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FNC senior judicial analyst Judge Andrew Napolitano on a report that the government may allow spy agencies to gather private financial information.
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Legal Fox News senior judicial analyst judge Andrew -- -- -- -- joins me now judge.
Come on this is got to be an infringement on our personal liberties.
Well it is it is -- and there's two issues here one is is it legal under current federal law.
And the other is is it constitutional even if it's legal so let me break this down.
It's legal because congress has set its legal -- statutes that were enacted before and since 9/11.
The federal government authorized itself.
To gather information from us without using search warrants financial information.
To store it and to share it -- other aspects of itself but prior to today.
The -- that the presidents of the United States have told us if you trust them.
That they will keep that information just in the hands of the FBI and the treasury -- part that doesn't make less feel any better.
Well no it doesn't -- them right.
But the but the FBI has indicated that because this information was not obtained by -- search warrant it it can't use it.
In a federal prosecution because they know that a judge wouldn't permit them to do so.
So -- yesterday collecting it.
Because the government wants to know what we're doing the government's looking for a needle in the haystack because -- the government is going to let.
The FBI and the Treasury Department share what the 1616.
Federal spy agencies that we know of then between those agencies they will have all the financial and personal information about all 330 million Americans particularly.
They'll have records of every bank deposit and every check cashing that any of us right ordinary innocent course of our commercial dealings has engaged in.
And they will have that information when they're not entitled to it because though its legal its -- friendly unconstitutional.
Because the statutes that make it legal.
Violate the constitution.
And the basic law of the land is when a statute says the government can do something and the constitution says it can't the constitution prevails.
Well finally get to the not right at me you think it's unconstitutional.
I couldn't tell you can you know this information that is already being collected and and and storage and stashed it's it's never.
Parts of their never -- -- taken away you don't take out the names of innocent Americans that might appear in some of this data alongside the names of bad guys.
Why do these agencies need this that.
The Treasury Department says an important aspect of the US department of the Treasury's mission is to detect and thwart threats to our national security.
Including financial crime and terrorism.
So do you think this helps that goal or do you think it's overreach.
Well I mean what would the country have less crime.
If a couple of police could break down every door on a whim and arrest people on a whim and prosecute them and convict them about a trial.
Yes we -- but who would want to live in a country like that.
Government is always looking for short cuts government used the constitution as an obstacle not as the supreme law of the land.
So if you give a little bit of power to the government it will find a way to expand that power.
And to make its job easier is it easier for them to get information about us just by demanding it.
Rather than going to a judge and presenting evidence of why they need it and getting a search warrant of course it is.
And if they can find a way around the constitutional obligations they will do so.
Yesterday we learned that they're going to do so on a massive scale to all Americans who engage in financial transactions.
The people should not accept it.
But the kicker Jerry has unless the government finds information about UN tells you they have it or uses it against your attempts to -- a criminal prosecution.
You won't know they have it so you won't be in a position to go to a judge to get the judge to stop them.
This is -- this is a catch 22 that will be going on and on and on until we have a president.
-- congress that honors the constitution which they've sworn to uphold.
-- to trade up you're not willing to make judge thanks for coming on today it's always a pleasure having you on the show thank you -- my pleasure to be with you Gerri thanks for having.
