Attorney General Loretta Lynch, who has been engaged in a program to federalize local law enforcement during her tenure, has thrown a new twist into her bizarre and conflicted legacy at the Department of Justice. As Judge Andrew Napolitano reports, she’s created a mechanism by which the Fourth Amendment can be circumvented by law enforcement agencies of any type and description, foreign and domestic, in the area of digital information.
Napolitano says, “We don’t know exactly what’s going on and if our friends at the New York Times did not have a source in the Justice Department we probably wouldn’t even know about this secret order.” He reminds us that the NSA spies on everybody all the time, every text message, every email, every phone call (except they can’t produce Hillary Clinton’s). All digital data that flows anywhere in the United States the NSA gathers. Ostensibly, for intelligence purposes, to see if there are plans or plots afoot to impair the national security of the United States, not for law enforcement purposes, they’re not looking for evidence of crimes.”
He continues, “Now, Mrs. Lynch has said, ‘You can take that data and you can give it to the FBI,” and that basically they can give it to anybody that wants it, foreign or domestic. He characterizes it saying, “She has removed the walls around this stuff.” He warns, “This allows law enforcement to bypass the Fourth Amendment, to acquire evidence of criminal behavior without a search warrant from a judge based upon probable cause.”
Napolitano notes that the restrictions put in place by the Fourth Amendment “forces the government to focus on people who are probably guilty because of the standard in there, probable cause of crime.” He explains how now the protections of the Fourth Amendment against unreasonable searches and seizures has effectively been removed from the Constitution as it pertains to digital information collected by the NSA by Loretta Lynch.
Judge Napolitano asks, “Why would Barack Obama, who freed somebody like Chelsea Manning and the FALN guy, why would he do something like this, which is a frontal assault on civil liberties? I don’t understand it.”
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