25:21 AM PST by Hostage (Article V)
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To: Hostage

I cant help but wonder if Page didn’t get enough being the “tool” Hillary used to wiretap Trump didn’t set him up to spend the rest of his ice sitting on a beach in the Caymans sipping Pina Colladas. At least, he may think so. Our experience with Hillary may prove him correct but “the rest of his life” may turn out to be a lot less than he had hoped.


15 posted on 02/09/2018 5:39:19 AM PST by wastoute (Government cannot redistribute wealth. Government can only redistribute poverty.)
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