Fox News judicial analyst Judge Andrew Napolitano said the existence of the Foreign Intelligence Surveillance Court means there is “no scrutiny” and “no transparency” for the federal government when it wants to spy on someone, on “Fox & Friends” Tuesday.
Napolitano said the temptation to abuse the FISA Court is too great and claimed its standards for issuing warrants is disturbingly low. (RELATED: Judge Napolitano Weights The Benefit Of Having Trump Answer Mueller’s Questions In Writing)
“I have been a critic of [the Foreign Intelligence Surveillance Act] for forty years. It’s been around since 1978. It lowers the standard for issuing a warrant,” he said.
Napolitano claimed almost 100 percent of all FISA warrant requests are granted and said the secret court is creating a rubber stamp culture within the intelligence community.
“The temptation for FBI agents instead of going to judges like I was, where you have to demonstrate probable cause of crime and the judge grills you and decides whether or not he’s going to sign the warrant — go to the FISA Court, which delivers, this number will blow you away, 99.97 percent of all warrant requests,” he said.
“Because there is no scrutiny, there is no transparency,” he added. “There is no challenge and the standard is so low.”
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