After reports that Hilary Clinton’s former lawyer Michael Sussman was indicted for fabricating a national security threat, Sen. Rand Paul (R-KY) looked for someone to blame. In a hearing Tuesday, Paul blamed the Federal Bureau of Investigation Director Christopher Wray for using unconstitutional methods in the Durham probe. The Kentucky Senator aimed all his questions during the Senate Homeland Security Committee to Director Wray.
“When we investigate a presidential campaign,” Paul began, “I think it’s important that we realize the potential for bias that exists in the people bringing an investigation forward.”
As a result of the Durham report being brought to the FISA courts, the investigation was able to bypass constitutional procedure. The U.S. Foreign Surveillance Court does not require the Constitution’s fourth amendment application. In other words, the court does not demand for any probable cause of a crime.
“And I think that’s what happened during the investigation that turned out to be untrue of the Russian collusion,” Paul said. “So we had a massive investigation of a presidential campaign. I don’t think enough of us have stepped back to say ‘my goodness should we be using FISA warrants? Should we be using that type of warrant on an American?’” After all, Americans are entitled to their fourth amendment rights.
“What that inspector general report describes by certain FBI personnel I consider to be unacceptable and unrepresentative of the FBI that I see every day,” Wray said. While he worked for the bureau for four years after Sept. 11, he took a break to work in the private sector. then, he joined the bureau again in 2017. Wray went on to say that he believes another botched investigation “could never happen again.” However, he put in over 40 corrective measures to ensure that it won’t.
Yet Paul pushed back, saying the FISA court functions on a “much lower standard, much more open to abuse.” In addition, the court isn’t a public court or judges to protect defendants. His solution is to reserve the court for foreigners as he claims it was meant to be. Otherwise, he predicted any U.S. president could be next.
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