The House chose to extend their spy power grant to themselves rather than let it expire at the end of 2023, as it had been set to do. Congress had five years to either reform the legislation or decide to end it by simply doing nothing and letting it die a scheduled natural death. Nope. Evidently, a solid majority of our Representatives disagree with the 4th Amendment enough to vote to overrule it, again, at least when it’s coupled with spending $874,200,000,000 dollars on war.
The 2024 NDAA with the embedded Section 702 extension had passed the Senate 87-13 the previous day. The Senate and House wholeheartedly agree that the 4th Amendment doesn’t matter. As with the House, at least when it’s coupled with funding a trillion dollars for the military-industrial complex (read: campaign donations and retirement Board of Directors jobs), 87% of Senators relegated the Bill of Rights to the dustbin.
Don’t expect Biden’s handlers to suddenly remember the 4th Amendment and place his hand on the “veto” spot when they wake and dress him for the 2024 NDAA approval signing ceremony. The House sent it to Biden’s desk a week ago, but apparently, that isn’t enough time for his medical staff to prepare him to sign on the correct line. Earlier this year, the Biden administration “formally urged Congress to reauthorize” the 702 spy powers, so expect Biden to approve it as soon as he is able.
The Empire wants both $874B in war machine funding and their justification for spying on American citizens. Of course, Biden will sign. As would Trump, as would Nikki Haley, as would Ron DeSantis, as would… Both war and warrantless searches of American citizens have broad bipartisan support. Voting harder won’t fix this problem. Both are supported by legacy media and every FBI-approved White House candidate. “No matter who you vote for, you get John McCain” (Tom Woods).
For those wondering what would happen if Section 702 was separated from the trillion dollars in war funding, the House previously passed a Roll Call vote specifically on 702 in 2017. They voted in overwhelming numbers specifically to continue authorization for the Fed's warrantless searches of Americans. Those who remain hopeful the National Republican Party will restore limited government to our “republic” should note that in 2017 Republicans voted 226 to 6 to overrule the 4th Amendment.
There were only six Republican “nays” in the 2017 vote to continue Section 702, so I’ll uncover them. Thanks to Representatives Thomas Massie (of course, Massie voted nay), Justin Amash, Andy Biggs, Walter Beaman Jones, Tom McClintock, and Dana Rohrabacher. Good voting, sirs. You 3% represent me on this matter and likely the vast majority of citizens in your districts. It’s called “representation” in English, as opposed to what 97% of the Republican so-called “Representatives” did.FISA History
The Foreign Intelligence Surveillance Act of 1978 (FISA) covers surveillance and collection of “foreign intelligence” on US soil. FISA was originally enacted in 1978 because of privacy violations during the Nixon administration, signed into law by President Carter. FISA created the Foreign Intelligence Surveillance Court (FISC), referred to as the “FISA Court,” the secret court that rubber stamps essentially all “requests” for surveillanceEnacted to protect against the government’s secret spying on a political campaign in 1972 at the Watergate Hotel, FISA was then used for legal justification of the government’s secret spying on a political campaign in 2018 at the Trump International Hotel. That’s how DC rolls. They get a foot in the door with something that appears reasonable, then expand the power to get what they want. Let’s review how they granted themselves today’s power.
The FISA authority to spy on Americans has been expanded several times since 1978. A major upgrade to warrantless search power became possible with public sentiment in reaction to 9/11. The 2001 terrorist attacks provided a useful justification to DC, so they quickly added Section 215 to FISA. The “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act,” aka the “USA Patriot Act,” reduced remaining government concern about those pesky constitutional restrictions against spying on Americans.
The Patriot Act enhancements to FISA legislation allow the conducting of secret searches without showing probable cause and without providing notice of the search and seizure. Both are 4th Amendment violations. The Patriot Act FISA enhancements also violate the due process requirement of the 6th Amendment by infringing on the rights to a public trial, to confront witnesses, and “to be informed of the nature and cause of the accusation.”
Then in 2008, Section 702 was added to FISA to justify the ongoing Stellarwind warrantless spying program as part of the FISA Amendments Act of 2008. Domestic wiretapping by the NSA ordered by the Bush administration
without a warrant had been going on since at least 2002. In 2005 the Stellarwind program’s secret spying on Americans was uncovered. Washington, DC, did NOT react to public disclosure by stopping. They did the opposite, enacting Section 702. As Ron Paul pointed out, “Section 702 was ‘legalized’ … after it was revealed that Bush was using the National Security Agency to illegally spy on Americans.”
The latest “temporary extension” of 702 is just one more bucket of water thrown over the Niagara Falls of Washington, DC. This particular federal attack on liberty is not even noticeable by most people in the deluge we watch from 160 feet below as 6 million gallons per minute crash down upon us.
"The right of the people to be secure ... against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation.”
- 4th Amendment“Who Cares?”
- U.S. Congress (paraphrased)
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Americans watching Washington DC destroy the Bill of Rights
“Underneath Niagara Falls” by Ferdinand Richardt, 1862 |
Congress, including 97% of House Republicans in 2017, claim simply talking on the phone, texting, or emailing family, friends, and business contacts in Europe is reason enough to seize your communications. No warrant, no probable cause, no notification, no opportunity to confront witnesses needed. Who cares about that old parchment rag Congress passed in 1789?
As of 2014, the FISA court “rejected 11 applications and approved 33,942, modifying 504 applications” since its creation. That comes out to a warrantless search and seizure “request” success rate of 33,942/33,953 = 99.97%. While the government claimed the “high rate of approvals by the FISC is due to an intensive vetting process,” it is reasonable to conclude the secret court is simply a rubber stamp. I conclude it is a scam.
The FBI’s Position
Section 702 has often proved useful to the FBI. 702 was used by the FBI after the Jan. 6 guided tour of the Capital to “investigate” some folks the Capital Police let in the building, after the 2020 protests following the death of George Floyd, and when looking into campaign donors for political candidates, the FBI doesn’t want to win. Violating the Constitution is a critical need for the Agency, fundamental to their operation.The FBI is adamantly opposed to the 4th Amendment. “The right of the people to be secure in their persons, houses, papers, and effects” would be a serious problem for the FBI in the unlikely event Congress suddenly supported the right. No worries FBI, Congress has your back. Last week’s House vote to extend Section 702 avoided a de facto ban on warrantless searches, retaining an important power the FBI is “especially concerned” about losing.
“I am especially concerned about one frequently discussed proposal, which would require the government to obtain a warrant or court order from a judge before personnel could conduct a “U.S. personquery” of information previously obtained through the use of Section 702. A warrant requirement would amount to a de facto ban.”
October 31, 2023
