Senator Mike Lee Questions Nominee on Warrantless Backdoor Searches

FISA Section 702 and Backdoor Searches

• 💡 Senator Mike Lee expressed concern over 'de facto warrantless backdoor searches' of U.S. persons' communications incidentally collected under FISA section 702.
• 🎯 He questioned Assistant Attorney General nominee John Eisenberg on whether he shares these concerns, referencing a similar conversation with Attorney General Bondi.
• 🔑 Eisenberg stated he agrees such searches raise issues but needs to study the current protections within the National Security Division (NSD) if confirmed.

Concerns with Internal Protections

• ⚠️ Senator Lee highlighted that despite assurances from FBI officials over 14 years, abuses have been discovered, suggesting internal protections are insufficient.
• ⚖️ He believes Congress needs to act to provide additional protections, as internal measures have failed to adequately address the issue.
• 📌 The current situation is seen as incompatible with the Fourth Amendment's letter and spirit.

FISA Court and Process Reforms

• 🔍 Eisenberg indicated that if confirmed, he would study the FISA court and process to identify potential reforms.
• ✅ He aims to assure the American people that privacy protections are effectively working, but needs to investigate the specifics upon joining the NSD.

Non-Delegation Doctrine and Congressional Power

• 🏛️ Mr. Schumate discussed concerns about Congress's chronic delegation of lawmaking power, referencing Article 1, Section 1 of the Constitution.
• 💼 He cited a case challenging the OSHA statute on the grounds of violating the non-delegation doctrine, where Congress improperly delegated legislative power to the executive branch.
• 📈 The case, though unsuccessful in the Sixth Circuit, reinforced the importance of the separation of powers and each branch staying within its proper role.
• 📊 The sheer volume of regulatory text issued annually by unelected bureaucrats, estimated to cost the economy trillions, underscores the significance of this issue.