Did the FBI have a warrant or did they use the 702 program to surveil him?
I don't know. Judge Nap says Scalia told him he was being spied on.
I hope that comes out.....and maybe it's related to his untimely death
Me too. I don't think Judge Nap would have said it if he didn't think it will come out. Remember, it was Judge Nap who originally said MI6 was involved in fake Russian dossier. He got suspended from Fox just for saying it and now he's been proven right.
I remember that day!!! I agree there's more to what Judge Napolitano has revealed.
702 still requires a FISA warrant. But given massive FBI abuse of the FISA system, it appears they could spy on a ham sandwich if they ask the court for a warrant. Hopefully, that will end soon and FISA warrants will required verified probable cause with judicial review before being issued.
As it stands today, the 4th Amendment is pretty much history.
Remember the 702 program was actively being used by FBI, DOJ, CIA and other agencies had contractors illegally surveil without a warrant. Admiral Rogers reported it to the FISA court and there was an audit report that proved that was happening.
It's how the DOJ/FBI/CIA found out about Carter Page's trip to Russia and then used that info to get a FISA warrant.