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

 

 

Published on Dec 17, 2013

” 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.

  The surveillance will continue for now, since the ruling was immediately stayed pending further appeals.

  Judge Andrew Napolitano, a vocal critic of the NSA, weighed in this morning 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, he 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,” said Napolitano.

  He called it “startling” that the NSA wasn’t able to show Leon instances where phone surveillance stopped a suspected terror plot.

” It’s mystifying as to why they wouldn’t have told them about one,” said Napolitano, adding that up to this point the government’s main argument is that the NSA surveillance helps keep Americans safe.

  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.”