UPDATE REGARDING FISA MEMO

[Photo from wikipedia]

Here's a tart response today to the FBI and DOJ complaints about the FISA memo's release from the House Intelligence Commitee Chairman Devin Nunes at the House's website:

“Having stonewalled Congress’ demands for information for nearly a year, it’s no surprise to see the FBI and DOJ issue spurious objections to allowing the American people to see information related to surveillance abuses at these agencies. The FBI is intimately familiar with ‘material omissions’ with respect to their presentations to both Congress and the courts, and they are welcome to make public, to the greatest extent possible, all the information they have on these abuses. Regardless, it’s clear that top officials used unverified information in a court document to fuel a counter-intelligence investigation during an American political campaign. Once the truth gets out, we can begin taking steps to ensure our intelligence agencies and courts are never misused like this again.” 

OUCH!!  It's getting hotter in D.C. and the memo hasn't even been released yet! What do you think?!

SHOULD THE FISA MEMO BE RELEASED?

[Photo from wikipedia]

Should the controversial FISA memo be released to the public? According to news reports, the four page memo outlines FBI and DOJ abuses of their surveillance powers, in order to spy on the President's campaign and transition teams.  In a nutshell, the allegations are that agents sympathetic to the Clinton campaign utilized the largely unsubstantiated Russian "dirty" dossier, paid for by Clinton and the DNC, to apply for FISA warrants to spy on an opposition candidate (and new president) during an election year. If that happened, then this would clearly be one of the largest political scandals in American history.

The House Intelligence Committee has already voted for its release.  But the FBI and DOJ have reportedly objected to its release.  FBI Director Christopher Wray has even complained that the memo is inaccurate. However, House Speaker Paul Ryan has gone on record stating that the memo should be released in order to help "cleanse" the FBI and DOJ.

It is now up to the President.  He is reportedly having the memo reviewed, but last evening, after his State of the Union speech, he promised its prompt release.

What is your opinion? Should it be released? As a former federal prosecutor, I say let the cleansing begin!

Drones v. Right to Privacy

Drone depiction from telegraph.co.uk]

We have all seen how the U.S. military has spied upon terrorists and "brought to justice" many of them in hot spots around the world. But this post does not involve such uses of drones to nail terrorists overseas.

Instead, I want to talk to you about the trend toward widespread usage of drones by law enforcement in the United States. According to various news reports, there will be about 30,000 drones in use in this country by the year 2020. Also, according to a recent survey by the Associated Press and The National Constitution Center, 44% of Americans actually support the idea of police using drones to track and catch criminals. Only 36% reportedly opposed it, according to the survey.

I don't know about you, but as a free citizen in a democratic society, I am alarmed about this trend involving unregulated usage of drones to watch us and about popular opinion in support of it. While I am very supportive of law enforcement using all legitimate tools to catch the "bad guys," (after all, while I presently may be an Augusta, GA criminal defense lawyer, I was a federal prosecutor for over 20 years), I am worried about "Big Brother" abusing this tool to stifle dissent and otherwise to step on our Constitution!

What do you think?

Police Surveillance Cameras: Is Big Brother Watching You?

What is your opinion about the trend for police departments to install more and more surveillance cameras throughout American cities?  According to a new report by the ACLU of Chicago, there are now more than 10,000 cameras located in public places in Chicago, generally on street corners.  But the Windy City is certainly not unique! Police surveillance cameras are probably coming to your community soon, too! 

Law enforcement agencies reportedly utilize these cameras to watch gang and other criminal activity.  The cameras could also be helpful in the fight against terrorism, too.  In many cases, police can actually use the cameras to zoom in on anybody they are tracking.  In my opinion, that is where potential Fourth Amendment violations are most likely to occur.

So, what do you think about this trend?  Do you want more and more cameras watching not only the "bad guys," but also you and me, too?  As a former federal prosecutor, part of me recognizes the usefulness of cameras to law enforcement.  However, as a freedom-loving American citizen, part of me also fears the potential for abuse and invasion of privacy, too.

What is your opinion?  Do you mind if Big Brother is watching you, too?