An excerpt from Fordham Law Center on National Security Director Karen Greenberg‘s new book Rogue Justice: The Making of the Security State appeared in The National Memo.
The bar for domestic surveillance might once have been high, but that was before 9/11, the Patriot Act, and the Protect America Act, and, wrote Judge Selya, “that dog will not hunt” any longer. “The interest in national security is of the highest order of magnitude,” he explained. So long as the “purpose involves some legitimate objective beyond ordinary crime control,” he continued, there is a “foreign intelligence exception to the Fourth Amendment’s warrant requirement.”