A story flew under the radar last week: Michael Horowitz, the Department of Justice Inspector General, admitted that the FBI, by exploiting the Foreign Intelligence Surveillance Act (“FISA”), conducted warrantless searches of the communication records of around 3.4 million Americans. That’s appalling news, of course, but the Babylon Bee could still see the funny side and deservedly insult the FBI at the same time.
One of the worst things the British did to the colonists in the lead-up to the American Revolution was to conduct warrantless searches. If they suspected anyone of any wrongdoing, they gave themselves carte blanche to look at everything the person touched, whether at home or at work. That’s why the Fourth Amendment is so specific about the government’s right to search through citizens’ dwellings and possessions:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
An explicit mandate against government overreach didn’t stop the FBI. During a hearing last week, Rep. Matt Gaetz elicited from the DOJ’s IG, Michael Horowitz, the admission that the FBI has been spying on millions of Americans:
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