As Matthew Gertz of Media Matters pointed out, Trump's decision to denounce FISA was tweeted at the same time that "Fox & Friends" was connecting the act to Trump's ongoing woes over accusations that his presidential campaign colluded with Russian government officials.
The short answer is no. FISA Section 702 is not bulk collection, as stressed by the House Intelligence FAQ, and it can not be used to target Americans, nor anyone of any nationality who is within the United States. Warrantless surveillance of a suspected terrorist in the USA who's not an American citizen could go on for a year before the Department of Justice (DOJ) and related watchdog agencies like the National Security Administration (NSA) and Federal Bureau of Investigation were forced to obtain judicial authorization.
"The Foreign Intelligence Surveillance Act was originally meant to collect the communications of foreign targets, which is without controversy".
Trump tweeted about the program Thursday. On Thursday, White House cyber coordinator Rob Joyce said there have "been no cases of 702 used improperly for political purposes".
The FISA-created procedure, enacted in defiance of the Fourth Amendment - which makes no distinction between government evidence gathering and government intelligence gathering - permits a secret court in Washington to issue general warrants based on the government's need to gather intelligence about national security from foreigners among us.
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The FISA provision in question is a key tool used by the USA intelligence community to conduct foreign surveillance within the U.S.
The White House pushed back on WaPo's reporting, telling The Daily Caller News Foundation that there is no disconnect between Trump and Cohn's respective visions regarding infrastructure, and insisted that any suggestion to the contrary emerges from a simplistic understanding of the policy area. Ron Wyden, an Oregon Democrat, for his own amendment in the Senate, which has a little over a dozen senators from both parties as co-sponsors. The no votes included 45 Republicans. This bill also provides new, rigorous measures to protect Americans' privacy and to ensure the program is used properly to target foreign terrorists, weapons proliferators, and other threats to Americans' safety and security.
And at the White House news briefing on Thursday, Sanders disputed the idea that there was a conflict between two Trump's morning tweets on the wiretap law.
House Intelligence Committee Chairman Devin Nunes, a California Republican, called the House passage of the measure "a big step to ensure the continuation of one of the intelligence community's most vital tools for tracking foreign terrorists".
But with his Thursday morning tweet, Trump seemed to be conflating Section 702 with the broader FISA law, which governs a variety of surveillance and intelligence activities.
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Schiff suggested a vote on the bill should be delayed until the White House's position can be ascertained. In addition, if federal authorities are already investigating a U.S. person, they may cross-check that person's information against the 702 database.
" I will tell you this, the Bill of Rights is something worth filibustering over, and the idea we should have a judicial warrant before searching an American's records is worth filibustering for", Paul said.
Allan Kornblum was not just an advisor to the court; he actually helped author the FISA Act itself.
House Speaker Paul Ryan took a phone call from the President about his tweet and the surveillance issue, a source familiar with their conversation said, though they didn't discuss Trump's follow-up message about unmasking.
"This morning he put out two tweets that were so undermining of what we were trying to do of the floor in terms of FISA", she said.
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That's despite his administration expressing support for renewing the program. Trump charged that the FISA law had been used to get a warrant to spy on his campaign.