Reauthorizing FISA and Strange Bedfellows

(National Archives via AP)

I’ve been writing an awful lot lately about the Irish and the onrushing totalitarianism of the government there.

We’ve got our own insidious version of lawless Big Brother here. It’s called the Foreign Intelligence Surveillance Act (FISA), but it’s got the vaguest schmear of constitutional protections supposedly wiped on top, even though they’ve proven to be no protection at all from those willing to ignore them.

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Which Merrick’s merry men certainly qualify for considering how they’ve loosey-gooseyed, and massaged every aspect of the mechanisms meant to protect Americans from unlawful intrusions and surveillance. They’ve used lies and omissions to receive permission from courts to wander warrant-free, and snoop at will into Americans’ formerly private lives for the flimsiest of excuses.

Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

The FISA is up for renewal, and most conservatives are vocal in their objection to it receiving reauthorization.

Rep Andy Biggs had a laundry list of egregious FBI transgressions he rattled off.

Senator Mike Lee has been a fierce and vocal opponent.

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Republicans are united in that FISA reauthorization needs to finally stand on its own – NOT be attached as a rider or tucked into a larger bill and passed along with it. The extremely serious constitutional abuses have been too many and too shocking in many cases for this abomination not to be exposed and debated on the floor of the House.

53 congressmen sent a letter to House Speaker Mike Johnson opposing even an extension without the chance to openly debate FISA.

What is pretty remarkable about the whole evolution is who is also speaking out against FISA along with those determined to let it die the ignominious death it deserves. Not just the Lees, Roys, and Biggs you would expect, but other names – progressive names – are joining the fervent anti-FISA chorus, and promising an epic dogfight over renewing the act.

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Wowsahs.

Seriously – whoda thunk it? Jayapal even as much as calls out FBI director Wray for being a liar.

Rep. Pramila Jayapal, D-Wash., the chair of the Congressional Progressive Caucus, grilled FBI Director Christopher Wray on Wednesday concerning the bureau’s collection of American citizens’ personal data.

During the exchange, which took place during Wray’s appearance before the House Judiciary Committee, Jayapal warned that the FBI could face a “very difficult” process to reauthorize the Foreign Intelligence Surveillance Act (FISA) if the bureau couldn’t ensure Americans’ privacy is being protected.

“I do want to focus on some areas of concern around Americans’ civil liberties that I have had long-standing concerns about,” Jayapal told Wray as she began her questioning. The congresswoman noted testimony he gave the Senate Intelligence Committee in March that the FBI doesn’t currently purchase commercial data on U.S. citizens, but also referenced a declassified report from the Office of the Director of National Intelligence (ODNI) that said the opposite.

She took Wray to school on purchasing data and SCOTUS decisions about 4th Amendment violations.

…Jayapal went on to question Wray about any written policies the FBI might have to outline “how it can purchase and use commercially available information,” but Wray insisted his response would be part of the same briefing he offered in his previous answer.

Jayapal cited a Supreme Court case that found it was “a violation of the Fourth Amendment for the government to access historical location data without a warrant,” and said she would follow up with Wray on whether the FBI had a written policy on how it interprets that decision.

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In fact, she was so thorough and so completely on point that committee chair Rep Jim Jordan gave her the bi-partisan thumbs up for her questioning.

…Rep. Jim Jordan, R-Ohio, chairman of the House Judiciary Committee, thanked Jayapal for her questioning, calling it “well said.”

It’s not often Wray gets tag-teamed by a conservative and a progressive. He must have wondered what hit him.

Jayapal was also a signatory of the letter sent to Speaker Johnson as were a number of other well-known Democrats. The language in their individual statements was really strong and pretty unambiguous.

…“The privacy of Americans should be of the utmost importance to our government, and yet, we have seen too many examples of unchecked, warrantless surveillance of Americans,” said Rep. Pramila Jayapal. “An overhaul is necessary to protect Americans’ Fourth Amendment rights and their sensitive, personal data. Section 702 reauthorization should be subject to strong scrutiny and debate and cannot be included in larger, must-pass legislation. Congress must work to stop the government from warrantlessly spying on Americans.”

“Under no circumstance should Congress fully reauthorize Section 702 of FISA as an attachment to the NDAA,” said Rep. Warren Davidson. “Under Section 702, U.S. Intelligence agencies conduct mass warrantless surveillance on American citizens and a clean reauthorization or extension only continues this abuse. Congress must allow opportunity for open debate, amendments, and reform prior to any reauthorization of this legislation.”

“I’ve said it before, and I’ll say it again: it would be unwise and dangerous for Members of Congress to greenlight another major surveillance reauthorization without carefully considering and enacting robust reforms. That includes through the NDAA process,” said Rep. Zoe Lofgren. “Section 702 of FISA has strayed from its original foreign anti-terrorism intent, leading to a situation where the government is searching Americans’ private communications—such as internet activity, phone records, texts, and more—without obtaining warrants. It is possible and necessary for Congress to both preserve national security and curb surveillance abuse. By enacting the Government Surveillance Reform Act and not sneakily providing a short-term extension for programs that law enforcement agencies admit bypass the Fourth Amendment, Congress can protect Americans’ civil liberties.”

“The intelligence community is attacking our Fourth Amendment privacy rights. Rogue actors continue to abuse FISA Section 702 to improperly spy on American citizens, and it is far past time for the practice to come to an end. The Fourth Amendment guarantees Americans a reasonable expectation of privacy, and the government should never be given the opportunity to skirt the supreme Law of the Land. Reauthorization of this spying authority cannot be tied to a massive piece of ‘must-pass’ legislation like the NDAA. This would be an affront to the American people—who have voiced their strong disapproval of Section 702—and to the integrity of the legislative process. The Judiciary Committee is on the cusp of marking up a standalone FISA reform bill and I urge my colleagues to support its reforms. I am thankful for Rep. Davidson and Rep. Lofgren’s leadership on this important issue,” said Rep. Andy Biggs.

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How they’d vote is something different, but this is really a refreshing start.

Get this unconstitutional instrument of surveillance all by its loneself out on the House floor, let debate expose it for the abomination it is, and then put it down permanently, never to rise again, like the rabid dog it is.

Anyone who has a hand in doing so, the more the better.

A shred of faith restored is still a shred restored.

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