Reining in Unwarranted Surveillance of Americans
Cato Podcast
Cato Institute
4.5 • 979 Ratings
🗓️ 13 May 2020
⏱️ 11 minutes
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Transcript
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| 0:00.0 | This is a Cator Special Podcast. I'm Caleb Brown. The screw-ups with regard to surveillance |
| 0:06.2 | of Trump campaign advisors have focused some rare attention on broad federal surveillance powers. |
| 0:12.4 | Much of that attention is aimed at how the most secretive court in America does its job. |
| 0:17.2 | Rand Paul is the junior US senator from Kentucky, he doesn't believe the foreign intelligence surveillance court can be made |
| 0:24.5 | constitutional but he's still offering changes to how it does its job. We spoke |
| 0:29.6 | today. For those who've been following it, there are substantial systemic problems with the way that the foreign intelligence surveillance court operates. |
| 0:38.0 | Some of those were highlighted by surveillance of political advisors to the Trump campaign in 2016. |
| 0:45.0 | What is the largest problem that you see in how |
| 0:49.2 | intelligence agencies are able to do their work? is problematic for the rights of Americans. |
| 0:56.0 | I don't think the Foreign Intelligence Surveillance Court is constitutional. |
| 1:00.0 | They work on a standard that is less than the constitutional standard. |
| 1:04.8 | So the Fourth Amendment says that you can get a warrant if you have a probable cause to believe |
| 1:10.4 | a crime has been committed or going to be committed. |
| 1:14.0 | This foreign intelligence court works on a standard that says, we have probable cause not of a crime |
| 1:19.1 | being committed, the probable cause that someone has an association with a foreign government. |
| 1:24.0 | So that's not in our Constitution and it's a lower standard than the Fourth Amendment. |
| 1:28.0 | So right now we're going through this debate in Washington. |
| 1:33.0 | How can we reform or make it less likely that the FISA court could be used to investigate a political campaign or a political person? |
| 1:41.0 | So some of the reforms are like having an amicus or a friend of the court that sort of argues kind of like you have a lawyer, but you don't have a real lawyer. |
| 1:49.0 | But it would still be done in secret. |
| 1:51.0 | So I don't think that any of the hatchwork reforms, although I may support some of them, I don't think any of them fix the situation. |
| 1:59.0 | I think the FISA court |
... |
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