Our government must make transparent, good-faith efforts to police itself, or risk losing legitimacy in the public’s eyes.
Andrew McCarthy's Testimony to Congress, Adam Schiff's Committee, which Mr. McCarthy states treated him respectfully and conducted themselves in a dignified manner:
AG Barr is currently undertaking an investigation to ensure that the Obama Administration met these thresholds before spying on their domestic political opponents.
Robert Mueller & Andrew C. McCarthy's Testimony -- Lessons of the Special Counsel Investigation | National Review
Things that do NOT meet the threshold for spying on Americans:
We have been wrestling with national-security powers for nearly 50 years because we understand that they are essential for the protection of the nation, but also that they can easily be abused. It is essential that when serious questions arise about how they have been used, the FBI, the Justice Department, and the Congress conduct serious, searching inquiries to get to the bottom of what happened, and to take remedial action.
It must be made abundantly clear to the American People that our government is deadly serious about policing itself. If that does not happen, there will be even more public demand for the restriction or even the repeal of foreign-intelligence-surveillance authorities.
Andrew McCarthy's Testimony to Congress, Adam Schiff's Committee, which Mr. McCarthy states treated him respectfully and conducted themselves in a dignified manner:
There is an implicit understanding in our law: The awesome powers vested in our security agencies must not be used pretextually to carry out law-enforcement functions. This was the major controversy we dealt with in the 1990s. The infamous “Wall” imposed by internal Justice Department guidelines, which had the effect of impeding cooperation between intelligence and law-enforcement investigators, was unwise policy driven by good intentions. The idea was to ensure that agents who lacked an adequate factual predicate to use criminal-law investigative techniques would not do an end-around on the Constitution by conjuring a national-security angle that would justify resort to foreign counterintelligence authorities — such as warrants issued under the 1978 Foreign Intelligence Surveillance Act (FISA). :
Why, pre-9/11, the "Wall" was there:
Law enforcement involves serious intrusions on our most fundamental freedoms — liberty, privacy, in some instances even life. Consequently, our law builds in due-process presumptions and protections to safeguard Americans. Search, arrest, and eavesdropping warrants, for example, may only issue based on probable cause that a crime has been (or is being) committed.
FISA bypasses important Fourth Amendment safeguards. Our law permits this for two reasons. First, the objective of a counterintelligence investigation is not to build criminal prosecutions but to collect information. Second, the “target” of a counterintelligence investigation is a foreign power that threatens U.S. interests. Consequently, the typical counterintelligence scenario is not an effort to gather evidence against an American in order to arrest, indict, convict, and imprison that American.
Protecting American Citizens against FISA Spying:FISA bypasses important Fourth Amendment safeguards. Our law permits this for two reasons. First, the objective of a counterintelligence investigation is not to build criminal prosecutions but to collect information. Second, the “target” of a counterintelligence investigation is a foreign power that threatens U.S. interests. Consequently, the typical counterintelligence scenario is not an effort to gather evidence against an American in order to arrest, indict, convict, and imprison that American.
Nevertheless, FISA does endeavor to give an American suspected of being a foreign agent some protections. A warrant may not issue unless the FBI and Justice Department demonstrate probable cause to believe the American is knowingly engaged in clandestine activity. The relevant FISA statute (50 U.S. Code, Section 1804(b)(2)) does not quite require probable cause of a crime; but it calls for something very close — a showing that the suspected activities may involve a violation of criminal statutes. To underscore that the required showing calls for a demonstration of grave and willful conduct, the statute speaks of taking direction from foreign powers to commit criminal offenses, engaging in such activities as sabotage or terrorism, or intentionally using false identities specifically on behalf of a foreign power — which, of course, makes more serious clandestine activity possible.
AG Barr is currently undertaking an investigation to ensure that the Obama Administration met these thresholds before spying on their domestic political opponents.
Robert Mueller & Andrew C. McCarthy's Testimony -- Lessons of the Special Counsel Investigation | National Review
Things that do NOT meet the threshold for spying on Americans:
- Russian intelligence services attempt to coopt or dupe Americans into providing assistance. This would not be an adequate basis for a surveillance warrant against the unwitting American. Our law requires a showing of purposeful action on the foreign power’s behalf against our country.
We have been wrestling with national-security powers for nearly 50 years because we understand that they are essential for the protection of the nation, but also that they can easily be abused. It is essential that when serious questions arise about how they have been used, the FBI, the Justice Department, and the Congress conduct serious, searching inquiries to get to the bottom of what happened, and to take remedial action.
It must be made abundantly clear to the American People that our government is deadly serious about policing itself. If that does not happen, there will be even more public demand for the restriction or even the repeal of foreign-intelligence-surveillance authorities.