Amid Ongoing Fight FISA Will Lapse – McConnell Hopes to Assemble Vote Next Week, But Trump May Veto…

The House Rules Committee previously released the text of proposed changes to FISA (full pdf).  The “deal” is intended to reauthorize the FISA “business records provision”, the “roving wiretap” provision, the “lone wolf” provision, and the more controversial bulk metadata provisions [Call Detail Records (CDR)], all parts of the Patriot Act.  However, key Senators and President Trump say not enough being done to change it.

The current FISA authorities expire on March 15th; it looks like they will lapse as Mitch McConnell tries to regroup for a possible vote next week.  McConnell was forced to delay consideration past the expiration date after Senators Mike Lee (R), Rand Paul (R) and  Ron Wyden  (D) said they would object.

WASHINGTON DC – President Trump told Sen. Mike Lee (R-Utah) on Thursday that he does not support a House-passed surveillance bill— raising fresh questions about the fate of the legislation.

A spokesman for Lee confirmed the conversation and that the president told the Utah Republican that he does not support the House legislation. Officials speaking for the White House did not immediately respond to a request for comment.

Lee and Sen. Rand Paul (R-Ky.) have been working to kill the House bill, including urging Trump to veto it if it reaches his desk, over concerns that it does not go far enough to reform the court associated with the Freedom Intelligence Surveillance Act (FISA). (read more)

The House legislation, negotiated by House Speaker Nancy Pelosi and Republican leader Kevin McCarthy, supports the requests of AG Bill Barr and would renew several provisions the FBI claims vital to fighting terrorism.

The House legislation updates the three expiring surveillance provisions, including one that permits the FBI to obtain secret court orders to collect “business records” on subjects in national security investigations. The main purpose of this section is researching Foreign Agent Registration Act (FARA) violations. Using the FISA process for anyone suspected of FARA violations is a bucket of deep state horse-poo. It’s essentially an excuse for surveillance of anyone in DC.

Another provision, known as the “roving wiretap” provision, permits surveillance on subjects even after they’ve changed phones. So long as the subjects are “foreign” that’s no big deal. However, if the account owner of the phone is an American…. well, you can see the problem. Again, more sketchy stuff from the DOJ.

The third provision “lone wolf” allows agents to monitor subjects who don’t have ties to international terrorism organizations. This is where any American can be suspected, accused, and with no oversight have secret surveillance authorized by the secret court. The surveillance is retroactive; meaning the warrant allows the DOJ/FBI to find evidence to support the application for the warrant.  Sketchy.

I find myself in alignment with Rand Paul who says the laws should be changed so that *ONLY* foreigners can be targeted by FISA, and for all investigative issues involving Americans the DOJ/FBI should be forced to go to a traditional Title-3 Court to ask for a search warrant or surveillance. This approach is a more reasonable assurance for Fourth Amendment protection.

(Via Associated Press) […] Republicans had been aggressively seeking changes to the law since the Justice Department’s investigation into Trump’s campaign and Russia, while many Democrats already had concerns about government surveillance.

At the behest of those Republicans, the House compromise takes aim at some of the missteps the Justice Department has acknowledged making during the Russia investigation. Applications under the Foreign Intelligence Surveillance Act to eavesdrop on a former Trump campaign aide were riddled with omissions and missteps, according to an inspector general report.

The measure would require that officers responsible for FISA applications certify that the department has been advised of any information that could undercut or contradict the premise of the surveillance. In the Russia investigation, some of the information the FBI omitted from its applications cut against the idea that former Trump adviser Carter Page was a Russian agent, the watchdog found.

Page has denied that and was never charged with wrongdoing.

The bill also would institute criminal penalties and other sanctions for making false statements to the secretive Foreign Intelligence Surveillance Court, which issues warrants to the FBI to eavesdrop on people it has probable cause to believe are agents of a foreign power. It would require the attorney general to approve in writing of an investigation if the target of the surveillance is a federal candidate or official.

Attorney General William Barr was involved in the negotiations with the White House and Congress, and he said Wednesday that he supports the bill.

“It is of the utmost important that the Department’s attorneys and investigators always work in a manner consistent with the highest professional standards, and this overall package will help ensure the integrity of the FISA process and protect against future abuses going forward,” Barr said.

But Barr’s support does not guarantee that Trump is on board. The president kept Congress guessing with a Thursday tweet that did not indicate how he would act. (more)


This entry was posted in 4th Amendment, AG Bill Barr, Big Government, Big Stupid Government, Conspiracy ?, Decepticons, Deep State, Donald Trump, Election 2020, FBI, IG Report FISA Abuse, Legislation, media bias, Mitch McConnell, Nancy Pelosi, Notorious Liars, NSA, President Trump, Professional Idiots, propaganda, Spygate, Spying, THE BIG UGLY, Uncategorized. Bookmark the permalink.

207 Responses to Amid Ongoing Fight FISA Will Lapse – McConnell Hopes to Assemble Vote Next Week, But Trump May Veto…

  1. John-Y128 says:

    After all the shock about Pelosi’s add-ons to the Coronavirus bill, watch McConnell fold the FISA renewal into the CV bill, so PT can’t veto it.

    Liked by 3 people

    • Roger Duroid says:

      But mcturtle will be wrong. PDJT will veto it and if he has to go on nationwide tv again

      Liked by 3 people

      • bayouwh0 says:

        “It is of the utmost important that the Department’s attorneys and investigators always work in a manner consistent with the highest professional standards” AG Barr stated.
        This bill does not guarantee human behavior, therefore it must change to regulate processes.


        • Bob Parker says:

          Note to AG (FU)BAR(R),
          You hang Kevin Kleinsmith by the balls (figuratively speaking of course) for falsifying evidence. You indict & throw that bastard Kleinsmith into jail for a nice, long time, & we the People will consider your request/recommendation on FISA.

          Continue to nothing, & suffer the consequences.

          Liked by 3 people

      • Spooky says:

        “PDJT will veto it ”

        Hate to disappoint you but no he probably won’t. The only vetoes he has issued in nearly 4 years involve 5 joint resolutions. If he did veto a FISA+Wuhan Virus bill he would be pilloried by the Lamestream Media relentlessly. In an election year that would be a very politically risky thing to do. As usual China Mitch and the globalist cabal have Trump over a barrel and he will likely cave on FISA renewal if it is attached to anything important. Trump is not Superman, he has to deal with the fact that the swamp is still firmly in control of our government.

        Liked by 1 person

      • John-Y128 says:

        Baloney, he already signed FISA re-authorization in 2018 saying “I wish it was a permanent bill”, thankfully it expires in 2023.


    • Bevis says:

      I do not believe he can do that. The issues must be germane to each other for them to be folded together in a bill.


    • john boy says:

      Trump better blow it up, to hell with it, I’d rather live in squalor and nothingness than a police state that is just flippantly continued.


  2. scrap1ron says:

    American’s 4th Amendment rights are not negotiable or for sale. Kill it, Mr. President.

    Liked by 6 people

  3. LWGII says:

    Do you think for a minute that expiration of FISA will stop them? If 85% of the 16 and 17 queries were illegal, why should they care that there is no law. There was no law that they abided by anyway.

    Liked by 4 people

    • pyrthroes says:

      This is Juvenal’s “quis custodiet” conundrum– who will guard the guards? The Founders’ brilliant solution was to codify a system of Executive, Legislative, and Judicial “checks and balances” turning inevitably self-aggrandizing “governors” against themselves.

      The problem is that 18th Century exemplars had no experience with a metastasizing Deep State’s administrative/regulatory Fourth Branch (John Adams’ Secretary of State employed three clerks), thereby neglecting all consideration of a subreptive clerisy, mandarinate, nomenclatura. Following Pres. Garfield’s assassination by a crazed office-seeker, Pres. Arthur signed Congress’s remedial Pendleton Act of 1883, abolishing Jackson’s buccaneering “spoils system” by rendering irresponsible, unaccountable Civil Service personnel virtually laws unto themselves.

      Unless one purposefully aims for Deep State despotism, such matters of behavioral principle transcend doctrinaire political oeuvres. Alas, since Wilson’s time “progressive” (read, infantile regressive) Ratski demagogues have embraced dirigiste collectivist/Statism root-and-branch. Either 2020 voters sense this threat to lives and livelihoods, their personal as well political well-being, and act accordingly, or Franklin’s American Experiment will go the way of Nineveh and Tyre.

      Liked by 1 person

      • IGiveUp says:

        Yeah, well no duh. This is about the billionth time someone said this is our last chance. Our situation is existential. Why do you think so much emphasis on Barr, and whether Trump truly gets it, and how dangerous the Senate Republicans are, and how the totalitarian forces on the left are arrayed against freedom of the individual?

        Our problem is profound. Most people don’t know we’re at war. Even if they did, we’re not guaranteed to win. Those who think Trump winning re-election solves the problem are fooling themselves. Our problem is that nobody on our side will use the heavy guns.

        Remember folks, the more powerful side will win this battle. It’s simply how it works.

        Liked by 1 person

    • William H Gilkerson says:

      Letting it expire suits me.


      • 1nikao says:

        Expiration doesn’t make it stop.
        FISC doesn’t close.
        FBI doesn’t suddenly start honoring the Constitution.
        DOJ doesn’t start prosecuting government criminals.
        Firing criminals doesn’t make them upstanding citizens.
        This secret criminal court needs to be eliminated.
        McConnel better play this right.

        Liked by 2 people

  4. lewfarge48 says:

    I think we are at this point:

    “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. — That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”

    Liked by 2 people

    • lewfarge48 says:

      just for clarity, Not President Trump – just the rest of the pond scum that we call the legislature, the bureaucracy and the in-justice system.

      Liked by 1 person

    • Tim Cunningham says:

      Why not ask those Beaurocrats, Senators and Congresspeople who want unreformed FISA that they’ll get our support with one change. They must themselves surrender their fourth amendment rights and agree to be surveilled with all results available to the public on inquiry.


  5. Cocoon says:

    Barr needs to understand until there is accountability and those harmed by previous FBI/DOJ/FBI Contractors are made aware of this intrusion on their Rights, there is no Trust in the FBI or DOJ.
    No accountability means no surveilling Americans thru FISA.

    Liked by 9 people

    • flyboy46 says:


      Liked by 1 person

    • 1nikao says:

      Is it possible that Barr is a Bush coconspirator?
      If so, how does that protect him? How is he to prosecute crimes for things which he may have been guilty of?
      He may be a “great legal mind,” but when a man plays politics their whole lives, they ALWAYS owe someone.


    • RobInPA says:

      Oh, I am pretty sure that Barr surely understands this perfectly well, the novel and quaint idea of accountability and equal justice, yada yada yada, “you know, the thing”, but until he proves himself otherwise, and his inaction at this point pretty much proves that he IS nothing more than another anti-American bucket of scum swamp-rat sellout, he is not gonna do diddly squat about holding the criminals accountable.

      Liked by 1 person

  6. TwoLaine says:

    VETO. VETO. VETO. The world does not end if this is vetoed until all unconstitutional and illegal aspects are removed. Fix it and try again.

    All of the dirty cops can still go to a regular Judge and ask for surveillance of anyone they want, foreign or domestic, just like they always have. They just have to prove there is a predicate.

    Liked by 3 people

  7. TwoLaine says:

    “How to Fix Justice” by Sidney Powell at Hillsdale College.

    Liked by 4 people

  8. StanH says:

    I trust President Trump. Veto it sir and throw this abomination back into the swamp rats lap. The 4th Amendment must be restored!

    Liked by 6 people

  9. AIM says:

    I’m confused. Aren’t there ALREADY criminal penalties for misleading the FISA court?? This whole thing is BS.


    • IGiveUp says:

      Oh we have plenty of laws. We just don’t do the order part any more.

      Liked by 1 person

      • The root-cause problems in the concept of the FISC are two-fold:

        (1) The Court hears only from the Government, and is required to assume that they are telling the truth.

        (2) There is no “devil’s advocate” arguing the other side, nor challenging the Government presentation.

        The architectural problem is therefore that it becomes “a kangaroo court.” A way for the President to completely escape accountability which properly ought to be only his.

        There’s no way to salvage this flawed concept. There’s no way to make it work as intended. We’ve got to go back to what we had: the President executes a classified, but written order that will be entered into the classified National Archives. And he remains singularly responsible for it. “The Buck Stops.”

        Someone in the late 1970’s thought this was better. It wasn’t.

        Liked by 1 person

        • P.S.: Also, the “hop” principle means that thousands and possibly tens of thousands are also surveilled through supposed “guilt by association,” but there is no search warrant mentioning them. Much of this came from PATRIOT, which must also be replaced.

          It’s all “blatantly unconstitutional” but for a time we decided that “national security” trumped the Fourth Amendment. It does not. The concepts articulated in that single sentence, just like the Second, are vital to our national security. Today we are extremely insecurebecause of these laws! They backfired.

          Liked by 3 people

    • 1nikao says:

      Apparently not. The FISC has, be action/inaction, condoned criminal police state actions. They are complicit in the continued criminal behavior.


    • 1nikao says:

      Apparently not. The FISC has, be action/inaction, condoned criminal police state actions. They are complicit in the continued criminal behavior.


    • 1nikao says:

      Apparently not. The FISC has, be action/inaction, condoned criminal police state actions. They are complicit in the continued criminal behavior.


    • 1nikao says:

      Apparently not. The FISC has, be action/inaction, condoned criminal police state actions. They are complicit in the continued criminal behavior.


  10. tominellay says:

    I think Rand Paul’s thinking is prudent.

    Liked by 2 people

  11. TradeBait says:

    Rand Paul has this one nailed and we need to pay attention. Thank you, sundance, for consistently bringing it on this. Death to FISA and to Pelosi’s pork, baby killer bill.

    Time for the veto as needed, PDT. Bigly on this one.

    Liked by 1 person

    • OhNoYouDont says:

      TheLastRefuge@TheLastRefuge2 – Feb 27

      Thank you Rand Paul. Share-Share-Share RT-RT-RT We all need to join in unity to push back on this in the next ten days – Senator Paul Outlines FISA Reform Needs.

      Liked by 1 person

  12. OhNoYouDont says:

    ‘It’s deja vu all over again’: Yogi Berra (May 12, 1925 – September 22, 2015)

    USA FREEDOM Act of 2015
    USA FREEDOM reauthorization Act of 2020

    May 21, 2015 – After 10 hours and 30 minutes, Sen. Rand Paul relinquished the Senate floor late Wednesday night, ending his “filibuster” over National Security Agency surveillance programs authorized under the Patriot Act.

    Paul, R-Kentucky, ran through several binders of material over the course of his marathon protest, and also got some help from 10 fellow senators — three Republicans and seven Democrats.

    Sens. Ron Wyden, D-Oregon, and Mike Lee, R-Utah, were the biggest boons to Paul’s efforts, joining Paul on the Senate floor several times to give the Kentucky Republican a chance to catch his breath — and often grab a sip of water and pop a candy in his mouth. And one of Paul’s rivals for the Republican presidential nomination, Sen. Ted Cruz of Texas, also ended up helping Paul’s efforts late in the night.

    Rand Paul wraps 10-hour ‘filibuster’ over NSA surveillance program
    Updated 7:31 AM ET, Thu May 21, 2015 By Jeremy Diamond, CNN


  13. “Bad law! No biscuit!”

    FISA (like PATRIOT) is not a law that can be “patched.” It must be re-imagined.

    When a late 1970’s Congress was “horrified” at what Tricky Dick had been doing to the occupants of a suite at the Watergate Hotel, they decided that a “court” would be better than singular Presidential responsibility. How very wrong they turned out to be. What actually happened was to remove accountability altogether, and “when the cat’s away …”

    FISA should be repealed and the farce that’s called the FISC should be disbanded. PATRIOT should be repealed also. To the extent that we still require surveillance power and therefore the law to regulate it, entirely new law is required … law that does not seek to circumvent the Fourth Amendment!

    “The Fourth,” like “The Second,” is a single sentence that is stuffed with wisdom. The two sentences taken together define a policy for National Security and National Defense that is simply brilliant because it articulates that a nation consists of its citizens, living in their homes. Our new laws concerning “search and seizure” must be grounded in that principle … must willingly embrace it.

    Well-intentioned though our existing laws may or may not have been, their actual effect was to create national(!) insecurity that did not exist before they came. We must learn from our mistakes, not re-authorize them.

    Liked by 1 person

  14. hokkoda says:

    We should let the law expire, wait 30 days, and then audit the IC to see if they obeyed the law and discontinued spying on American citizens.

    Even if FISA is not renewed, even if it is “reformed”, there is *absolutely no evidence* that the United States Government can be trusted with this technology. There is no way that those people running “about queries” believed that what they were doing was legal. There is no way that James Comey, Brennan, Clapper, Rice, or anyone else involved believed that what they were doing vs. Trump was legal. They’ll try to fall back on the famous Hillary Clinton email defense. When asked if she had been authorized to set up her illegal system, she replied in a nationally televised debate, “It was in no way disallowed.”

    Which, for the Clinton-savvy, is her saying she did not have authorization. Because she didn’t ask, and if you don’t ask, they can’t tell you “no”. This is the basic loophole through which a lot of crimes were perpetrated against Pres. Trump, his staff, innocent Americans, etc.

    Liked by 2 people

  15. As a man thinkth says:

    When we speak of FISA, do not dignify this process as Law. The FISA concept was turned into a deadly Game from inception. In fact, the very concept of SPYING on American citizens is repugnant. POLITICAL blackmail and insider trading information are simply chump change derived from the system that collects data on everyone then hires subcontractors to steal this data…Yes, this criminal enterprise is overseen by the chief justice of the Supreme court. The justice that we have witnessed is:l Lack of candor, no intent and no prosecutions….

    Liked by 2 people

  16. When FISA was enacted, surveillance consisted of tape recorders. When PATRIOT appeared, we still didn’t have the “uber-surveillance” powers that we do today. The now-documented abuses that apparently saturated the Obama Administration were undisclosed.

    “Well, now, here we are.” We didn’t know then, but we do know now. And we must respond appropriately to what we do know now. These laws must not stand, because they are having the opposite effect from what they were intended to do. We can’t stick our heads in the sand about something that genuinely threatens our national security. We have to repeal these laws, put our thinking-caps on, learn from experience and write new ones. Better ones.

    Liked by 2 people

    • As a man thinkth says:

      Mike, while I agree with the general basis of your comment, the overwhelming failure of FISA is a racialized management problem that exist with or without laws.Corrupt bureaucrats, organized with strategic objectives charted to maneuver within the system while allowing for deniability. The FISA administration is the heart of the swamp…it is the dirty cop that runs DC…


      • I think that both PATRIOT and FISA have been abused, in what should have been very-foreseeable ways. And that, therefore, we need to confront this head-on and bring back rules that avoid “deniability.” We can’t get rid of corrupt bureaucrats but we can learn from what they did to all of us. These people took full advantage of a system that gave them access to unfathomable powers which they apparently just used obsessively … just because they could. Just because there was no law or legal principle preventing it.

        So … we force the issue. FISA renewal doesn’t happen: the law must be changed. To spy on someone you must convince either the President or the judge of an ordinary Court who issues an ordinary Search Warrant … “upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

        Yes, you can implement a practical and manageable surveillance program which respects and upholds the principles set forth in the Fourth Amendment. And, if you do so, the resulting system will be much less of a danger to our national security. (What we have today is very dangerous, indeed.)

        Liked by 1 person

  17. As a man thinkth says:

    Mike, while I agree with the general basis of your comment, the overwhelming failure of FISA is a racialized management problem that exist with or without laws.Corrupt bureaucrats, organized with strategic objectives charted to maneuver within the system while allowing for deniability. The FISA administration is the heart of the swamp…it is the dirty cop that runs DC…

    Liked by 1 person

  18. This is exactly why Kevin McCarthy should not be Speaker of the House when the Repubs win back control. Deep State actor

    Liked by 1 person

  19. OhNoYouDont says:

    All Actions H.R.6172 — 116th Congress (2019-2020)

    03/12/2020 Senate
    Cloture motion on the motion to proceed to the measure presented in Senate. (CR S1735)

    03/12/2020 Senate
    Motion to proceed to consideration of measure made in Senate. (CR S1735)

    03/12/2020 Senate
    Read the second time.
    Placed on Senate Legislative Calendar under General Orders. Calendar No. 440.

    03/11/2020 Senate
    Received in the Senate. Read the first time.
    Placed on Senate Legislative Calendar under Read the First Time.

    Congressional Record Vol. 166, No. 48 (Senate – March 12, 2020)

    [Page S1735]
    From the Congressional Record Online through the Government Publishing Office []

    Ms. MURKOWSKI. Mr. President, I ask unanimous consent that it be in order to proceed to Calendar No. 440, H.R. 6172.

    The PRESIDING OFFICER. Is there objection? Without objection, it is so ordered.

    Ms. MURKOWSKI. Mr. President, I move to proceed to Calendar No. 440, H.R. 6172.

    The PRESIDING OFFICER. The clerk will report the bill by title. The senior assistant legislative clerk read as follows:

    Motion to proceed to Calendar No. 440, H.R. 6172, a bill to amend the Foreign Intelligence Surveillance Act of 1978 to prohibit the production of certain business records, and for other purposes.
    Cloture Motion

    Ms. MURKOWSKI. I send a cloture motion to the desk for the motion to

    The PRESIDING OFFICER. The cloture motion having been presented under rule XXII, the Chair directs the clerk to read the motion. The senior assistant legislative clerk read as follows:

    Cloture Motion

    We, the undersigned Senators, in accordance with the provisions of rule XXII of the Standing Rules of the Senate, do hereby move to bring to a close debate on the motion to proceed to Calendar No. 440, H.R. 6172, a bill to amend the Foreign Intelligence Surveillance Act of 1978 to prohibit the production of certain business records, and for other purposes.

    Mitch McConnell, Thom Tillis, Marco Rubio, Pat Roberts, Tom Cotton, Roger F. Wicker, Deb Fischer, John Thune, Shelley Moore Capito, Lamar Alexander, Richard Burr, Tim Scott, Mitt Romney, Roy Blunt, Bill Cassidy, James E. Risch, Ben Sasse.

    Ms. MURKOWSKI. I ask unanimous consent that the mandatory quorum call be waived.

    The PRESIDING OFFICER. Without objection, it is so ordered.

    Liked by 2 people

  20. OhNoYouDont says:

    The sunset provision of the “USA FREEDOM Act of 2015” will expire on March 15, 2020 without the reauthorization invoked.

    The next Senate business day is March 16, 2020.
    H.R.6172, USA Freedom Reauthorization Act of 2020, is on the calendar.

    March 12, 2020 05:55 PM
    The Senate stands adjourned until 3:00pm on Monday, March 16, 2020.

    Following Leader remarks, the Senate will resume consideration of the motion to proceed to Calendar #440, H.R.6172, USA Freedom Reauthorization Act of 2020.

    During Thursday’s session, cloture was filed on the motion to proceed to H.R.6172.

    At 5:30pm, the Senate will vote on the motion to invoke cloture on the motion to proceed to H.R.6172.
    Monday, March 16th at 5:30pm – 1 roll call vote:

    1. Motion to invoke cloture on the motion to proceed to Calendar #440, H.R.6172, USA Freedom Reauthorization Act of 2020.


  21. 335blues says:

    Why the hesitation?
    This crap bill is the product of the democrat controlled
    house rules committee, and of course,
    liars McConnell and McCarthy are backing it.
    There is only one reasonable and logical path,
    VETO THE BILL if it comes before you.
    There is NOTHING in the bill that will prevent another coup attempt.
    And, I believe we should dump
    and ask Sidney Powell to assume the AG position.

    Liked by 3 people

  22. john edward lorenz says:

    You are all aware that if the POTUS vetoes this bill the calls will go up from the deep state/swamp pukes via the goerbbels-pravda media that this POTUS has no concern for our security because of past russian ties. This is when the POTUS should release whatever he has and to reemphasize what the IC’s report reaslly said. Those docs and their information has been in Barr’s/Durham’s hands for long enough to help their probes. Get the data out now!!!!


    • I think that it would be highly irresponsible for the President to “release whatever he has.” He placed that authority very specifically in the hands of Barr and he did so for a reason … which probably has to do with grand juries. (Which none of us would be allowed to know anything about.) Trump made that assignment and he should stick to it.

      As for vetoing, I think that if this bill comes to his desk he definitely should veto it. While the text makes superficial nods at reforms, all of which are needed, it still preserves the essential concept of a “FISA Court.” In my opinion, it is this very concept … which is a linchpin of the Act … which is irrecoverably defective. Don’t try to patch a bad idea: replace it. In the 1970’s someone thought in good faith that this was a grand idea … but it wasn’t.


  23. JCM800 says:

    Our Founding Fathers wanted the opposite of a Secret Star Chamber, filled with Black Robed Tyrants.

    “We become the Enemy,
    When Freedom dies for Security…

    What 4th Amendment?…that’s been gone for years. The Bill of Rights and the Constitution are what we say they are.

    And I watched it slip away
    And you watched slip away.
    And we watched it slip away.
    And no one took a stand.

    Liked by 1 person

    • Exactly. A strong, robust national security policy should embrace the Fourth, not run around it. It should very tightly regulate the concept of “hops,” forcing it to fall under regulatory control no matter what the underlying technology is or is not capable of.

      When both FISA and PATRIOT were first architected, we probably didn’t have the technical capacity that we saw ruinously abused just now. We didn’t know that we could be in the national danger that we are now in … and by “national danger” I don’t mean foreign spooks. I mean, these laws!


  24. JCM800 says:

    “All laws which are repugnant to the Constitution are null and void.” (Marbury vs. Madison, 1803.) “Every law consistent with the Constitution will have been made in pursuance of the powers granted by it. Every usurpation or law repugnant to it cannot have been made in pursuance of its powers.”

    “…the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void; and that courts, as well as other departments, are bound by that instrument.”
    ― John Marshall


    Liked by 1 person

    • We were not prepared to handle the surveillance powers we now have. We allowed FISA to remove the accountability that it was, perversely, enacted to enhance. We watched contractor minions walking out the door with gigabytes of data which the FISC knew nothing about. We watched a political campaign obsessing over its opponent for at least four if not eight years, doing things that made Nixon look like a patsy. We convinced ourselves that the way to national security was to eliminate the Fourth. What did we get? National insecurity!


  25. James P. Ryan says:

    I just finished emailing the POTUS to request that he veto this bill. The DOJ, the FBI, and the FISA court are broken. If the DOJ and FBI have to go to a Title 3 court to surveil Americans, at the very least, they will have less time to plot any more coups.

    Liked by 2 people

  26. shipley130 says:

    Oh Mitch, go ahead, stick that FISA renewal on President Trump’s desk…I dare ya.


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