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-- -- Greg thanks very much let's take this to the judge now Fox News senior judicial analyst judge Andrew Napolitano.
-- -- you -- -- Cut.
-- wanna talk about that aspect and I wanna talk about the leaguer.
And what he said today meaning appears in you read the transcript all the questions -- -- he appears to be angry.
That the president.
Allowed so called abusive use the NSA program well I think you know that I share his view that they were abuses and I share his anger.
-- my anger wasn't -- in the way his was because I didn't know what was going on in the background or or beneath the surface.
When general clapper.
Directly and pointedly lied under oath right to a senator Wyden and day and a senate investigation committee.
Are you collecting is the NSA collecting -- vast amounts of data about millions of Americans also have signed off on this -- -- that I visited judge signed off on until a higher court says otherwise.
It's legal it's legal but it's unconstitutional.
And it's not legal for senator widened to be lied to.
General clapper -- knows how to communicate that information without lying under -- In court has said there is no privacy right over telephone records that are handled by any third party let me put it up on the screen in the seminal case Smith vs Maryland 1979.
We doubt the court said that people in general entertain any actual expectation of privacy in the numbers they dial.
All telephone users realize they must convey phone numbers to the telephone company since it is through telephone company switching equipment that their calls.
Are completed and -- judge could be said about Internet communications and because they're handled by third party.
Service provides an out of date case totally and utterly irrelevant today.
In the era of the Internet -- don't belong in the era of GPS devices in your telephones let me tell you what a phone call can tell.
The the the -- about who made the call who received it where each party was or how frequently they talks -- and then put that into an algorithm.
-- -- a preset program that will analyze and say talks this person every Tuesday at 3 o'clock suspicious pattern it -- -- about terrorist activity reveals everything if it was suspicious they -- go to -- a federal judge and get a search warrant for that -- phone right because you're going to a judge yet a second time.
To get more specific -- relate to what they should have done the first time.
Who signs a search warrant.
To let the government look at the phone records of half the country does not understand that history meaning value and purposes of the Fourth Amendment that is a dragnet and a fishing expedition which the Fourth Amendment was written to insulate -- gets to share the anger of Edwards -- in the -- I want to quote Bob chief.
He said -- put the nation at risk and when you flee the country rather than accept responsibility for your actions that's not courage.
Eighties cowardice that's Bob Hebert media you know a lot of heroes are flawed I called this young man a hero last week I called -- hero again.
I can't defend all of his personal behavior and I don't know what's going through his head but the behavior that is utterly indefensible.
Is the head of the American spies -- lying under oath to congress the president spying on half the country and not acknowledge you would agree he does not qualify under the whistleblower statute this is not misconduct.
As identified under the statute because a judge.
Signed off on it is legal does not -- -- would not agree this is misconduct of the highest sort.
For the government to do that which was which the constitution was written to prevent them from doing.
Judge and you would expect that I would change my views -- of course -- you know I don't disagree on top twenty years yes we we're not gonna change it today it's gentle politics always a pleasure no matter what we -- to thank you very much of course.
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