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-- an Apollo Apollo and judge this story on -- unfolds.
Will you -- I know you've said that he's a hero.
I have but at the same time it if he start -- he he just said basically this what they're doing.
He did is he did not release documents he's not a private Manning.
Yet would that change your opinion if he starts releasing names of CIA people which Peter King has been all concerned about.
I don't know that he's in a position to do that I believe that he has shared a lot of documents with Glenn Greenwald.
The -- journalist who wrote the stories and the -- in the guardian -- picked up in the Washington Post.
I think they're Greenwald is a very responsible journalists and probably wouldn't release names but I object.
-- the focus.
On Snowden as a person as a as a human being.
And trying to analyze his motivations the reason I do that is it takes our eye off the ball.
The IA should be on the ball of the most outrageous extensive.
Violation of the constitution in peace time.
In the history of the country.
To divert attention from that to.
Well the guy got out of the -- inherently is a high school dropout area really is an effort to to blame the messenger for the -- nation of the mess.
You -- ask you know you have to have a villain if you're going to be the victim.
If you're a victim I the president I'm the victim of this time the government on the victim of this I have to have a villain and -- is.
It's noted that victim is everybody whose emails and and texts and phone calls were -- -- by the government yes and the villain.
Is that congress for enacting legislation that permitted it to happen the NSA lawfully followed the Patriot Act the Patriot Act is the most DM a bowl.
Hateful unconstitutional piece of legislation since clearly an -- -- it's it's set sensenbrenner says they've they went way beyond he was -- he was one of the authors of the -- -- act and he said.
They went beyond that are we -- -- -- is that -- this is going to go.
Look we started out with the Fourth Amendment you want -- search warrant your present probable cause of crime.
And the evidence must quote particularly describing.
The place to be searched -- the person or thing to be -- close quote.
I -- quote precisely from the Fourth Amendment.
Then that -- comes along and they lower probable cause of crime to probable cause of being a foreign agent.
Then they lowered and they amended -- -- two probable cause of being a foreign person.
Then the Patriot Act came along and lower the bar again to probable cause of speaking to a -- -- So we've gone from probable cause of crime.
As the basis for a search warrant to probable cause of speaking to a far they don't bear any rational or illegal resemblance to each.
At at the same time the court of public opinion is at first they sit well this metadata stuffy not too worried about the majority said big deal.
Until the word came out that maybe these Internet providers where all of a sudden allowing them to look.
Or have access to your Gmail is your photos your documents and things like that.
But let me ask you a legal question though because there's a ton of cases.
That are coming to the courts -- everybody's suing and Rand Paul is one of them this is I'm gonna go right to the Supreme Court tell me about that process and do you have.
You have hope that the the the judicial branch of the government will will do the right thing I.
Don't because they don't like to hear these cases they'll they they like the political question doctrine.
Which is basically a way for them to say this is not properly before us if you don't like -- the executive -- is doing vote for a new president.
Some of them might very well say I realize the Patriot Act was validly enacted.
And it is lawful but it's profoundly unconstitutional.
We're going to win validate this challenge portion.
Of the Patriot Act and and the NSA ought to of known it was unconstitutional.
I don't think these litigation will succeed that's kind of what do you think they'll succeed in making a point but I don't think they'll succeed in getting damage so that's what that's what justice Thomas and in obamacare was.
If you don't like this go vote for some new members of congress.
But you know can you think of two presidents more opposite in their value judgments than George W.
Bush or Barack Obama and yet they did nearly the same thing with respect to national security in fact.
Which didn't even follow the law the end in the initial NSA spying was without any warrants from the fires -- -- -- Obama to his credit.
And my value judgment is not the same as -- you know that happened long stretch at.
At least follow the law and went to the -- a court unconstitutional though it may be.
He did go to the -- -- court and he did follow the law but the problem here it is.
We have the natural right to be left of loan.
Quote privacy Jefferson quote -- the right to be left alone that's why we have the Fourth Amendment the more so that we don't have dragnet and fishing expeditions like yeah British soldiers used to -- to less is more of government.
Monitors people the less the people can do it did it just put too wet blanket on his but I got to go back this isn't the first time and -- I was flipping through.
The book that you wrote I don't know six months ago -- Theodore and would grow about Theodore Roosevelt and Woodrow Wilson and you went through would excoriated them about the fact.
That they just stop all over the constitution -- this is the first time.
Erected not knowing that they stomp on the constitution they boasted about it.
They the modern era presidents deny that they're stomping on the constitution.
Wilson and and Roosevelt boasted about it Roosevelt started the FBI.
After the congress rejected it.
He just put aside some money in the Justice Department -- you you you when you're gonna start wearing badges and guns and I'll tell you what to do was almost like a private.
Paid for out of the federal treasury after the congress said no we don't need a federal police department it's not the job of the -- to have cops.
But and then he posted about it.
All right but I mean so I use them and we're going to talk about Lincoln later in the program the Lincoln ran rough shot right over previous -- for -- In the end it's always been my impression that presidents have in time a war generally.
Have gone off the rails constitutionally and the courts come along and bring him back but -- He surprised me that your that you oral branch of government you're not.
And I'm not all of you not not all of my colleagues.
Share of the reference for the constitution.
That I do when I can't speak for them I can only speak for myself.
I can also speak for the plain language of the constitution there is no exception in there for -- time.
The Fourth Amendment doesn't say except in time a little but they don't it in the courts are brought -- back is Mike wolf sometimes the courts have let them -- -- the record -- so.
You know the Japanese exclusion their cases the Supreme Court of the United States said that -- can arrest people.
Without a charge of cry of crime without any evidence -- probability just on the basis of their race if we that is utterly hateful condemned mobile today.
And it's still the law as he had yet to -- reverse the congress purported to.
Reverse it does bring your books yes the congress purported to reverse -- in the Reagan era.
When they paid their survivors of the Japanese internment camps 20000 dollars a person that's going to be in the interest and what they lost for the years that you -- incarcerated.
So we stomp on the path puts the -- were right at that were -- crucial.
Constitutional point in our -- we are and and maybe -- at the point where the public will say.
Enough is enough to get an Apollo Donald always great to see Tommy it's always a pleasure to -- -- what we're talking.
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