It’s clear that a secret process, and a complacent judiciary which has elevated prosecutors and members of law enforcement onto a dangerous perch, provides no safety.
It has become clear that a secret, non-adversarial system of judicial review is an insufficient check to our intelligence agencies and law enforcement. When express disagreement on a foreign policy issue — namely the current sanctions against Russia — form even part of the basis of an allegation which meets the bar for a probable cause warrant, there is something terribly wrong with the current system. The health of our political system depends on the ability to express an unpopular opinion without official recrimination.
Unfortunately the growing number of transgressions against people, like Carter Page, remain hidden behind a veil of secrecy. Officials speak of safeguards, but it’s clear that a secret process, and a complacent judiciary, which has elevated prosecutors and members of law enforcement onto a dangerous perch, provides no safety. The FISC, where the warrant for Page was issued, has grown particularly notorious for granting broad surveillance authority based on little, or in some cases, no evidence. Out of more than 39,000 applications presented to the FISC through the end of 2016, only 51 have been rejected, with the majority, 34, of those rejections coming in 2016.
While most FISC warrants remain classified, the few which have emerged through leaks, or been forced into the public domain by First Amendment lawsuits, paint a rather bleak picture. These warrants tell us the FISC has issued “mass” warrants which permit government surveillance based on statistical “selectors.”