SURVEILLANCE STATE: The FBI’s secret warrant to surveil Carter Page should scare all Americans and spur reform. “A secret, non-adversarial system of judicial review is an insufficient check to our intelligence agencies and law enforcement.”

When a physical search occurs in accordance with American criminal law, law enforcement must show probable cause and obtain permission from a judge, and then present a given suspect with a warrant, and a receipt for the items removed. When law enforcement wants to obtain a criminal wiretap, they similarly have to show probable cause to obtain a warrant, carefully collect information related to potential crimes, and then disclose that information if charges are wrought. The key difference, is that with the latter, the suspect will only discover they’ve had their privacy violated after they’ve been indicted. With a FISC warrant, it’s possible a suspect will never find out, even if charges are eventually filed.

In the case of Carter Page, his private life was monitored, for almost a year, without his knowledge, and then placed on display for strangers at the FBI to peruse, all based on a suspicion that he was colluding with Russia. On the basis of hearsay, business associations, and possibly Page’s political opinions, the FBI received a classified surveillance warrant and then renewed it three times. And yet, Page was never officially charged — suggesting that, even given the ability to surveil him in ways that might make the general public cringe, the FBI was never able to find enough evidence for a single crime.

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