Judging Freedom

**SPECIAL** w/ Harrison Berger : Trump Seeks to Extend Domestic Spying Powers He Once Condemned

Mar 5, 2026
Harrison Berger, journalist focused on civil liberties and national security, explains the origins and expansion of FISA Section 702. He traces bipartisan support and key votes that extended surveillance powers. They cover NSA bulk collection, backdoor searches, reported FBI abuses, proposals to broaden 702, and the risk that powerful surveillance tools will be used by future administrations.
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ANECDOTE

Trump Said They Twisted My Arm

  • Andrew Napolitano recalled persuading President Trump to veto a Patriot Act extension on live TV.
  • Trump posted a veto message then later said "they twisted my arm," illustrating pressure from the security state.
INSIGHT

Section 702 Legalized Warrantless Programs

  • FISA Section 702 retroactively legalized parts of Bush-era warrantless surveillance after 9/11.
  • That program swept in Americans' communications when targeting foreigners, undermining Fourth Amendment protections.
INSIGHT

NSA Motto Was Collect It All

  • The NSA's internal culture prioritized mass collection with mottos like "collect it all."
  • Courts later found bulk collection and certain 702 uses unconstitutional, yet renewals keep happening.
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