The Supreme Court of the United States is set to consider shutting down a legal challenge that would let the U.S. eavesdrop on overseas communication. But according to Judge Napolitano, it may just be more hypocrisy from the Obama administration to try to keep the same type of monitoring of our freedoms that Bush was criticized for having.
During the Bush administration, Congress amended two laws, Napolitano said – the Patriot Act and the Fraud Intelligence Security Act… which allow a Federal court to listen to conversations of foreign nationals without any allegations against them, whether inside or outside the United States. The problem, according to the judge, is that some of these conversations are with Americans, who are technically protected by the Fourth Amendment, which says there has to be probable cause for the crimes.
Also, Judge Napolitano said that President Obama is, as president, not only defending this action but is saying it can’t be challenged in courts … and he’s using it more often than President Bush ever did. This is a direct difference from his time as senator, in which he spoke out against such actions.