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Developing: FBI Under Fire for “Widespread” Spying on Americans

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow
The Truth Network Radio
May 5, 2021 1:00 pm

Developing: FBI Under Fire for “Widespread” Spying on Americans

Sekulow Radio Show / Jay Sekulow & Jordan Sekulow

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May 5, 2021 1:00 pm

Developing right now, the FBI is under fire for the "widespread" surveillance of Americans. A declassified opinion from the United States Foreign Intelligence Surveillance Court states that the FBI "has been seriously and systematically abusing its warrantless electronic surveillance authority." Jay, Jordan, and the rest of the Sekulow team discuss the details of these violations of the civil liberties of American citizens.

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Developing now the under fire widespread surveillance of American citizens live from Washington DC line lines open for your questions right now. 1-800-684-3110 and your host is developed, recently released opinion that this is a opinion that was declassified from Intelligence Surveillance Ct., Italy, typically here that collect the Pfizer court.

This FBI has been seriously and systematically abusing its warrantless electronic surveillance authority focusing on American citizens.

Even though the provision of the law that they are utilizing to conduct the surveillance is the foreign intelligence surveillance act that's Pfizer in the section of that law. Let me just read it to you. It's very prebrief who was supposed to. Who was the FBI loud to surveilled or query under this program for intelligence surveillance act authorization, not with other now that was standing any other provision of law, the Atty. Gen., and the director of national intelligence may authorize jointly for a period of up to one year from the effective date of the authorization, the targeting of persons reasonably believed to be located one outside the United States to acquire foreign intelligence information submitted as part to see if we outside the US and it's about foreign intelligence information may not intentionally target any person of the time, not just to be a US citizen who was inside the US because when you're inside the US, you are then protected by the laws of the United States. The problem here is this is an ongoing and said it was in the courts word were systematic, widespread violations of the civil liberties of American citizens now working to get into the details on this and what they were actually doing what they were actually doing was using the 702 data for people that were signed up for instance for this. There's a specific group that's part of the FBI's Academy. They were using 702 database information from people that went to that is Latino bit was alone that like a background check does not like a background check. This is foreign intelligence information, but they shouldn't even be running them through that database. They have been warned on this Pfizer court has warned them on this that this court is one of them on this date, even in this court now that the subject is unique declassified says will still allow it would allow you to continue but you gotta fix it because of covert last year were going to proper oversight.

That's a scary statement coming from our governmental leaders that because of coded they could not supervise the foreign intelligence surveillance act applications by the Fisk were Harry, I've never heard of anything like that. My life, it's it is amazing and it raises a serious question or series of serious questions including whether or not the FBI can read a clearly written statute, whether or not they can read their own rules and their are a series of additional important questions. Did the FBI follow the law didn't follow its own procedures did the FBI target foreign nationals located outside of the United States did the FBI minimize the names of American citizens as required and did the acid only high actually entrap American citizens intentionally lays out the question, is the answer that is difficult. Yes, and they been warned by the Inspector General. They have been warned by the court but you know what's really on second year they did, they continue to do it anyway. This is the second year in a row that the FISA court has has admonished the FBI and like you said is especially damning in light of the fact that in 2019 Inspector General Horwitz pointed this out to begin with, and it is still continues to this day.

Jorgensen unbelievably a lot to get into here you were to write if you call the tip FBI there running it through the system. The person calling in the cognitive tip about a crime you do that there were to run using the system and its value and not just any system. The foreign intelligence database. Think about that as we go into a break yet will take your phone calls, 1-800-684-3110.

It touches on air we think should happen to the FBI, 1-800-684-3110. The challenges facing Americans are substantial time and or value freedom sword constitutional rights are under attack more important than ever to stand with the American Center for Law and Justice for decades ACLJ has been on the frontlines protecting your freedoms defending your rights in court in Congress to get in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do her work without your support, we remain committed to protecting your religious and constitutional freedoms event remains our top priority, especially now during these challenging times.

The American Center for Law and Justice is on your side, you're already a member.

Thank you, are not well this is the perfect time to stand with us. ACLJ.org where you can learn more about her life changing become a member today ACLJ only when a society can agree that the most vulnerable invoice is, is there any hope for that culture to survive.

And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called mission life will show you how you are personally support the publication includes a look at all major ACLJ pro-life cases were fighting for the rights of pro-life activist ramifications 40 years later Planned Parenthood's role in the end what Obama care means to discover the many ways your membership is empowering the right question free copy of mission life today online ACLJ/secularity your phone calls to 100 684-3110 you have again Congressman Jim Jordan Carson any big and that they are writing to the FBI director. It's it say this this date, November 2020 that the foreign intelligence surveillance Court reported the FBI violated the querying standard following a department of justice audit of the government's compliance with the section 702. That is the section again that allows the warrantless surveillance of not American citizens not on US soil that you last let me read the title of the act. By Jordan Punjab's call procedure for targeting certain persons outside the United States other than United States persons.

That's what it's that's what it's designed for. And now Jordan is explaining the day gone after civilians with this event after people have signed up for the academies that civilian academies they have gone after victims of crimes that report those crimes. The FBI they have been run them through this database into the targeting of Americans in using this query process was more pervasive than previous believed that the FBI official responsible for quote limited background investigations conducted over hundred. This is one official conduct over hundred 20 queries of section 702. Acquire data using names other identifiers of individuals requested to participate in an FBI citizens Academy so hundred 20 people who said I would participate in this FBI outreach program to American citizens were were run through the 702 query process like a foreign spy would be without a foreign spy who is on US soil. Still, this process should apply to of course not. But this is always multiplied people were born and overseas so not on US territory and they would do this one individual at the FBI raid 120 people's names to this database were American citizens who were volunteering to her to attend an FBI program for Americans. Think about that that was just one individual that let me sleep to take them further. We know the FBI's corrupted by politics. Jim Kelby was horrendous.

Kate McCabe horrible Strock disastrous people. The worst of the worst kind human beings.

They get power they abuse it say that that's the definition of the worst kind of public servant, getting power abusing because you don't like some of politics, getting power abusing it. Just because you have the power that even that's even a different step.

I believe the FBI's out-of-control I think it the name should be removed. I think every director should be fired. I think the FISA court beast. It no longer exist, because I don't think this warrantless wiretapping should exist anymore. They've abused it. If they try to tell us a little make America less safe. That's their fault not our fault, their fault, so that the rebranding and redo this been done before is why we ought we opened up the department of homeland security under the Bush years to really grab some of the agencies that were under DOJ. Obviously, I think also department justice can handle the FBI.

The fact that it's like a deputy agency within.

If this is powerful is this.

We know it is used to stand alone needs a new name.

It needs to get away from the days of being associated with with another abuser of American data which is over there. Either that, if the fact that his name is on the wall tells you a lot about the organization. Here's the real question you have to ask yourself in a situation like this that is, is this institution capable of self correcting or taking a step further.

Is it capable of correcting itself even under court supervision and what continuously appears to be the case, the answer to that Wes is no, it can't. That's obvious and what we basically have is a law enforcement agency that acts as if they're above the law. You go back to just the history of the last three years with the court trying to get the FBI to change their policies and procedures, and practices in 2018. This presiding judge Musburger ruled that the FBI's procedures were inadequate to meet fourth amendment privacy standards. He required them to put it in writing.

How do you do this in the next year 2019. The same judge scolding them for improperly searching people's records. For example, in 2019 in August and FBI analyst made a crate for thousands of US citizens, only seven of them had a connection to an investigation if it's greatly camping. Making these queries are not the law is clear. Prices for non-United States persons outside the United States so you know my question that two questions. One is I would Jordan said we should clip and and send out our social media applications.

That was a very important statement, but then you got to members of Congress, unfortunately, is a minority party. So the question is good to be is there going to be any action on this at all. While there certainly better BJ and Mike. I mean, I think the question at your nasty is the one that they're asking as well, with which is how in the world can we continue to reauthorize this and quite frankly a J I'm not sure that there's to be a patient's to let the current authorization which runs through the end of 2023 expire because you just can't let this continue. Look at how I would put it this way court when there's a problem within the court then let it continue and acknowledge all these problems that we could really check class or cause a covert which I can I can even believe they put that in writing that the United States got makeovers a serious problem. There was no doubting that that the foreign intelligence surveillance Court and the FBI could not determine whether they were following the appropriate procedures under the foreign intelligence surveillance act because of coalbed. Okay that's not the way it works in a constitutional republic go and finish up. Well, it's been clear beyond any doubt J that they are not capable of course correction in my view, this take it to a whole new level. We've known conclusively that they were not capable of refraining from gathering information on people, but they shouldn't but Jake once they had that information when it is used against people who are trying to help them solve a crime or were a victim of a crime and those people are US citizens date the court has has exceeded its use. So it's not just the court because you can still get warrants regular US District Court system where you actually get advocates on both sides.

You get the argument I'm done with the star chamber.

Harry, I think that but you know people that meet these private courts where you have one. Sipe represented the other side is not represented.

I'm not sure I think the usefulness of that is probably and I was a supporter of the FISA court, but the abuse that I witnessed in representing the President, the 45th President of the United States and continue today to see in this order. That is just released from the FISA court tells me that this it's like the IRS, we said they were institutionally incapable self correcting the lead dismantle the whole tax-exempt division to get it back into some kind of functioning think I think the FBI would Jordan said is aptly right totally out of control, absolutely and raises this question has Peter Strock has Lisa page has James Comey been rehired and somehow the FBI has kept it a secret because what we have right before her own eyes is a swamp and this needs to be cleaned up and so now we have basically the multiplication of the state swamp creatures who continue to violate the fourth amendment of the Constitution. They engage in warrantless searches in violation direct violations of the law, then take it a step further.

They had been warned repeatedly by the office of Inspector General of the DOJ.

They had been warned by the FISA court and even the FBI director himself. Chris Ray said this in December. The Inspector General's office released its report on the 2016 crossfire hurricane investigation and certain related FISA applications. The failures highlighted in that report are unacceptable.

They don't reflect who the FBI is an institution, and they cannot be repeated. Apparently it does because it has been repeated and they were doing that against a Presidential nominee. At that point Presidential candidate crossfire hurricane was the operation targeting the Trump campaign.

Remember that during the night in this table, among some other colleagues handle a lot of this we saw the abuse firsthand. I could tell you stories or have your hair stand up with these agencies were doing, including the lawyers was outrageous what was going on is going on now and I'm sorry is not acceptable to me that the FISA courts as this is all terrible but would never approve it because, well, to maybe pick some of this software looking right now. What kind of legal actions when we can take at the ACLJ were filing suit. I think today on another matter and were looking at what legal action the ACLJ could take to find out what is going on here why this court is still operating this way and letting the FBI operate yet still always let them off the hook reauthorize the program. Your horrible, you read in one instance you took people who were going to FBI community outreach program and ran all hundred 23 of them through this process, which is illegal is it's only for foreigners who are overseas so clearly they were going to your your field office class.

There was no no no legal authorization that was that person's of job.

Why don't we told at least by the FBI this the response filed that that person to terminate not just that, just like a slap on the wrist terminated or is this just normal operating practice. That's what scares me that the FBI's gone to normal operating practice where everybody gets.

Through this.

Through this program and that that leads to again for me to believe in an age where were all getting a little sick of government interference about abolish the FBI come up with a new organization carries at the functions it should without the secret courts of secret courts, the United States of America about that we write back on secular only when a society can agree that the most vulnerable invoice. Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free and powerful publication offering a panoramic view of the ACLJ's battle for the unborn Gold mission life will show you how you are personally publication includes a look at all major ACLJ pro-life cases were fighting for the rights of pro-life activist ramifications 40 years later Planned Parenthood's role in the end what Obama care means to the pro-life discover the many ways your membership is empowering the right question for you, mission life today online ACLJ/challenges facing Americans are substantial time and are now free to sort constitutional rights are under attack important than ever to stay with the American Center for Law and Justice on the frontlines protecting your freedoms defending your rights in courts in Congress and in the public arena and we have an exceptional track record of success. Here's the bottom line we could not do her work without your support, we remain committed to protecting your religious and constitutional freedoms that remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member. Thank you, are not well this is the perfect time to stand with us.

ACLJ.org where you can learn more about her life changing become a member today ACLJ is the signing of the FBI. Citizens Academy.

This is a citizens Academy programs are engaging 6 to 8 week programs give business, religious, religious, civic and community leaders and inside look at the FBI. Classes meet in the evenings and FBI field offices around the country mission of the FBI. Citizens Academy's is to foster greater understanding of the role that the federal law enforcement in the community through Frank district discussion and education. Candidates are nominated by FBI employees, former citizens Academy graduates and community leaders, and guess what hundred 20 of those people by one FBI agent were put through a foreign intelligence surveillance query. It's something that the judge didn't approve a warrantless investigation over people that were nominated or chosen by the FBI as American citizens to attend one of their own programs.

This wasn't running a background check to make sure everybody that was coming into the building was okay that's that's different. When talking about law enforcement queries the go way past background checks. The pickup metadata the pickup every phone call.

You made every text message you sent. Who are you sending it to and it is we already knew was being abused, but they will go after the present United States and no go after top White House officials top executive branch officials and they did an abuse. This then what what why don't you want to talk to you.

Why would they be worried about go after you cited.

That's why as it as a country that they have they done a great job at preventing mass shootings. No doubt a great job when the with the writings on the wall why they always know those guys who commit the mesh but they didn't add then put them to the right surveillance without the hundred 20 people who were nominated for the program that they're running through a foreign intelligence surveillance and unfortunately the FISA court really let them get away with it that here's my question. You got Jim Jordan. Now, on top of this is the ranking member of the committee in an got a very detailed letter about the abuse. We got the opinion about the abuse. But what really can happen up concretely that the letter in the letter Jim Jordan and Andy Biggs asked the FBI director Chris way to please explain my almost a year after the IG's report about byes who abuse the Fisk filed, the FBI still being a still abusing its warrantless surveillance authority. Please provide detailed accounts of every instant since December 2019 with the FBI's greatest test or otherwise use information obtained pursuant to section 702 for purposes unrelated to national security I Felix make making our request by the by turning this into wide egg-based not requesting the FBI, which till then I will go to court over a please explain what actions you take in the wake of this November 20 20th memorandum preventing the bathroom using seven to authorities to travail investigator otherwise examine US citizen and for the second time of delivery deadline or the title of the code which is the section 702 that we talk about its codified in section 50 USC 1881 procedure for targeting certain persons outside the United States other than United States persons what what is we know what's going on here. We notified the court important was letting him get away with and using covert is frankly pathetic. We know Christopher Ray said it was inappropriate to never happen again. It did, it does.

It is Congress does what here. Well first of all, as we look at making that it had a query J, one of the exceptions. They will not be able to use it that that is related to national security because clearly these request these queries against the data were not related to national security. JI think the second bullet from that letter that you read is the important one here Jim Jordan and Andy Biggs are asking for every instance that a query was made against this Pfizer gathered Intel since December 2019 was not related to national security at J every single one of those queries would have been in violation of the authorizing statute, so they should get that information. Bullet even even the information we have in front of us. I think what Congress should do.

J's refuse to reauthorize it and if you need a program like this you can after rebuilding from the ground up, and I I go step further. I think right now it's dangerous and I think this is a dangerous program, a dangerous procedure. The FBI's running roughshod over the law, including due process. The FISA court acknowledges the problem it doesn't, but allows it to continue. So I think this is a systematic systemic problem that has to be handled on a different basis like we did with the IRS.

I think that is true, but I also think that Congress unfortunately has emasculated itself and it allowed itself essentially to be cowed by the FBI on grounds of national security. We now know beyond question that the FBI cannot cure itself.

I think it is systematically corrupt with respect to the application of the fourth amendment. I also think in this particular instance the court has allowed itself to be emasculated by because it's saying that we cannot engage in sufficient oversight because of a pandemic during a pandemic. The fourth amendment is not suspended and so I think at the end of the day.

We need to encourage the American people to rise up legally and peacefully and ask Congress to do its job.

Congress has not done its job for decades.

I think what Jordan said Wes is everybody in this panel in the studio is legally short and an Fanta course been doing government affairs for decades now so effectively legally trying to.

Here's the truth, they have a system they have a law there abusing it systematically. The IRS was doing that also systematically abusing conservative organizations here there abusing civilians there taking the law that does not allow the taking data gathered through the law that does not apply to the citizens and using it. And they consistently do it despite being warned by the FISA court to not do it because they know the Pfizer court at the end of the day.

Wes isn't going to stop it exactly what we have is the nation's premier law enforcement agency breaking the law and what we discovered is this Horwitz report the IG in 2019. The FBI has continued even more so to violate this law. You look back at that reporter Horwitz.

He said at the time there were 17 significant errors of omission.

What is that that's deceiving the court and a 51 unsupported factual assertions what is an unsupported factual assertion, its ally, the FBI lied to the FISA court. They misled the FISA FBI had a lawyer that changed changed and email it submitted that is an affidavit to the FBI and this court allows. Unfortunately, to continue like this.

I think you're right.

I think this court, they said it's a powerless court obviously that is involved with a bunch of actors all know each other. It's secret only from everyday Americans.

It is not secret to the the circuit court judges who serve on it and reported by the Chief Justice and I think that you know that the sins that we have a Secret Ct. in America in 2021 is that kind of hair-raising. Most people don't understand it. That's how they like it they don't like this attention, we get every time there's been attention on them. It's been proven that they are they are committing widespread violations of their own rules. They are violating the constitutional rights of Americans and violating the laws that are in place even to tighten noncitizens this country there in the United States. So I think it's time to abolish the FBI and abolish the foreign intelligence surveillance Court. They've had their chances.

We do need to. If a law enforcement agency. Sometimes your name to sullied is wrong.

The people that were running it in the bureaucrat the top disarray is no better than anybody else from the FBI is no better becoming they do the same thing over and over again in the air their political actors, which makes it just like the iris targeting.

It's the worst when bureaucrats and law enforcement agents become politicians, they are the worst of the worst that second for decades.

ACLJ is been on the frontline protecting your freedom is defending your rights in court in Congress and in the public arena.

The American Center for Law and Justice is on your side.

If you're already a member. Thank you. If you're not well this is the perfect time to stand with us, ACLJ.org, where you can learn more about our life-changing work, member today ACLJ live from Washington DC and secular. We are tearful close to 164 3110 is reset for second outs were talking about. Here's that we got of a declassified Pfizer court order really chastising the FBI for its use of the foreign intelligence surveillance act, Pfizer against American citizens process where just one case they sought agent who ran 120 American through the system who had been nominated to attend the FBI's citizens Academy, so they didn't do a background check on them or this is become the de facto way they do background checks which would be even more scary is that it is that it would probably does sound like it because the other two janitors also soaked staff maintenance staff became interoffice will be run through this system instead of a background check. Yeah.

While it of criminal records and past but they were running. The person who comes in the change a lightbulb was going to utilize review by Carter, page you learned about this years ago.

I don't know many people remember Congressman from Georgia, Babar, I was a former US attorney. He was a congressman from Georgia. I've been on this program probably back in that in the 90s and early 2000's. On this program a lot. We work with them a lot. He warned that when you have a surveillance state that has no checks and purportedly have a court that's checking them but they can't function because they had covered so we know that all the problem was that we could do about this sets up, sets the stage for abuse and this abuses is out of control.

It's no different than the IRS.

The question here is I go to fan on the congressional fix is there can grab me and I was like that is bigger than that. I they were empty takes legal action here, but they are looking at it from your perspective, but looking at it from the perspective of some of the deals with Congress knowing the makeup of the of the Congress right now. I know it's very close. What happens here.

Well, the reason that the only fix is abolishment and rebuilding Jay's because the underlying statute that actually authorizes. This has the limitations that you're talking about in it. So Congress initially said you cannot do this. And they're doing it anyway so J if Congress wants to be taken seriously. I go back to what Harry talked about just a minute ago they said. He said that they've abdicated their authority.

What if they don't enforce what they wrote and was signed into law as recently as 2018 was the last reauthorization, then he's absolutely correct.

They have no work there. Now the likelihood of something changing before the authorization comes up in 2020 3J that would only happen if the American people do again what Harry said, rise up and insist on it. That's only ways can happen. JI think look I think the reality I agree. I think the problem here is systemic and spit. It's it's a it's an institutional problem Eric.

That's with what I'm concerned with here. I just like the Ira situation we are good accordions. The IRS. This is different.

Existence could claim abuse here. I mean individual citizens may have claims but we had to get to the bottom of this and will figure out our way in the Congress trying to do it to be this systematic absolutely and it's very very serious.

We have set the stage for either soft or hard totalitarianism. And I think it's very very important to keep that in mind, because we also live in an era wherein the so-called counsel culture is rising. Therefore, individuals are being selected as target arbitrarily and capriciously, for instance by the FBI and other officials and so I think Congress as I indicated before, has neutered itself.

It's emasculated itself, but I think there is an additional solution to put on the table and that is to create a private right of action by citizens when and if their constitutional rights have been violated 1980 family here. I am not talking simply about a civil action in some jurisdictions's private citizens can bring a private leaf finance criminal action against officials who violate the law and I think that is what's necessary, so long as we continue this particular regime du jour in the decedent continue to ignore it with the court has said can's now since 1920 2019.

They have noted this and they don't do anything and we got tense and the court is a force enforcement. It's a slap on the wrist think that violating our rights and either way are they really protecting this challenges facing Americans are substantial time and are now free to sort constitutional rights are under attack more important than ever to stay with the American Center for Law and Justice for decades now ACLJ on the frontlines protecting your freedoms defending your rights in court in Congress and in the public arena and we have an exceptional track record of success. But here's the bottom line we could not do more work without your support, we remain committed to protecting your religious and constitutional freedoms than remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side, you're already a member. Thank you. Not well this is the perfect time to stand with us. ACLJ.org where you can learn more about her life changing become a member today ACLJ only one. A society can agree that the most vulnerable in voice is, is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn Gold edition will show you how you are personally publication includes a look at all major ACLJ were fighting for the rights of pro-life activist ramifications 40 years later Planned Parenthood's role in the Obama care means to discover many ways your membership is empowering the right question free copy of mission life today online/684-3110 to talk to us on air 1-800-684-3110 can cause now. Calling from Rhode Island online. What he Jerry Walker digit secular on the boy years ago. Talk about what we could depend. Now we can hope violate before cultivated black vision not doing their job nonfeasance yet we cannot thank banks are correct and let me let me know West Smith break down you exactly Jerry how this works okay because what this this data is not what you think it is much deeper mismatches like general surveillance. Who did you talk to, you know it was your neighbor much deeper while this is not a routine background check that the FBI does all of this raw data of the surveillance itself is not even conducted by the FBI is conducted by the national security agency, the NSA may gather all the information once they gathered there only three entities that have access to it and that's the CIA, the national counterterrorism test Center and the FBI, but of those three, the FBI's the only one of those that is a law enforcement agency. They can arrest you, or they can rage her home at 6 o'clock in the morning and they have every text message every email and every phone call the raw data of everything you've ever done something you got understand the scope and nature. What were talking about here. Some of the FISA court says is been these abuses and all these people were surveilled.

It wasn't just like you know who you work for and they know basis to do it in the FISA court missed what I don't understand says that what they did is widespread said it's a problem.

And yet and yet does nothing. There's nothing to correct it say what will give him another pass. I'm done with the power Jordan. I'm done with the past. I'm done with the secret courts in the United States, it doesn't work. Obviously okay. Obviously we had a whole Presidential attempt to take down because of the was going on the bicycles and they felt like they were abused and that misrepresentation but was all accountable to one more they change the video, but I think this too is that the American people.

The American people can't trust these the this kind of an entity it's not doing its job is domestic set. The CIA I think the FBI became like CA that is that is the CIA is we used you start getting into much greater areas of the law, but they also don't have law enforcement ability they can't come arrest you like you're talking about CIA surveillance off the most of time can be using court so it's used to protect America as a country and its citizens is not used to prosecute Americans, the FBI, on the other hand, is a gather facts for prosecutors and yet they are acting like the CIA at home and that's when you get to the police state and and and you you have to wonder if the court never will never stop them. So if you go back to the FISA court for the third time that she didn't give you your your your warrant that you achieve the third type is an allegory for info course that suspicious the possibly dumping totally invalid totally made up totally discredited and the courts is all we got abused but will let you do it again. The culture there Chris Ray's good example. He comes that is not from the culture and he gets sucked right into it.

It is any defensive then the institution. It's just like those were the things he likes to counsel the IRS of the commission is the iris. That's where I say I go back.

Say it's really not really not institutionally capable, self-correcting. I think that's precisely correct and so one of the first questions is one that you have addressed will the courts stop the FBI. I think the answer is no. Why, because I think the court enjoys the power even though the power means that there will be violations of the fourth amendment. So if the court likes the power, then there basically is no one who is stopping the FBI from doing what engaging in selective investigations and selective prosecutions. That is a threat to our democracy. So I think another idea that I've come up with is that maybe we should hold the F VI director personally responsible, personally liable for every single violation of the FISA law because up to this point in time.

Nothing has stopped the FBI from engaging in arbitrary and capricious misbehavior under my thigh. I completely agree with Harry Jordan on this and and and why know what states have the same concerns.

This is this is an out of control bureaucracy really is this with leadership adrift, and that they've gone so far from the intent of the law which actually goes back to 1978 and then section 702 and 2008. It was supposed to be related to national security. It is not related to national security. They couldn't go there. Also, it could not be spying on a US citizen and if the citizen was incidentally called up. You protect their identity and minimization yeah and so originally, this law was put in place in issues of national security. If the agency's head at quickly, almost in an emergent situation. You could not go through the regular process you went to the FISA court.

Now they're using it over and over thousands of times.

Routine writings like I think all FISA court systems was like a joke delusional. Jim Jordan said Johnny analysis to the IRS.

This is important. 10 years ago the IRS was targeting pinko conservative, a millionaire shall five years ago.

As you pointed out, the FBI abuse the FISA process to target present Tom's campaign to spy on Presidents, Rob and his campaign and now we find out there is widespread abuse in the FISA process is could take a lot more as we all knew for years that of time to drain the entire swamp always saw was a kind of fester to the top we saw the worst of the worst from the IRS to the FBI targeting of Americans at this targeting of Americans over and over again as you look back historically.

These agencies have had trouble with this.

And that's because of their human beings so to put them in this kind of massive amount of power but to say you know what when you when you walk through these watery giving others, power but put your politics aside in a place like Washington DC where you only get promotions because of politics and you only move up because of political victories with losses of the bureaucracy, though they are not political appointees. They are, they get their jobs from eight elected Congress to get their promotions from an elected Congress so know that not put in by the President himself, but then again they exist because Washington exists because of politics and they have shown that because of human nature alone.

They should have this power is not enough checks in the world to give this power does matter have a seizure court doesn't matter. I holy anybody responsible they don't get you the worst they get is fired without the pension members under the Durham report still around, right it's those employed by the US that 10 years from now will know what abuse is the place that what other pieces yes very know what you have a card page right this is this what this is like.

This is where it's ridiculous because too many of those individuals there.

Paul partisan system. The US attorneys are part they use the FBI felt prosecute Seneca to be anti-if you know anti-FBI really would, in their mind and get rid of some bad apples as you see these reports, you realize it's not all seventh floor, Washington DC does the sale offices all over the place. Obviously DC not doing enough and if they were again I just feel like you see a lot of FBI failings in the real law enforcement world and and it's a time where I think America probably say we shouldn't have a secret court that no one commitment has no accountability and it never holds the, the institution they're supposed to be looking at accountable.

So the no accountability either way we will and they say there's a violation was a technology remedy if you went to the citizen Academy your name is drawn into a FISA court 702 database is used for foreign intelligence surveillance this how bad the suit was the court acknowledged that they did it. The FBI course had to add to the knowledge they did it. The court said it's wrong. The FBI says it's wrong and what are they get a reauthorization to do it again no don't do that particular thing will really reauthorize the court to engage in its activities.

You how many times do you do this and then you finally say what Jordan said in the year 2021 in the United States of America enough's enough. No secret courts anymore. No court would know lawyers on the other side that lawyers on the other side have to know what's going on.

You know what to do an individual or this way never understood. Only got a minute happier want to notify the target of the investigation which end of the at least then appointed like a pro public co-representative someone that was representing the interest of that person, even though they didn't know they were being targeted absolutely. But they never pointed effectively a guardian ad litem to protect the interest of the subject of the investigation but I think both the court and the FBI. At the end of the day are lazy.

They love authoritarianism of a love secret courts. They love abusing power and I think that fundamentally is the problem facilitate the ACLJ what we were instructing our team for your team, which is growing. As you can imagine will continue to look into this to see what angles we can take it they will get 30 seconds or that's an important part of this we can take some action here to find out what's going on who's hiding the ball so to speak, we can take action and get by the way, J we did recommend what you just did to Congress the last time around. They didn't follow through. I should have that we did recommend and they did not. I will be back in the break ticket ACLJ.org is Argentina phone calls, 1-800-684-3110 only one.

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Thank you. If you're not well this is the perfect time to stand with us ACLJ.org where you can learn more about her life changing, member today ACLJ684 30 went to the it will go to Eisele that Minnesota lied to his out you will and keeping up and climbed in the true I just wanted to encourage people to get even small amount what you can forget all that I am retired and I do contribute as I am able. I think this is so that we appreciate you call this a minute and let me just say this again because we owe it to the people and that is the fact of the matter is without your support. None of this happens, but I have to say that our March and April matching challenge response was incredible. Just incredible. So from almost piercing on the set here or Washington DC or anybody. You're saying you don't see behind this last year were lawyers around the world. Lawyers and government affairs people watch and see.

Thank you. We could not do without you. It's incredible. I'm amazed were all amazed were humbled by your support is been incredible.

Thank you.

It's all really because I admit it's it's just been it's just been tremendous limit back then minute for minute here Jordan on the issue of congressional action. It's clear that now you got a letter from ranking member Jim Jordan is that this letter to the FBI about this abuse. Here's my question. You think the FBI will respond made and or we can get the usual. This is an investigative matter, and when I can discuss yeah I mean I think I responded saying that we were investigating is that this and obviously this is wrong. It same kind of thing. This is not acceptable action by the FM hear the click of a keepsake and that's it. So what that was Congress I meet. So what is Jim Jordan expecting to get your fan.

While I think he said he's planning on getting a response that the nonresponse and here's here's what his response to Christopher Ray needs to be what you knew about this report in November 2020. It's now May 2020, 21, and were just finding out about in those intervening months.

What have you done to stop it and if there's not a satisfactory response which I can't imagine there would DJ then it just has to be terminated because think about it, how are you going to get victims reporting crimes or tips reporting crimes if what you're gonna do with that information is run the very people who brought you that information through the surveillance data. Data it will completely eliminate your ability to do your job.

I want to I want this is Jim Jordan.

Now Jim is a friend of ours on a lot of our breaks. We got a great relationship with them even further north for a long time to this broadcast night on listen to what he saying about exactly more, but the barn's barn surveillance acting foreign intelligence surveillance act and the misuse here wasn't it still foreign intelligence surveillance act. If the foreign intelligence surveillance Court, what are they doing spying on Americans. That is the thing that troubles us so much and this is why we set hearings but Jerry matter is yet to have a full committee hearing this entire Congress. I bet he's probably not the first one on this issue, but boy they should because this really crosses all of the lines we completely crosses all the lines and that's what I'm concerned about your was matter of trust in the American people deserve to be able to trust your chief law enforcement agency thing to Jay that I think about you and I'm retired Army in the military when a units performance or the command climate goes south, the commander of that unit is held responsible and I think Christopher Ray needs to be forced to step down that he is not corrected. The FBI has not changed. Courtship and I think he needs to go because ultimately he might've not been the one personally doing these things.

He's in charge and he is I think abdicated his responsibility but then points out something quickly.

It's important we gotta know about HR want. This is something we gotta be very concerned about. Well, Carson. Jordan compared to the IRS can alter great comparison we got solid reforms there but again Congress is proposing eliminating repealing the lowest unaware will in it were to win on that one in the NJ but they're trying to repeal that one to get a chance again to the center. Today we can be back.

It's gonna come up in the Senate is thought to be tied to the debate over the filibuster, but as one has already had hearings over there.

It is definitely a priority for the time we had to keep her eye on that in a lot of different ways are joyous right now is earth are our special counsel Craig Parshall handles a lot of media law issues and issues involving media, social media and specifically is the news out of Facebook today regarding the President. We actually represented great did the work on this represented the President in this appeal. Facebook Craig is a lot of information out there of, the President said he's not happy about the band continuing obviously say made that statement just moments ago. It's a weird rule at straight drilling and that they they said that it was justified to take him down, but you can keep him off. They flew back to Facebook to decide what's your take on it after not reading this opinion, it is a confusing decision.

First of all don't believe the headlines and say that they supported the band, they offended but they didn't say that on January 6 and January 7 Facebook aired on the side of suppressing him because of the capital Hill incident and that they were right in doing that, but everything that followed that they said was improper that they didn't follow their own rules and guidelines and that's of course what we asked them to rule so they agree with us on that but then somehow kept him in the probation cell for the next six months saying even though the indefinite suspension was wrong somehow under international principles.

They think that Facebook has the right to continue reviewing the policies and practices appropriate for national leader like Pres. Trump very confusing. Very I think that you put it back. They in fact they didn't give have loved each side they saw as they cut it out in the three pieces and none of it makes sense. One fact that has to be accent accentuated that is that they alleged that it wasn't enough for Pres. Trump to say go in peace.

Don't be violent, BP, a law-abiding, he needed to call out the violence more vehemently.

Then he did to meet international standards. While how do you measure that there is no objective standard that guy so it's a Craig this idea though, that it's it's goes back in six months. Facebook has to do some is it is or something positive. This is that this review board that they put in place is is at least not predisposed. The idea of just outright banning someone indefinitely is a lot of people worried about themselves to how this might impact them even though they may not be as high profile think it on the Facebook radar. It's even tougher sometimes not high-profile. Craig yeah yeah I think the good news here is that they made Facebook go back and by the way they did criticize the vagueness of some of the rules and they sent Luther a patchwork of rules that even lawyers ever fired a hard time following so they said make your rules cohesive figure out a way in which you can make this suspension process more logical and fair with due process notice to your users so maybe something positive will come out of that, but I think the them.

The issue that needs to be stressed is rather than international standards as enforcing the Facebook oversight board didn't use the First Amendment principles which we outlined in our brief yeah is a US-based company with think that would be the standard but nevertheless they have to come I will see what happens six months. Thanks Craig for your work on this yet. A lot of people across the spectrum, very concerned about this the platforming issue and not I said we had a great relation with Facebook places that we want to continue to see it open as a present free-speech vehicle that was the idea in the community that they receive under section 3 to have a lot this puts it all in jeopardy for them. So I think you for company that it's a lot of immunity from the law and get this is not the best over just because I happen to one side the other studies of think the same way to the idea. This power exits, which are events that Facebook created this legal system because they don't really want to be sent actual US legal system like the constitutional and try to sail over providing this process watch that very carefully what?

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