Part 4 focuses on the harm that FISA can, and has, caused. The example the author examines is the Moussaoui case. In that case, of course, FISA hindered action by the FBI that was necessary to protect the national security. In the Russia Hoax, on the other hand, the FISC showed itself, at a minimum, to be unable to stop lawless political spying. The relevant question with regard to the Russia Hoax and the Carter Page FISA is: If FISA were repealed, would the lack of FISA have the paradoxical effect of deterring FBI agents from ordering the unlawful spying on the Trump campaign. The argument is that without FISA in place to provide a figleaf of legality, the decision to conduct such would be squarely on the shoulders of every official who signed off on the order.
Unconstitutional FISA (5)
Unconstitutional FISA (5)
Unconstitutional FISA (5)
Part 4 focuses on the harm that FISA can, and has, caused. The example the author examines is the Moussaoui case. In that case, of course, FISA hindered action by the FBI that was necessary to protect the national security. In the Russia Hoax, on the other hand, the FISC showed itself, at a minimum, to be unable to stop lawless political spying. The relevant question with regard to the Russia Hoax and the Carter Page FISA is: If FISA were repealed, would the lack of FISA have the paradoxical effect of deterring FBI agents from ordering the unlawful spying on the Trump campaign. The argument is that without FISA in place to provide a figleaf of legality, the decision to conduct such would be squarely on the shoulders of every official who signed off on the order.