‘Blatantly Unconstitutional!’: Judge Nap Battles Varney …
Judge Andrew Napolitano and Stuart Varney had a lively debate (video above) on FBN this morning after the NSA's bulk collection of phone records was found to be illegal.
A federal appeals court ruled that the NSAcannot collect the phone records of millions of Americans under the current version of the Patriot Act.
The Wall Street Journal reports:
The NSA has used the Patriot Act to justify collecting records of nearly every call made in the U.S. and entering them into a database to search for possible contacts among terrorism suspects.
The scope of the program was revealed when former NSA contractor Edward Snowden leaked documents describing the program, triggering a national debate over the extent of the data collection.
The ruling by the three-judge panel in New York comes at a delicate point in the national debate over government surveillance, as Section 215 of the Patriot Act is due to expire next month and lawmakers are haggling about whether to renew it, modify it, or let it lapse.
Varneyasked the judge whether authorities would be able to go back and look at illegally-obtained data in the event of a terrorist attack.
Napolitano said that probably would not be legal, but added that the NSA would likely do it anyway in that situation.
"I would say do it and you would not," Varneysaid.
Napolitano explained that "federal spies" failed to stop the two gunmen that attacked a Muhammad cartoon contest in Garland, Texas, last weekend.
He argued that the government is missing suspects because it's collecting far too much unnecessary information.
"It's a failure of principle because it gives the NSA too much to go through. The Constitution limits them to probable cause. If they followed the Constitution, they would only be going after the bad guys," said Napolitano.
He said the broad surveillance tactics are "blatantly unconstitutional," and even if Congress would like to, they "cannot change the Constitution."
Watch the debate above.
Napolitano also reacted on "America's Newsroom," explaining that it's now up to Congress to decide whether to allow the massive surveillance to continue.
The court is not blocking the program, instead letting Congress take action one way or the other on renewing or modifying the Patriot Act.
"Congress must move by the end of May or this law expires and the NSA spying will stop dead in its tracks," Napolitano said.
There could now be an appeal of this particular ruling, which would then take the case to the Supreme Court.
Napolitano said that right now, the law doesn't allow bulk collection without an individual warrant.
He recalled that in the weeks after the 9/11 attacks, the Bush administration allowed the spying to be conducted based on a provision of the Patriot Act.
"Without anybody knowing it, President Bush took a clause of the Patriot Act, had his lawyers give an interpretation to it that said, 'the NSA can listen in on every phone call, and read every text message and every email.' Fast-forward to today and a federal appeals court in New York City ruled that's an improper interpretation of the act. Congress never authorized it. The NSA spying is illegal," the judge said.
Watch Judge Napolitano's analysis on "America's Newsroom" below.
See the original post here:
'Blatantly Unconstitutional!': Judge Nap Battles Varney ...
- Filipinos aware of civilian supremacy over military NSA Ao - Philippine News Agency - October 28th, 2025 [October 28th, 2025]
 - Sonam Wangchuk says his words were twisted to justify his NSA detention - The Statesman - October 26th, 2025 [October 26th, 2025]
 - Nokia and stc pioneer the first commercial 5G NSA Cloud RAN deployment in the MEA region - ZAWYA - October 26th, 2025 [October 26th, 2025]
 - China accuses NSA of multi-year hack targeting its national time systems - Nextgov/FCW - October 23rd, 2025 [October 23rd, 2025]
 - Cybersecurity News: AWS outage, NSA hacking accusations, High risk WhatsApp automation - CISO Series - October 23rd, 2025 [October 23rd, 2025]
 - Hackers Say They Have Personal Data of Thousands of NSA and Other Government Officials - Homeland Security Today - October 23rd, 2025 [October 23rd, 2025]
 - AWS outage, NSA hacking accusations, High risk WhatsApp automation - LinkedIn - October 23rd, 2025 [October 23rd, 2025]
 - Palestinian President Mahmoud Abbas: No Concessions Were Made In The Oslo Accords 1.85 Million Palestinians Returned To Their Homeland;... - October 23rd, 2025 [October 23rd, 2025]
 - NSA to partner JKG to drive sports technology through Artificial Intelligence - GhanaWeb - October 23rd, 2025 [October 23rd, 2025]
 - China claims NSA hacked its national timing systems using 42 "special cyber weapons" - TechSpot - October 23rd, 2025 [October 23rd, 2025]
 - US NSA alleged to have launched a cyber attack on a Chinese agency - csoonline.com - October 21st, 2025 [October 21st, 2025]
 - Hackers Say They Have Personal Data of Thousands of NSA and Other Government Officials - 404 Media - October 21st, 2025 [October 21st, 2025]
 - China says it has foiled a series U.S. cyberattacks on its critical infrastructure Ministry of State Security says it has 'irrefutable evidence' NSA... - October 21st, 2025 [October 21st, 2025]
 - China claims the NSA conducted cyberattacks on its national time center - Engadget - October 21st, 2025 [October 21st, 2025]
 - China claims the US NSA conducted cyberattacks on its national time center - TechRadar - October 21st, 2025 [October 21st, 2025]
 - Donald Trump's ex-NSA John Bolton indicted; charged over mishandling classified information; Trump calls - Times of India - October 19th, 2025 [October 19th, 2025]
 - Trump critic and former NSA adviser John Bolton indicted on classified documents charges - MLive.com - October 19th, 2025 [October 19th, 2025]
 - NSA Accused of Stealing Secrets from Chinas National Time Centre - Modern Diplomacy - October 19th, 2025 [October 19th, 2025]
 - Ex-Donald Trump NSA John Bolton Indicted: All About The 18 Charges - NDTV - October 19th, 2025 [October 19th, 2025]
 - Explained: What are the charges against ex-US NSA John Bolton? What next? - Firstpost - October 19th, 2025 [October 19th, 2025]
 - Former Trump NSA John Bolton Indicted On 18 Counts For Sharing Classified Information - Republic World - October 19th, 2025 [October 19th, 2025]
 - Ex-Trump NSA Bolton charged with storing, sharing classified information - Business Standard - October 17th, 2025 [October 17th, 2025]
 - Lt. Gen. William Hartman, acting leader of NSA and Cyber Command, will not be nominated for the dual-hat role - POLITICO Pro - October 17th, 2025 [October 17th, 2025]
 - Shaping health futures together: NSA engagement for EPW2 and Ageing is Living - World Health Organization (WHO) - October 17th, 2025 [October 17th, 2025]
 - Trump's ex-NSA John Bolton indicted over sharing US defence secrets: Was his email hacked by Iran? - WION - October 17th, 2025 [October 17th, 2025]
 - John Bolton Indicted: What are the Charges Against Trump's Former NSA? - Times Now - October 17th, 2025 [October 17th, 2025]
 - China infrastructure hacks are 'unrestricted warfare' against America, former NSA director says - Washington Times - October 15th, 2025 [October 15th, 2025]
 - Children were scared to sleep outside, many stopped going to schools: Why NSA was invoked against a rape accused in UPs Bhadohi - The Indian Express - October 15th, 2025 [October 15th, 2025]
 - Chinas Capacity to Hack the U.S. Is Growing, Former NSA and Retired Gen. Tim Haugh Warns - Homeland Security Today - October 15th, 2025 [October 15th, 2025]
 - Ousted NSA head Gen. Tim Haugh on his firing by the Trump administration - CBS News - October 13th, 2025 [October 13th, 2025]
 - China's capacity to hack the U.S. is growing, former NSA head says. Here's what they're targeting and why. - CBS News - October 13th, 2025 [October 13th, 2025]
 - China is hacking America's critical infrastructure, former NSA and retired Gen. Tim Haugh warns - CBS News - October 13th, 2025 [October 13th, 2025]
 - John Bolton, Former US NSA And Trump Critic, May Face Federal Charges Soon: Report - News18 - October 13th, 2025 [October 13th, 2025]
 - Acting US Cyber Command, NSA chief wont be nominated for the job, sources say - The Record from Recorded Future News - October 11th, 2025 [October 11th, 2025]
 - Exclusive: DOJ seeking criminal charges against Trump's former NSA John Bolton - Yahoo - October 11th, 2025 [October 11th, 2025]
 - NSA boss explains how revenue from Ghana-Mali game will be shared - GhanaWeb - October 11th, 2025 [October 11th, 2025]
 - NSA rolls out digital skills, military training and smart reforms - GBC Ghana Online - October 9th, 2025 [October 9th, 2025]
 - Overheated Solar Panel Batteries Caused Fire at NSA Chiefs Residence - liberianobserver.com - October 9th, 2025 [October 9th, 2025]
 - NSA Doval meets Brazilian counterpart to review cooperation in strategic areas | Latest News India - Hindustan Times - October 4th, 2025 [October 4th, 2025]
 - Red Hat allegedly hit by huge breach exposing major organizations, including the NSA - Cybernews - October 2nd, 2025 [October 2nd, 2025]
 - NSA officer injured after Maryland man drives through checkpoint, rams multiple police vehicles - WMAR 2 News Baltimore - September 30th, 2025 [September 30th, 2025]
 - Why should officials not be fined: HC on illegal NSA arrest - The Times of India - September 30th, 2025 [September 30th, 2025]
 - SKM demands to release Sonam Wangchuk, revoke imposition of NSA - The Times of India - September 30th, 2025 [September 30th, 2025]
 - Seoul's NSA reportedly says S.Korea unable to pay $350b upfront in investment in US for tariff deal; weaponizing alliance exposes nature of US... - September 30th, 2025 [September 30th, 2025]
 - 'Delhi banega Khalistan': Freed Khalistani terrorist out on bail in Canada threatens India, targets NSA A - The Times of India - September 30th, 2025 [September 30th, 2025]
 - Two Days After His Detention Under NSA, Sonam Wangchuks Wife Says She Is Yet to Speak to Him - The Wire India - September 30th, 2025 [September 30th, 2025]
 - Sonam Wangchuk detained under NSA: What to know about National Security Act - The Indian Express - September 28th, 2025 [September 28th, 2025]
 - Evercore ISI Raises PT on National Storage Affiliates Trust (NSA) to $32, Maintains an Underperform Rating - Yahoo Finance - September 28th, 2025 [September 28th, 2025]
 - Sonam Wangchuk Arrested under NSA: Ladakh admin explains why he was moved to Jodhpur jail - Mint - September 28th, 2025 [September 28th, 2025]
 - NSA whistleblower Reality Winner on rebuilding her life in new memoir - MSN - September 21st, 2025 [September 21st, 2025]
 - Assessing the Valuation of National Storage Affiliates Trust (NSA) After Recent Share Price Moves - simplywall.st - September 19th, 2025 [September 19th, 2025]
 - NSA Warns iPhone And Android UsersClose All Apps If You See This - Forbes - September 17th, 2025 [September 17th, 2025]
 - US' Ex-NSA John Bolton: Trump Should Call Modi, Fix Relations, And Visit India For QUAD Summit' - Times of India - September 17th, 2025 [September 17th, 2025]
 - 'Come To India': Ex-NSA's Words Of Wisdom To Trump On Tariff, Indo-US Ties - Times of India - September 17th, 2025 [September 17th, 2025]
 - Video NSA whistleblower Reality Winner on rebuilding her life in new memoir - ABC News - September 17th, 2025 [September 17th, 2025]
 - Former US NSA calls India proud and strong, criticises Trumps India strategy - The Shillong Times - September 17th, 2025 [September 17th, 2025]
 - Video | Ex-US NSA's Explosive Interview: 'Navarro Keeps Picking Fights' - NDTV - September 15th, 2025 [September 15th, 2025]
 - NSA, EFCC, DSS urged to probe alleged funding of bandits in Zamfara - The Guardian Nigeria News - September 15th, 2025 [September 15th, 2025]
 - Ex-US NSA Reveals Navarro Once Attempted Confrontation Between Donald Trump, PM Modi - News18 - September 15th, 2025 [September 15th, 2025]
 - Navarro tried to provoke Modi-Trump clash, claims ex-US NSA; says India should ignore the sideshow - Moneycontrol - September 15th, 2025 [September 15th, 2025]
 - 'Erratic behaviour': Ex-US NSA John Bolton slams Trumps India tariffs; rejects claim of brokering India- - The Times of India - September 13th, 2025 [September 13th, 2025]
 - Unqualified to be US Ambassador to India: Ex-US NSA slams Sergio Gor nomination; dismisses Navarros re - The Times of India - September 13th, 2025 [September 13th, 2025]
 - Trump's not thinking about the effects of his actions: Ex-US NSA John Bolton - The Times of India - September 13th, 2025 [September 13th, 2025]
 - NSA leaker Reality Winner is rebuilding her life -- and looking back at her past - NPR - September 13th, 2025 [September 13th, 2025]
 - India should see Trump as one-time proposition: Ex-US NSA John Bolton flags number of concerns on Indian side - Mint - September 13th, 2025 [September 13th, 2025]
 - Peter Navarro Tried To Start Fight Between Trump, PM Modi: Ex US NSA - NDTV - September 13th, 2025 [September 13th, 2025]
 - 'Erratic behaviour': Ex-US NSA John Bolton slams Trumps India tariffs; rejects claim of brokering India-Pak peace - MSN - September 13th, 2025 [September 13th, 2025]
 - India should see Trump as one-time proposition and act in its national interest: Ex-US NSA John Bolton - Tribune India - September 13th, 2025 [September 13th, 2025]
 - Cyber Command, NSA to remain under single leader as officials shelve plan to end 'dual hat' - The Record from Recorded Future News - September 11th, 2025 [September 11th, 2025]
 - Cyber Command, NSA to remain under the leadership of one person - SC Media - September 11th, 2025 [September 11th, 2025]
 - CISA, NSA and Partners Release Shared Vision of Software Bill of Materials for Cybersecurity Guide - Homeland Security Today - September 11th, 2025 [September 11th, 2025]
 - New Research Reveals How NSA is Affecting Providers, Consumers - MedLearn Publishing - September 11th, 2025 [September 11th, 2025]
 - NSA, CISA and others urge for unified approach to strengthen cybersecurity resilience - Digital Watch Observatory - September 9th, 2025 [September 9th, 2025]
 - Federal firefighter stationed at NSA Portsmouth saves passenger in cardiac arrest with life-saving CPR during flight - KREM - September 9th, 2025 [September 9th, 2025]
 - NSA Director-General reassigned to Ministry of Finance - GhanaWeb - September 9th, 2025 [September 9th, 2025]
 - Federal firefighter stationed at NSA Portsmouth saves passenger in cardiac arrest with life-saving CPR during flight - ABC10 - September 9th, 2025 [September 9th, 2025]
 - Federal firefighter stationed at NSA Portsmouth saves passenger in cardiac arrest with life-saving CPR during flight - 12News - September 9th, 2025 [September 9th, 2025]
 - Federal firefighter stationed at NSA Portsmouth saves passenger in cardiac arrest with life-saving CPR during flight - 13newsnow.com - September 6th, 2025 [September 6th, 2025]
 - Trump expected to nominate Lt. Gen. William Hartman to lead NSA, Cyber Command - Politico - September 5th, 2025 [September 5th, 2025]
 - Trumps personal rapport with PM Modi is gone, says former US NSA John Bolton; warns ties wont shield le - The Times of India - September 5th, 2025 [September 5th, 2025]