FISA – American Conservative Movement https://americanconservativemovement.com American exceptionalism isn't dead. It just needs to be embraced. Thu, 05 Sep 2024 00:52:59 +0000 en-US hourly 1 https://wordpress.org/?v=6.6.2 https://americanconservativemovement.com/wp-content/uploads/2022/06/cropped-America-First-Favicon-32x32.png FISA – American Conservative Movement https://americanconservativemovement.com 32 32 135597105 FISA: How a Watergate-Era “Reform” Turned Into a Mechanism of Massive State Surveillance https://americanconservativemovement.com/fisa-how-a-watergate-era-reform-turned-into-a-mechanism-of-massive-state-surveillance/ https://americanconservativemovement.com/fisa-how-a-watergate-era-reform-turned-into-a-mechanism-of-massive-state-surveillance/#respond Thu, 29 Aug 2024 10:08:42 +0000 https://americanconservativemovement.com/fisa-how-a-watergate-era-reform-turned-into-a-mechanism-of-massive-state-surveillance/ (Mises)—In 50 years since the Watergate scandal—famously resulting in President Richard Nixon’s resignation—there has been a flood of “post-Watergate morality,” in which Congress pushed through a number of “reforms” designed to curb government abuses. The Nixon Administration exerted great effort to conceal its organization of the break-in, as Nixon and his aides authorized a plan instructing the Central Intelligence Agency (CIA) to interfere with the Federal Bureau of Investigation (FBI) Watergate investigation. Their actions were an abuse of presidential power and a deliberate obstruction of justice.

A newspaper article published after Nixon’s resignation detailed the CIA Watergate cover-up, sourced from the Watergate prosecutor’s office, the FBI, and CIA staff. The Watergate investigation obstruction of justice began in the White House when it was revealed some of the five Watergate burglars had a CIA background. “This gave the White House conspirators an idea. They might be able to use the CIA to cover up their own connection with the crime,” using CIA resources.

Members of Congress claimed Watergate evils came from the misuse of presidential power, including use of the spy agency for unauthorized citizen surveillance from the White House. One solution to limit increased unauthorized surveillance of US citizens was to enact a law to limit the president and federal personnel from authorizing surveillance of US citizens. This response led naturally to expanded centralized surveillance power which was the opposite of their stated intention.

Beginning on January 27, 1975, a special 11-member Congressional investigative body looked into abuses of power by the nation’s intelligence agencies. Chaired by Idaho Democratic Senator Frank Church, the Church committee called more than 800 witnesses over nine months, including several former officials from the FBI and CIA.

The Church Committee findings resulted in Congress creating permanent intelligence oversight committees in the Senate and House. They proposed creation of the Foreign Intelligence Surveillance Act (FISA). The bipartisan bill passed the House 246-128 and the Senate 95-1, and was signed into law by President Jimmy Carter on October 25, 1978. The FISA was designed to prevent secret surveillance by the president and others in the federal government after Watergate. History shows how federal government surveillance grew over time when governing personnel were granted a new power by law.

The act created the Foreign Intelligence Surveillance Court (FISC) as a tribunal tasked with reviewing requests from federal law enforcement and intelligence agencies like the FBI and National Security Agency (NSA) who sought permission to begin wiretap surveillance on any “foreign power or an agent of a foreign power” within the US The FISC was comprised of seven federal district court judges (expanded to 11 judges in 2001). Each one is appointed by the Chief Justice of the Supreme Court of the United States and each judge serves staggered, non-renewable terms of seven years.

Details of warrant requests are not publicly disclosed, except the number of approved or denied requests. More than 34,000 requests were made and only a dozen rejected (although the government has withdrawn some requests) as of 2013. The FISC faces criticism by many, including civil liberty advocates, who see it as a rubber stamp of government surveillance requests. After the September 11, 2001, terror attacks the newly-signed USA Patriot Act expanded FISA surveillance orders duration, allowed authorities to share information placed before a grand jury with other federal agencies, and permitted authorities to gather foreign intelligence information on US citizens and non-citizens.

Federal surveillance powers expanded through the 2007 Protect America Act, passed after revelations of widespread warrantless wiretapping during the George W. Bush administration. The 2007 law amended FISA by removing warrant requirements for federal surveillance of foreign intelligence targets outside the US and anyone in the US (including US citizens) that communicated with them. The 2007 law granted immunity to telecommunications companies who provided access to data to federal law enforcement agencies without a federal search warrant.

Surveillance powers metastasized by the 2015 USA Freedom Act, passed after the scandal of NSA whistleblower Edward Snowden, that aimed to end the NSA’s bulk collection of US telephone records and provide greater transparency in the FISA court system operations.

What started out after Watergate to prevent secret unauthorized surveillance of US citizens by the president and others in the federal government resulted with an abundance of secret and warrantless surveillance of US citizens and non-US citizens by the federal government. The executive branch surveillance power has grown in the past fifty years through use of the FISA courts. One lesson of supposed “reform” in Washington was really more centralization and expansion of federal surveillance power.

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Could FISA Now Pass WITHOUT a Eliminating Warrantless Surveillance of US Citizens? https://americanconservativemovement.com/could-fisa-now-pass-without-a-eliminating-warrantless-surveillance-of-us-citizens/ https://americanconservativemovement.com/could-fisa-now-pass-without-a-eliminating-warrantless-surveillance-of-us-citizens/#comments Thu, 11 Apr 2024 08:13:26 +0000 https://americanconservativemovement.com/?p=202652 Conservatives scored a victory in the House yesterday when 19 Republicans joined Democrats in stopping Speaker of the House Mike Johnson’s FISA reauthorization. But some are concerned that a clean reauthorization may now pass, eliminating the warrant requirement altogether.

Charlie Kirk posted the names of the 19 Republicans who voted against it. But Congressman Thomas Massie noted that in doing so, they also prevented a vote on the warrant requirement to spy on Americans.

It’s more complicated than that Charlie. Hakeem Jeffries, Nancy Pelosi, and Adam Schiff voted the same way as well.

This group also stopped a vote on requiring the government to get a warrant.

According to Nicholas Ballasy from Just The News, Speaker Johnson may now push forward a clean reauthorization bill:

House Speaker Mike Johnson, R-La., could now turn to a clean Foreign Intelligence Surveillance Act extension bill after a reauthorization bill with a bipartisan warrant requirement amendment failed to advance in the GOP-led House on Wednesday.

A clean bill could allow for warrantless surveillance of American citizens for another five years. If Speaker Johnson were to push it or allow a vote if the Senate were to pass their own, it would likely pass in the House with a combination of centrist Republicans and Democrats supporting it.

President Trump has called for FISA to be “killed” altogether, having been a victim of its use during and after the 2016 presidential election. Speaker Johnson noted that the amendments that were blocked Wednesday would have prevented the spying done on Trump and his campaign.

“I look forward to talking with him about it. Here’s the thing about FISA, he’s not wrong, of course, they abused FISA,” Johnson said, referring to the launch of the Russia collusion probe. “These reforms would actually kill the abuses that allowed President Trump’s campaign to be spied on.”

Despite taking the defeat, it seems unlikely Speaker Johnson would allow for a clean reauthorization bill. It would be political suicide, aligning him with his RINO predecessors in Republican House leadership. But if it’s a choice between a clean bill and allowing FISA to expire later this month, Speaker Johnson may feel like he has no other choice.

Senator Mike Lee doesn’t seem worried.

Don’t fall for the hyperbole.

The sky is not about to fall.

We must not allow for a “clean”reauthorization of FISA 702.

We must continue to fight until we can attach a warrant requirement to FISA 702.

Get a warrant!

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As FISA Extension Proves, Primary Season Is EVERYTHING https://americanconservativemovement.com/as-fisa-extension-proves-primary-season-is-everything/ https://americanconservativemovement.com/as-fisa-extension-proves-primary-season-is-everything/#comments Thu, 14 Dec 2023 23:47:45 +0000 https://americanconservativemovement.com/?p=199338 Another day, another betrayal by the Republican wing of the UniParty Swamp. The House overwhelmingly passed the NDAA and failed to strip out the extension of FISA domestic spying. Oddly, Senate Republicans actually did a better job of attempting to stop it than their House partners. Both still failed to do the will of their constituents and defend the Constitution.

Rather than write up a long rant about what needs to be done to reform the party or to hold our elected officials accountable, I’m going to cut to the chase. The primaries are EVERYTHING. Another election in which we’re forced to choose between the lesser of two evils in legislative races could be the end of our nation. We need America First constitutional conservatives. Having the letter (R) next to the name is not enough.

Fortunately, this is a presidential election year so the vast majority of attention by media, donors, and voters will be spent on the top of the ticket. This is an opportunity for patriots to have a greater impact on down ballot races during the primaries. Less money and effort will be spent propping up RINO legislative candidates so if we’re selective with our support and we loudly voice our opinions, we have a chance of putting fellow patriots on the general election ballots.

Electability MUST be tossed out the window for three very important reasons. First and foremost, the electability argument always favors moderates yet the reality of the votes rarely reflect this. It’s a false narrative that true conservatives have less of a chance of winning the general election.

Second, the gap between Democrat and Republican members of the UniParty Swamp is minimal. The NDAA is a perfect example of how unified the Swamp Members are on important issue. Ukraine is another one. We must fight during the primaries to prevent Swamp Members from advancing. Otherwise, we’re stuck with the aforementioned lesser of two evils.

Third, the messaging and momentum driven by nominees translates into a direction for the party as a whole. If “normie” Republicans see that moderate candidates perform better, those normies are more likely to shift their own views to match. If bold and courageous patriots are winning primaries and driving the narrative, their boldness and courage will be contagious within the base. Donald Trump proved this, of course, but so have legislators like Rand Paul, Ron Johnson, and Paul Gosar.

Every election, we get to hear talking heads tell us this is the most important vote of our lifetimes. But for the first time in my lifetime, I believe that the old talking point may finally be true. Regardless of who wins the presidential election, wresting away power from the UniParty Swamp in the legislature may be the difference between returning our country to its proper state or losing it altogether.

Sound off about this story on my Substack.

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UniParty Swamp Action: Here Are the 147 Republicans Who Voted in Favor of Freedom-Busting FISA Extension https://americanconservativemovement.com/uniparty-swamp-action-here-are-the-147-republicans-who-voted-in-favor-of-freedom-busting-fisa-extension/ https://americanconservativemovement.com/uniparty-swamp-action-here-are-the-147-republicans-who-voted-in-favor-of-freedom-busting-fisa-extension/#respond Thu, 14 Dec 2023 21:43:40 +0000 https://americanconservativemovement.com/?p=199327 RINOs in the UniParty Swamp on Capitol Hill scored a huge win against the American people on Friday by passing the National Defense Authorization Act with an extension of the Foreign Intelligence Surveillance Act intact. Only 118 Republicans in the House and 35 Republicans in the Senate opposed extending FISA.

This was a major setback for freedom-loving Americans, not just because it extends the Deep State’s power to surveil American citizens but also because some notable liberty-minded Republicans were on the list of those approving the extension.

Was your Representative on the list? Here it is:

NDAA Yeas

According to Discern Report:

The temporary extension in question belongs to the surveillance capabilities under Section 702 of the Foreign Intelligence Surveillance Act (FISA), which was slated to expire at year’s end and have now been renewed through April 2024.

Utah GOP Senator Mike Lee led a robust effort to axe this extension, despite facing defeat.

Notably, a group of thirty-five senators, featuring Kentucky GOP Sen. Rand Paul, rallied behind him. However, the movement fell short of the forty-one votes needed to successfully exclude the provision.

A warrantless surveillance mechanism provided for by Section 702 targets non-Americans overseas, a point of sensitive debate because the provision has, despite failed promises from the likes of the FBI to stop, caused surveillance of US citizens.

If you still think voting for Republicans will save this nation, think again. Until we start voting for America First, patriotic constitutional conservatives to win the primaries, a majority of the Republicans we send to Capitol Hill are just the lesser of two evils. At this stage in American history, we need a total revamp or all will be lost.

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Congress Extends Mass Surveillance Program https://americanconservativemovement.com/congress-extends-mass-surveillance-program/ https://americanconservativemovement.com/congress-extends-mass-surveillance-program/#comments Thu, 14 Dec 2023 21:12:08 +0000 https://americanconservativemovement.com/?p=199324 (Reclaim The Net)—On Thursday, the US House of Representatives passed a funding bill for next year’s defense expenditures, which controversially incorporates a short-term extension of certain surveillance authority.

The National Defense Authorization Act (NDAA) received overwhelming bipartisan support in the House, passing with a vote of 310 to 118. This count far exceeded the two-thirds majority needed for approval. Following its passage, the bill is now headed to the White House, where it awaits President Joe Biden’s signature to become law.

The temporary extension in question belongs to the surveillance capabilities under Section 702 of the Foreign Intelligence Surveillance Act (FISA), which was slated to expire at year’s end and have now been renewed through April 2024.

Utah GOP Senator Mike Lee led a robust effort to axe this extension, despite facing defeat.

Notably, a group of thirty-five senators, featuring Kentucky GOP Sen. Rand Paul, rallied behind him. However, the movement fell short of the forty-one votes needed to successfully exclude the provision.

A warrantless surveillance mechanism provided for by Section 702 targets non-Americans overseas, a point of sensitive debate because the provision has, despite failed promises from the likes of the FBI to stop, caused surveillance of US citizens.

Two improvement proposals for these mandates were put forth by Republican members but were subsequently withdrawn by House Speaker Mike Johnson amid significant intra-GOP conflicts over the issue.

Kentucky GOP Rep. Thomas Massie expressed his dissatisfaction with the inclusion of the FISA extension in bill.

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