Andrew Napolitano on the NSA and Probable Cause



Last week, Robert S. Litt, general counsel for the Office of the Director of National Intelligence, which runs the National Security Agency (NSA), complained that presenting probable cause about individuals to judges and then seeking search warrants from those judges to engage in surveillance on those individuals is too difficult. This is a remarkable admission from the chief lawyer for the nation's spies, Andrew Napolitano points out. Litt and the 60,000 NSA employees and vendors who have been spying on us have taken oaths to uphold the Constitution. There are no loopholes in their oaths. Each person's oath is to the entire Constitution—whether compliance is easy or difficult. Yet the "too difficult" admission has far-reaching implications.