Tom Drake
👤 PersonAppearances Over Time
Podcast Appearances
I say, wait a minute. This is the attorney. The attorney inside the Office of General Counsel who happened to be read into the program.
I say, wait a minute. This is the attorney. The attorney inside the Office of General Counsel who happened to be read into the program.
I say, wait a minute. This is the attorney. The attorney inside the Office of General Counsel who happened to be read into the program.
Yes. Right there. Yeah. Now, hot pursuit, that is allowed. Hot pursuit was allowed under FISA for a short period of time. Oh, okay. It was. It wasn't, yeah, exigent, but there was a legal standard built into FISA, Fourth Amendment compliant, but you could temporarily, because sort of the immediacy of it, you could actually go after, surveil a U.S. person. What if they were intending harm?
Yes. Right there. Yeah. Now, hot pursuit, that is allowed. Hot pursuit was allowed under FISA for a short period of time. Oh, okay. It was. It wasn't, yeah, exigent, but there was a legal standard built into FISA, Fourth Amendment compliant, but you could temporarily, because sort of the immediacy of it, you could actually go after, surveil a U.S. person. What if they were intending harm?
Yes. Right there. Yeah. Now, hot pursuit, that is allowed. Hot pursuit was allowed under FISA for a short period of time. Oh, okay. It was. It wasn't, yeah, exigent, but there was a legal standard built into FISA, Fourth Amendment compliant, but you could temporarily, because sort of the immediacy of it, you could actually go after, surveil a U.S. person. What if they were intending harm?
What if it was that immediate?
What if it was that immediate?
What if it was that immediate?
That's one reason it was there. That was actually in the FISA. All that was bypassed. I mean, bypassed meaning it was going to be a permanent, warrantless, basically a general warrant, which is actually unconstitutional. Now, some would say, people even then said, Tom, you don't understand. You didn't make the decision. Shut up. Be quiet. things will take care of themselves. This is the crisis.
That's one reason it was there. That was actually in the FISA. All that was bypassed. I mean, bypassed meaning it was going to be a permanent, warrantless, basically a general warrant, which is actually unconstitutional. Now, some would say, people even then said, Tom, you don't understand. You didn't make the decision. Shut up. Be quiet. things will take care of themselves. This is the crisis.
That's one reason it was there. That was actually in the FISA. All that was bypassed. I mean, bypassed meaning it was going to be a permanent, warrantless, basically a general warrant, which is actually unconstitutional. Now, some would say, people even then said, Tom, you don't understand. You didn't make the decision. Shut up. Be quiet. things will take care of themselves. This is the crisis.
Sometimes we, you know, we have to do things differently. I kept talking. So back to the conversation with this attorney, I said, well, then why don't we go to Congress? Congress legislates. One of the things that's happening now, you see this in Trump 2.0, where even Congress, you get into this whole thing about can executive override or can they re, well, that's another conversation.
Sometimes we, you know, we have to do things differently. I kept talking. So back to the conversation with this attorney, I said, well, then why don't we go to Congress? Congress legislates. One of the things that's happening now, you see this in Trump 2.0, where even Congress, you get into this whole thing about can executive override or can they re, well, that's another conversation.
Sometimes we, you know, we have to do things differently. I kept talking. So back to the conversation with this attorney, I said, well, then why don't we go to Congress? Congress legislates. One of the things that's happening now, you see this in Trump 2.0, where even Congress, you get into this whole thing about can executive override or can they re, well, that's another conversation.
Legislates, if the law of the land and FISA, which applies in this case, is no longer sufficient, Remember, they passed the Patriot Act a couple months later, actually late October, which is another component in all this.
Legislates, if the law of the land and FISA, which applies in this case, is no longer sufficient, Remember, they passed the Patriot Act a couple months later, actually late October, which is another component in all this.
Legislates, if the law of the land and FISA, which applies in this case, is no longer sufficient, Remember, they passed the Patriot Act a couple months later, actually late October, which is another component in all this.
To begin legalizing what was, okay, to begin legalizing, they did through acts, which is ex post facto, which in itself, ex post facto law, which in itself, that's unconstitutional. You can't pass a law to, in essence, legalize what you were doing or conducting even executive action, that was unlawful or unconstitutional, particularly if it's unconstitutional.
To begin legalizing what was, okay, to begin legalizing, they did through acts, which is ex post facto, which in itself, ex post facto law, which in itself, that's unconstitutional. You can't pass a law to, in essence, legalize what you were doing or conducting even executive action, that was unlawful or unconstitutional, particularly if it's unconstitutional.