Andrew Napolitano Exposes FISA Court Charade

There is plenty of reason to think that regular United States courts too readily allow surveilling people and searching their homes and property. But, in the US court authorized by the Foreign Intelligence Surveillance Act (FISA), there is not even a pretense of observing Fourth Amendment restraints.

The result is what many Americans who demanded a Bill of Rights be adopted in the early days of the United States sought to prevent from arising in America — routine, sweeping judicial decrees for invading people’s privacy based on little or no credible reason to suspect the people committed criminal acts.

In a Monday interview at Fox Business, legal scholar and former New Jersey state Judge Andrew Napolitano called out the FISA court for its extreme flaunting of constitutional restraints. Presenting a scenario where he is woken in the middle of the night by a call from the courthouse regarding an urgent warrant request that the state police are waiting in the lobby of his building to discuss with him, Napolitano illustrates the difference between the process to obtain a FISA court warrant and the process he employed as a judge. Napolitano explains.

More