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Judge Napolitano On NSA Ruling: “NSA Couldn’t Even Prove Its Phone Surveillance Stopped An Attack”

The NSA could not or chose not to demonstrate that these collections helped keep the country safe.

Controlling the Herd

Judge Napolitano On NSA Ruling: “NSA Couldn’t Even Prove Its Phone Surveillance Stopped An Attack”



safe

A federal judge ruled that the NSA’s mass collection of Americans’ phone records is likely unconstitutional.

Appeals Court Judge Richard Leon called the NSA surveillance “almost Orwellian,” saying that Founding Father James Madison would be “aghast” at the NSA’s “indiscriminate” invasion of Americans’ privacy.

Judge Andrew Napolitano, a vocal critic of the NSA, weighed in on Fox and Friends, telling Elisabeth Hasselbeck that judges on the FISA court have overstepped in granting permission to the NSA to collect these vast amounts of data.

The NSA also could not or chose not to demonstrate that these collections helped keep the country safe. Judge Napolitano explained:

“Not only is this unconstitutional because it violates the Fourth Amendment. Not only is this wrong because it permits the government to listen to all phone calls and keep copies of them forever, but there isn’t even any evidence that it works.”

Napolitano said that the government’s main argument is that surveillance helps keep Americans safe, but the NSA wasn’t able to show Leon any cases where phone surveillance stopped a terror plot:

“It’s mystifying as to why they wouldn’t have told them about one.”

The NSA will not have to change its tactics unless a higher court upholds Leon’s ruling. Napolitano believes the case will eventually be decided by the Supreme Court. The surveillance will continue for now, since the ruling was immediately stayed pending further appeals.

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