What’s Wrong With FISA?

Congress enacted the Foreign Intelligence Surveillance Act in 1978 in response to the unlawful surveillance of Americans by the FBI and the CIA during the Watergate era. President Richard Nixon – who famously quipped after leaving office that "when the president does it, that means that it is not illegal" – used the FBI and … Continue reading “What’s Wrong With FISA?”

Don’t Smile for the Camera

A trial in Great Britain has just concluded with potentially dangerous implications for personal freedom here. Great Britain is currently the most watched country in the Western world – watched, that is, by its own police forces. In London alone, the police have erected more than 420,000 surveillance cameras in public places. That amounts to … Continue reading “Don’t Smile for the Camera”

Giving Government Permanent Authority To Spy on Everyone in America

While most of us have been thinking about the end of summer and while the political class frets over the Democratic presidential debates and the aborted visit of two members of Congress to Israel, the Trump administration has quietly moved to extend and make permanent the government’s authority to spy on all persons in America. … Continue reading “Giving Government Permanent Authority To Spy on Everyone in America”

In Defense of Trump With Putin

As a trial judge in New Jersey during the Ronald Reagan and George H.W. Bush years, I spent much of my time trying to settle cases. This process involved bringing into my chambers the lawyers for the disputants and asking them in the absence of their adversaries to lay their cards on the table. After … Continue reading “In Defense of Trump With Putin”

War and the Separation of Powers

A popular way to begin the first day of class in constitutional law in many American law schools is to ask the students what sets the U.S. Constitution apart from all others. Usually, they answer that it’s the clauses that guarantee the freedom of speech, privacy and due process. Yes, each of those guarantees – … Continue reading “War and the Separation of Powers”

What Is Robert Mueller Looking For?

Robert Mueller is the special counsel appointed by Deputy Attorney General Rod Rosenstein in May 2017 to probe the nature and extent of Russian interference in the 2016 presidential campaign. The investigation began in October 2016 under President Barack Obama when the FBI took seriously the boast of Carter Page, one of candidate Donald Trump’s … Continue reading “What Is Robert Mueller Looking For?”

March Madness, Washington-Style

For the past few days, the nation’s media and political class have been fixated on the firing of the No. 2 person in the FBI, Deputy Director Andrew McCabe. McCabe became embroiled in the investigation of President Donald Trump because of his alleged approval of the use of a political dossier, written about Trump and … Continue reading “March Madness, Washington-Style”

A Million Dollars a Minute

Imagine you open the faucet of your kitchen sink expecting water and instead out comes cash. Now imagine that it comes out at the rate of $1 million a minute. You call your plumber, who thinks you’re crazy. To get you off the phone, he opines that it is your sink and therefore must be … Continue reading “A Million Dollars a Minute”

It Can Happen Here

We remain embroiled in a debate over the nature and extent of our own government’s spying on us. The Foreign Intelligence Surveillance Act, which was enacted in 1978 as a response to the unlawful government spying of the Watergate era, was a lawful means for the government to engage in foreign surveillance on U.S. soil, … Continue reading “It Can Happen Here”

Lying, Spying, and Hiding

I have argued for a few weeks now that House Intelligence Committee members have committed misconduct in office by concealing evidence of spying abuses by the National Security Agency and the FBI. They did this by sitting on a four-page memo that summarizes the abuse of raw intelligence data while Congress was debating a massive … Continue reading “Lying, Spying, and Hiding”