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We're back with another edition of the
Federalist Radio Hour. Am Emily Trishinsky,

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culture editor here at the Federalist.
As always, you can email the show

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at radio at the Federalist dot com, follow us on x at FDR LST,

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and if you are interested in supporting
our work, you can go over

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to the Federalist dot com and sign
up for the premium version of our website

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as well. Today, joining us
to talk about an especially important and timely

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topic is James Tronowski. He is
with Americans for Prosperity, where he covers

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and works on tech issues, innovation
issues. He's a senior contributor over at

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Young Voices, and he is here
to help us break down all of the

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developments of which there actually are some
in the battle over section seven oh two.

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My gosh, that sounds so weedy
and nerdy, but James, thank

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you for coming on to help us
work through this. Of course, thanks

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for having me absolutely so section seven
oh two. It is weedy, it

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is nerdy, but oh my gosh, it's so incredibly important. It ends.

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The authorization for seven oh two expires
at the end of the year,

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so some reform minded, privacy minded, freedom minded members of the Senate last

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week unveiled a bill that would reform
section seven oh two before the authorization elapse

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elapses. The Biden administration and the
security state more broadly really opposes any changes

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to second section seven oh two.
They like to do the kind of national

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security emotional blackmail, saying we won't
be safe if Section O two is changed

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in any way whatsoever. Before we
dive into all of that, James,

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could you basically just refresh people's memory
on what section seven oh two is,

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the history of it, and what
it allows the government to do. Absolutely

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so. Section seven o two of
the Foreign Intelligence Surveillance Act FISA was done

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back in two thousand and eight.
This was basically a codification of some of

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the surveillance powers that we saw going
on underneath the Bush administration. This is

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one of those things that we saw
happening underneath the Patriot Act when we had

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nine to eleven happened as somebody who
was living in New York at the time

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certainly can speak back to remembering how
scary it was to be there. I

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was actually only in elementary school,
but we went into an emergency and it

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was a very wild time to be
around and you know, because of that

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fear of having that there, we
empowered you know, the National Security Apparatus

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to go and have these kinds of
surveillance powers so that they could better respond

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to threats that were happening abroad.
Section seven oh two specifically focuses on collecting

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information and communications of non US persons. Now, the problem that often comes

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up with this particular authority is that, with the way that the Internet works,

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more broadly speaking, Americans, data
is not necessarily in one location.

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It's kind of, you know,
hamized throughout the entire Internet, were broadly

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speaking, across the entire globes.
So when the intelligence community is trying to

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collect information and communications of non US
persons, it can also incidentally collect Americans

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communications and this would certainly go,
in our view, be a violation of

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the Fourth Amendment, where you're having
that right to privacy and having those protections

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against government intrusion on you when you've
done nothing wrong. So that's really what

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it's at the core of this particular
authority. We've seen it go and get

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abused in the fifteen years that it's
been around. Countless times. We've seen

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other aspects of the FISA authorities get
abused. Most notably, I think the

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ones that conservatives are most familiar with
are actually underneath title one of FSA,

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when we saw the FBI go and
abuse its authorities there to go and spy

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on Carter page. That's the one
that I think everybody's most familiar with.

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But Section SO and O two is
the one that, as you aptly noted,

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is up for reauthorization here at the
end of the year and is at

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the focus of a lot of conversations
right now. Very important topic, and

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I'm glad that we're here to go
and have a discussion about it. Yeah,

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can you tell us about the section
seven oh two database, because there's

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a lot of evidence it's been completely
misused, and there's a lot of evidence

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that, you know, what they
are collecting in the seven oh two database

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is just vast and it's not even
all as I understand it. You could

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correct me on this, James.
Some of this is data that can be

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bought, is that? Or data
that can be not necessarily bought, but

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you can sort of tap into with
permission of some of these big tech companies.

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Is that correct? Yeah, that's
certainly is part of the program.

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More broadly speaking, is that they're
able to go and buy these communications through

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third party data brokers. That certainly
is something that has been taught taught about

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quite quite expansively. And depending on
what numbers you're looking at again kind of

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as you pointed to, for the
abuses, they are vast in the degree.

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Just a couple of years ago it
was over two million, I believe

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the Memory service right communications that we're
intercepted for Americans by the FBI, and

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even by their own revised numbers that
they used for most recently it was still

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about over two hundred thousand for the
FBI, is what they were saying.

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So you're talking about vast kinds of
information and how it's been abused. Just

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to go over some of the brief
things that we've seen kind of come out

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in public reporting from PISA, court
reports and opinions you've got. You know,

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they've abused this authority to go and
spy on Black Lives Matter protesters.

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They've used this authority to go and
spy on protesters that were president at the

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capital for January sixth. They've used
this authority to spy on a sitting member

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of Congress. So they clan that's
defensive though I don't really think the Fourth

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Amendment cares whether or not the search
was defensive or not. They've gone and

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used this to go and target donors
to a political campaign, nineteen thousand of

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them as a matter of fact.
So we've seen rampant and repeated abuses.

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And every single time that this happens
and they get their hands caught in the

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constitutional cookie jar, if you will, the intelligen community always comes down and

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says, well, you know,
this was this was a very particular set

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of circumstances, and this this never
happens otherwise, and we've taken internal reform

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measures to make sure that something like
this never happens again, until it happens

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again, of course, and then
we're back having the same conversation time and

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time again. And I think that
the problem that kind of persists here is

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that when I'm looking at it,
whether you're a conservative or liberal or progressive,

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you know, I think that the
bigger problem here is that these are

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the very institutions that are meant to
be protecting the Americans, you know,

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national security, our public safety right
and when you see that our intelligence community

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more broadly speaking, is using and
abusing this authority and then when they aren't

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using and abusing this authority, that
the people that did it aren't really being

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held accountable. It undermines your trust
in the very institutions that are meant to

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be keeping you safe, and I
think that that's actually very dangerous. I

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don't think that you want to be
in that position in the long run.

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So that's why it's actually really great
that we see, you know, the

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Senators and members of the House of
Representatives that came together last week to unveil

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that reform package is so important because
that's what they're trying to tackle here.

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I think they rightly realize that these
abuses they just can't continue as it's currently

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going on. That we need to
go and restore the public trust in these

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institutions, right And that's why I
think that at the end of the day,

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this is very important and we can't
just keep letting the status quo continue

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on. The Senate right now is
actually considering trying to do something as a

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short term reauthorization to Section SEVENO two
within its proposal for the continuing Resolution.

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So that's that just goes to show
just how strong the intelligence community has when

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it comes to members of Congress trying
to you know, safeguarded its authorities there.

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So I think that that's something that
we also have to keep in mind.

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Yeah, absolutely, Can you tell
us a little bit more about I

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mean, so Ron Wyden, who
is you know, has long been a

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sort of champion of the personal privacy
cause, and Mike Lee. It is

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a pretty bar my partisan group of
senators. Again, their plan was sort

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of immediately criticized by people in the
Biden administration for you know, all of

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the various expected reasons that you just
discussed, James, What are they proposing

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basically in terms of reforming seven oh
two. That's a good question, Emily,

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because the reality is that I don't
think that they've come to the table

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with anything. I've talked with the
director of the Office of Director of National

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Intelligence, Avrel Haynes. I've you
know, from all publicly available information when

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we're talking with offices or we're reading
what's being reported. They haven't really come

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to the table with anything. And
even when they criticized this bill from Senators

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Widen and Lee and Representatives Warren Davidson
and Zoelofkran, I can't help but notice

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the guy also prefaced it with the
fact that he hadn't read the bill,

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which seems like a pretty important part
to do before you start commenting on it.

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So yeah, it's a little rich, but you know, to date,

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I can't but note this is really
important that at the end of the

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day, there's only one bill right
now on the Capitol Hill that goes and

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reauthorizes Section seven H two advisa,
and it is this bill. There is

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nothing else out there right now.
The administration and certainly the more intelligence community

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community friendly members of Congress. You
know, I certainly tried to push for

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I would say weaker kinds of things, whether that's a straight clean reauthorization,

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which being completely frank, there there
aren't the votes for that, or just

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a simple kind of reform package that
would codify the the internal reforms that the

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FBI has proposed on their own.
Those are some of the things that we've

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heard about. But again there's no
formal proposal. I know that in the

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Judiciary Committee right now. There's also
another con proposal, but it's not out

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there yet. But to the point
that you raised, you know, the

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thing that's unique about the Government's of
rail AND's for Formact is that, as

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you pointed, out Ron Wyden,
who's a progressive senator from from from from

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Oregon, and and you know Senator
Mike Lee, who is a fantastic conservative

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out of Utah. These are not
like, you know, your typical bandwagon

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of people that you'd see to pop
up on legislation together seeing thing with Zoelofgrin

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and Warren Davidson. But they all
rightly recognize that there's an issue here and

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that's why it's important. Right So
what this bill is trying to do here

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in many respects is number one critically, I think, which is something that

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many members as well as the administration
as well as the intelligence community has rightly

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recognized that there's value to Section seven
o two for national security purposes. They've

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said the intelligence community has said that
seventy percent of the President's daily briefing comes

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from material as produced by Section seven
O two, which at least on some

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level makes me feel a little queasy. But you saying that a side for

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a second, Yeah, you know, it certainly has some value for them.

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Apparently they certainly feel that way.
And I think that what this also

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tries to do is put some guardrails
in place there and put some more importantly,

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accountability measures in there for when you
have, you know, members of

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these various intelligence agencies of using this
authority inappropriately, being able to hold them

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accountable, and not just focusing on
seven oh two. What I like to

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say is that I think that the
United States has a surveillance problem. More

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broadly speaking, it's not just Section
seven oh two that empowers it. Notably,

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in the executive you have Executive Order
twelve triple three, which also goes

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and outlines a lot of these surveillance
authorities that the intelligence community uses and relies

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on. So this goes in let's
Congress routaine, it's oversight function, It

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goes and introduces accountability measures, It
puts in you know, those protections for

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American civil liberties. It tries to
make people be more aware of when this

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stuff is happening in terms of if
you were a target of something in the

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FIA support, which I think is
important because, as Mike Lee said at

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the press conference, you wouldn't even
know if you were targeted because it's all

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classified, and that's really hard to
defend yourself if you don't even know.

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So again, I think that this
bill is really important because it is a

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good conversation starter and forces everybody to
come to the table and realize that,

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you know, isn't a pathway for
clean reauthorization of Section seven h two.

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And here are the kinds of things
that we think can go and actually fix

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that, and go and tackle the
core issue that I highlighted, which is

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that people don't trust these institutions that
are meant to protect them anymore. And

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that's a problem. So here's something
that can actually go and help help the

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American public go and tackle that issue
and actually restore its trust in these institutions

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to kind of get your temperature on
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without having seen the proposal was already
out in the Hill. I think the

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senior admin officialist quoted anonymously saying,
you know, we don't have time to

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go to court before we tap you
know, these authorities before we tap the

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database and every circumstance. These are
such urgent situations as somebody who studies the

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policy really closely, James, what
do you make of how they approached this?

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You know, did they really come
out swinging? Did they come out

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with something that could be acceptable sort
of at first blush and isn't a negotiation

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point? A lot of times that
obviously happens in Congress. Your first bill

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is a negotiation point. It's a
starting point. Maybe it's further than it

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needs to be in one direction,
and you're willing to talk and get it

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close to the center. How did
they sort of approach the strategically or what

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do you make of how they approached
it strategically with the proposal that they've put

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forth so far. Yeah, I
mean, I think it's a great proposal.

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It hits many of the things that
I think that we Americans for Prosperity

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care about in terms of protecting American
civil liberties, maintaining that national security you

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know function that the authority certainly grants
that there certainly is a value there.

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But as we like to say,
you know, it's not that your constitutional

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rights and national security are mutually exclusive
goals. You can actually have something here

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that can go and actually be mutually
reinforcing where you can have your civil liberties

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being protected while achieving that national security
mission that these agencies are responsible for carrying

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out. And so, you know, maybe in some way, certainly from

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the administration's posture, it's a very
aggressive approach to dealing with Section seven zero

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two. But that's fine. That
sounds like a them problem more so than

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mine, because their preference right now, at least as far as they've been

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publicly talking about it, is they
want a clean reauthorization, and as I've

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been saying repeatedly, there's just not
the votes for that. So they need

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to come to the table and figure
out what they can live with, how

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they can go and work with some
of these things here. And you know,

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they like talking about the agency,
see, like how they don't want

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to have to go to court because
you know, somebody could die and I

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can't help, but note that there
are like accessions for emergencies, and the

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threshold here is where you would require
a warrant normally that you would have to

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get a warrant. If there are
other lower thresholds that you would have to

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hate in other kinds of circumstances,
then you don't necessarily have to worry about

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that. So I think it is
pretty cognizant about trying to be flexible to

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dynamic circums chances that we can't always
foresee. So I think that that's where

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it's a little bit silly that the
Biden administration is coming out swinging so hard

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against it, when, as I
said before, they haven't read the bill,

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so it makes it a little silly
that they're pushing back on something that

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they haven't read yet. I'd rather
get into the nuance of where they might

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disagree, so that, as you
kind of mentioned, we can go and

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take what we like and try to
find some compromise there. But this bill,

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at least from our perspective, has
a lot of the ideal things that

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we'd want to see in a reform
package. And I guess one other thing

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I'll note too that I think is
very funny for this particular administration is back

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when FISA was being deliberated on the
Senate floor, then Senator Joe Biden was

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very staunchly opposed to FISA because he
thought it was unconstitutional and that it would

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result in all kinds of abuses.
So, you know, it's a little

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rich when you have an environment where
Senator Joe Biden is now contradicting you know,

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President Biden. You know, once
he got into office, I guess

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all of a sudden, his feelings
about this magically changed or something. It's

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a little odd to me, but
that I think is that's what I would

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say is the big important part here
is that is a big, bold proposal.

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I think a lot of people realize
that, but it does go and

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set the tone for I think where
a decent portion of Congress is kind of

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thinking about this issue. I mean, make a mistake. You've got Representative

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Jim Jordan that's on board with this
kind of stuff too, you know,

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Mike Lee. You've got all across
the ideological spectrum, and that was even

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represented in the kind of groups that
were there at the press conference for the

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introduction of that legislation. You had
Americans for Prosperity there standing with Demand Progress

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or the American Civil Liberties Union.
You have Freedom Works that's also supportive of

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this kind of a measure. So
you've got a broad swath of ideological spectrum

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of organizations and politicians that realize the
problem here and know that this is your

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best path forward to getting solutions.
And that's what we're focused on again.

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You don't want a situation coming up
where like we've seen pop up recently,

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where the Senate's thinking about trying to
do that short term reauthorization. That's,

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in my view, that's unacceptable insofar
as that you've had all year to go

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and talk about this subject. This
is not like something that just magically popped

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up on your doorstep here at the
eleventh hour. This has been here all

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year, and to go and try
to do a short term reauthorization I think

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is just disingenuous to many people that
are you know, seriously concerned about this,

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many members of Congress that are working
on this, that want to have

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that conversation. And that's why I
think that this is important to try to

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get this done before the end of
the year. Now, are there process

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are there executive powers that can override
say Section seven h two elapses. I

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think something like this happened under the
Trump administration. But you can correct me

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on this, James. Does the
president have powers to step in if it

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elapses? What could happen if Congress
doesn't step in? Yeah, So right

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now, if we were to hit
the end of the year and there were

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no reauthorization of Section seven h two, it's not like the sky falls and

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that all of a sudden, they
can't go and do their surveillance, you

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know, activities as they otherwise would. So they get certifications from the Five

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Court for one year durations. So
right now, even if they were to

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go on laps on section seven O
two, the intelligence community could still go

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and use those kinds of surveillance powers
all the way through until April of next

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year, in twenty twenty four,
so they don't have to worry about something

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that happens if we don't go to
December thirty first, per se. But

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obviously you don't want that to happen. I don't think that you want to

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be operating with that lack of certainty
for what happens post April of twenty twenty

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four, if you're the intelligence community, and if you're a member of Congress,

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I don't think that's a position that
you want to be in. And

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yes, you were right that it's
not that the president necessarily overrides, but

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there are broader surveillance authorities that are
existing. Like I said before, Executive

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Order twelve Triple three certainly governs a
lot of that which this bill tries to

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track tackle in terms of putting in
guardrails and congressional oversight over that aspect of

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surveillance. Like I said before,
it's not just section seven O two like

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that. That is one piece of
a very large surveillance pie, if you

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will, and that's certainly what the
GSRA is trying to tackle, right,

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it's not just trying to tackle FAISA, but it is trying to also integrate

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in some solutions to tackle twelve triple
three as well. And what I would

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say is, and this is part
of the crowd that is happy for like

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let watching these things expire in the
sunset. During the Trump administration, this

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did happen with Section two fifteen.
That authority also expired because they couldn't come

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to any kind of agreement for that
particular program. And you know what ended

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up happening was that I think a
lot of those things that they were doing

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underneath that specific program just more or
less got reshuffled into different existing authorities.

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And the problem there is that again, if it's not if it's not in

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Section Semino two, let's say,
if we let that, if that were

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to go and expire, the larger
issue becomes that then it just again gets

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reshuffled into existing authorities underneath let's say
something like a twelve triple three where there

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is no congressional oversight. It's a
lot harder to go and have thoseuardrails in

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place, and it's a lot more
of a black box. So that would

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be a very big missed opportunity if
we go and let it lapse. I

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think that you don't want to go
and have this go into a situation where

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it's somehow less transparent and has less
oversight. So that's why I think,

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you know, from my perspective,
at least we want to see it reauthorize

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with those major reforms, so that
way we can have congressional oversight, we

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can have accountability for people when they
are abusing these authorities, and we can

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go and try to put some guardrails
on the executive not trying to stop it

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00:22:29,720 --> 00:22:32,119
from doing what it's doing, but
trying to hold them accountable for what they

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00:22:32,160 --> 00:22:37,119
are doing when they're doing it.
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That's such an important point because I
think it's worth remembering that we're actually

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talking about something that came out of
FISA, which in and of itself came

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out of the Church Committee and the
congressional exposure of dramatic abuses that occurred over

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the course of decades on behalf of
the CIA, the FBI, and this

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was supposed to be a solution,
and in fact, you know, we're

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talking about abuses of the solution and
the ways that the solution have been used

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extra legally in some cases but other
cases not extra legally to abuse people's rights,

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constitutional rights. And so I guess, James, how optimistic are you

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that Congress can really rain in the
people who are abusing these powers, given

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that there's just this massive spider web, as you say, this isn't just

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about seven zero two. There's now
this massive spider web of surveillance powers that

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exist that you know, to untangle
them, you sort of take a shot

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across the bow and untangle some of
these powers. But this is this is

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a vast apparatus at this point.
Yeah, you're absolutely right, And I

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mean, given the state of Congress
these days, I'm not exactly sure I

359
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want to be a betting man on
the viability of any particular proposal, but

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I mean, I'm always hopeful that
we can go and come to a solution

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here because this is just too important. You know, our national security does

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matter. I think that that's like
something that's i think underappreciated from these groups

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that are talking about this, is
that we recognize the value that can come

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out of Section seven or two.
But again, we're not just going to

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sit there and say that gives you
a blank check to do whatever you want.

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There needs to be reforms done here. So that's why we're very supportive

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of something like the government surveillance or
formact. I think that that is incredibly

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important. And I think that you
know, to your point, with the

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discovery of rampant abuses, it's only
going to be a situation where it continues

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to get, you know, exact
rated even more and more because what ends

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up happening is that we're having more
people become online in many ways, especially

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with the gen Z who's digital natives
as a generation entirely. So that means

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that there's a lot of information that's
getting produced online, and these programs that

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were meant to be the solution,
I think what ended up happening in many

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ways is that it was just a
very simple case of scope creep. Right.

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It was like, oh, well, now there's all this information that's

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out here, and if we just
go and use it here to tackle this

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specific issue, maybe we can go
and you know, solve some more problems.

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And then they realize, just like
many people do, when you have

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that vast amount of data at your
disposal, it can be extraordinarily valuable and

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powerful. So you see that scope
creep happening, which I think in many

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ways exacerbates the abuses. So it's
pretty cyclical in that sense. Right.

383
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So you know, I'm not going
to get into the prediction game as to

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what the proposals viability looks like,
but I think that we're certainly hopeful and

385
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I think that again, as you
pointed out, these abuses are just too

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egregious to overlook. And then an
errow where we're going to continue to have

387
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more people being online putting more data
online in general, it makes it that

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much more important that we have the
government held accountable because when the government is

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going and using this these authorities and
they do go and do it in this

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kind of a fashion, when the
people are harmed by it. You know,

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it's really hard to go and get
any kind of remedy. As I

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00:27:32,680 --> 00:27:34,759
said before, you don't even know
that you're being targeted by it because it's

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classified, and it's really hard for
you to get insight into the Pisa court

394
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process until well after the fact.
So we need to be doing something here.

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The time is to fixed visa is
now, It's not next year's Let's

396
00:27:48,079 --> 00:27:51,160
not delay this any further. Let's
go and have something done here is what

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I usually say when we're talking to
people about this. There's no point in

398
00:27:53,000 --> 00:27:57,160
trying to punt the ball here.
Americans have been waiting too long and have

399
00:27:57,200 --> 00:28:00,799
been abused too much by these authorities, and we need to go and do

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something to go and restore some trust
in these very institutions that are meant to

401
00:28:03,720 --> 00:28:10,799
protect us. It's amazing to look
back on the days of Edward Snowden and

402
00:28:10,920 --> 00:28:15,400
Juliana Soannge and sort of think of
the partisan breakdown. And there have been

403
00:28:15,640 --> 00:28:22,160
great conservatives afp Rand Paul who have
always been looking at these privacy questions through

404
00:28:22,200 --> 00:28:26,759
the proper lens. But what happens
when these become sort of front and center

405
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in the news cycle the political discourse
is suddenly that national security emotional blackmail also

406
00:28:33,720 --> 00:28:37,599
bubbles to the surface. And I
say this empathetically, that's really really persuasive

407
00:28:37,680 --> 00:28:41,440
because it's it's genuinely scary. They're
very good at scaring people, and you

408
00:28:41,480 --> 00:28:45,359
know, in moments like this,
it feels like the world is teetering on

409
00:28:45,400 --> 00:28:48,759
the brink of World War three.
It's a scary time for people, and

410
00:28:48,799 --> 00:28:52,359
so you know, there are reasons
that we want to protect the homeland,

411
00:28:52,480 --> 00:28:57,400
and that's a very persuasive message.
But at the same time, now that

412
00:28:57,920 --> 00:29:03,240
you know, can conservative eyes have
been really opened to the abuses of the

413
00:29:03,279 --> 00:29:07,480
security state post twenty sixteen, post
twenty twenty and a lot of people have

414
00:29:07,559 --> 00:29:12,920
kind of soured on them. Even
so, I've still seen some Republicans defending

415
00:29:14,119 --> 00:29:18,440
an untouched version of seven oh two
reauthorization. So I just kind of wanted

416
00:29:18,440 --> 00:29:21,720
to get your temperature, James,
on where this all stands from that kind

417
00:29:21,720 --> 00:29:26,839
of question of partisan breakdown. Is
there enough of an appetite among Republicans and

418
00:29:26,880 --> 00:29:32,079
people who are genuinely very concerned about
national security and for some good reasons,

419
00:29:32,480 --> 00:29:36,119
is there enough of an appetite to
really get something done here? Especially considering

420
00:29:36,160 --> 00:29:38,680
so many Democrats are now. Joe
Biden, the example he gave was such

421
00:29:38,680 --> 00:29:42,039
a good one, the arc of
Joe Biden on this question, since so

422
00:29:42,079 --> 00:29:48,720
many Democrats are so defensive of the
surveillance apparatus now too. Yeah, I

423
00:29:48,720 --> 00:29:52,279
think that's a great question. And
what I would say is that when you're

424
00:29:52,279 --> 00:29:56,160
looking at it, it's been a
strange bedfellows situation in terms of the kinds

425
00:29:56,160 --> 00:30:00,279
of ballmakers that are interested in,
you know, obviously magnificant advisor reform,

426
00:30:00,359 --> 00:30:07,000
but I think it's become spillover effects
and we've had even other you know less

427
00:30:07,799 --> 00:30:11,799
we'll say, you know, more
mainstream. I guess I should say,

428
00:30:11,839 --> 00:30:15,440
like members of the respective parties recognize
that you've got to have some kind of

429
00:30:15,440 --> 00:30:18,240
reforms here. I'll note that,
you know, you had Chairman of the

430
00:30:18,279 --> 00:30:23,240
Jujudiciary in the Senate, Dick Durbin, noting that he would not go and

431
00:30:23,279 --> 00:30:26,640
just do a clean reauthorization AVISA.
And that's very important because he heads up

432
00:30:26,680 --> 00:30:30,119
that committee. That's a position of
power, right And like I said,

433
00:30:30,119 --> 00:30:33,160
on the House side, you got
Representative Jim Jordan, who's also not a

434
00:30:33,160 --> 00:30:37,000
fan of a clean reauthorization. He's
been very clear about that. So I

435
00:30:37,000 --> 00:30:41,440
think that there was actually a very
unique moment in time here that we didn't

436
00:30:41,440 --> 00:30:44,880
have two years ago when it was
SEC. Section two fifteen that was up

437
00:30:44,920 --> 00:30:48,960
for reauthorization, that we do have
now because people have seen the abuses play

438
00:30:48,960 --> 00:30:52,000
out in the open. Like I
said, when people found out that the

439
00:30:52,079 --> 00:30:56,799
FBI was abusing these authorities to go
inspy on Black Lives Matter protesters and January

440
00:30:56,799 --> 00:31:00,920
sixth protesters and a sitting member of
Congress, it just you can't help but

441
00:31:02,000 --> 00:31:03,759
raise your eyebrown and be like what, like what, how is that even

442
00:31:03,799 --> 00:31:07,640
possible? Why is that allowed for
an authority that's meant to target non US

443
00:31:07,680 --> 00:31:11,519
persons to be used in this kind
of a fashion. It just seems beyond

444
00:31:11,519 --> 00:31:15,759
the pale. And this is why, like I said, you have so

445
00:31:15,839 --> 00:31:19,079
many members certainly in the House for
sure, but definitely in the Senate too.

446
00:31:19,559 --> 00:31:26,200
You've got a decent number of co
sponsors there of the GSRA that Ron

447
00:31:26,240 --> 00:31:29,799
Whiteen and Mike Lee introduced. So
I think that there's plenty of appetite for

448
00:31:29,839 --> 00:31:32,960
reforms. It's just a matter as
to how far we can go and take

449
00:31:33,000 --> 00:31:34,400
it. And I think that that's
you know, that's something that we have

450
00:31:34,440 --> 00:31:37,960
to still see play out between now
and the end of the year. But

451
00:31:37,160 --> 00:31:40,480
one thing that I can say,
at least for my part, is anyway

452
00:31:40,519 --> 00:31:44,759
where myself and my role at Americans
for Prosperity can can play a role in

453
00:31:45,079 --> 00:31:48,319
terms of helping those conversations along.
You know, we're certainly looking forward to

454
00:31:48,319 --> 00:31:52,000
having those conversations with people because we
think that this is too important to let,

455
00:31:52,079 --> 00:31:55,599
you know, half measures kind of
go through, or to just do

456
00:31:55,640 --> 00:31:57,960
a clean reauthorization, or to let
it expire. As you noted, we

457
00:31:59,400 --> 00:32:02,240
do live in a pretty scary world
out there. Sometimes there are plenty of

458
00:32:02,279 --> 00:32:06,480
bad things going on. But as
I said before, that doesn't mean that

459
00:32:06,519 --> 00:32:09,519
you get a blank checked to whatever
you deem necessary to pursue your mission.

460
00:32:10,160 --> 00:32:15,200
We have to have some guiding principles
that kind of show us the way of

461
00:32:15,200 --> 00:32:19,759
how we're going to do right in
this space. And so that's why I

462
00:32:19,799 --> 00:32:22,039
think that there's definitely a decent level
of appetite here in Congress to go and

463
00:32:22,079 --> 00:32:25,519
get something done. And I'm personally
very excited to see what we can get

464
00:32:25,640 --> 00:32:31,519
accomplished here in these conversations. Over
the next several weeks, watched out on

465
00:32:31,599 --> 00:32:36,759
Wall Street podcast with Chris Markowski.
Every day Chris helps unpack the connection between

466
00:32:36,759 --> 00:32:39,400
politics and the economy and how it
affects your wallet. The economy isn't growing,

467
00:32:39,519 --> 00:32:44,039
it's leeching. Our Tober jobs report
is out and it's not good.

468
00:32:44,119 --> 00:32:46,839
The US add at one hundred and
fifty thousand jobs. However, a third

469
00:32:46,839 --> 00:32:51,279
of them are government jobs. After
the FIT has paused interest rate hikes,

470
00:32:51,400 --> 00:32:53,680
yet again, something has to give. Whether it's happening in DC or down

471
00:32:53,680 --> 00:32:57,359
on Wall Street, it's affecting you
financially. Be informed. Check out the

472
00:32:57,359 --> 00:33:00,880
Watchdotal on Wall Street podcast with Chris
Markowski on Apples, Spotify, or wherever

473
00:33:00,880 --> 00:33:06,680
you've het your podcasts. And finally, James, this is a big question,

474
00:33:06,720 --> 00:33:09,079
but an important one, and you've
touched on this already throughout this entire

475
00:33:09,200 --> 00:33:14,880
conversation. But when conservatives here,
you know, maybe from for instance,

476
00:33:14,880 --> 00:33:20,720
I think I've seen Mike Gallagher supporting
a cleaner reauthorization or opposing efforts to reform

477
00:33:20,759 --> 00:33:25,160
seven oh two. And you've had
these conservatives these conversations I imagine with many

478
00:33:25,160 --> 00:33:29,519
conservatives over the years. What should
they know? How can they kind of

479
00:33:29,519 --> 00:33:35,759
steal themselves or prepare for some of
those very predictable, usual arguments about why

480
00:33:36,000 --> 00:33:37,799
national security is on the line with
a seven oh two, a clean seven

481
00:33:37,839 --> 00:33:43,640
oh two reauthorization when people here you
know, we absolutely desperately need this to

482
00:33:43,720 --> 00:33:47,240
keep the country safe. There will
be people who die from terrorist attacks if

483
00:33:47,279 --> 00:33:52,039
we do not reauthorize section seven oh
two. It is of the utmost urgent

484
00:33:52,079 --> 00:33:55,599
importance. What should people know or
how should people think about that as those

485
00:33:55,680 --> 00:34:00,559
arguments are increasingly likely to be made
in the days ahead. Yeah, I

486
00:34:00,559 --> 00:34:04,000
think, going back to what I
said before, it's about keeping firm in

487
00:34:04,039 --> 00:34:07,920
your belief that national security and your
civil liberties are not mutually exclusive goals.

488
00:34:08,960 --> 00:34:13,840
And again that while there are certainly
national security threats out there, that doesn't

489
00:34:13,840 --> 00:34:16,480
mean that you get to go and
pursue any any pathway that you want to

490
00:34:16,519 --> 00:34:20,360
go and get that done. And
that you get to abuse the authorities that

491
00:34:20,400 --> 00:34:23,360
are granted to you in statute and
have no accountability for when you do that.

492
00:34:24,199 --> 00:34:28,199
That's just not tenable anymore. And
that you have a lot of people,

493
00:34:29,079 --> 00:34:31,320
a lot of people. We operate
in the Americans Prosperity We have over

494
00:34:31,400 --> 00:34:36,960
thirty eight chapter states where we had
chapters in and you know, we have

495
00:34:36,960 --> 00:34:38,480
a fifty state presence, and I
can tell you there are a lot of

496
00:34:38,519 --> 00:34:44,159
people, a lot of conservatives certainly
you could say American of America First Republicans

497
00:34:44,159 --> 00:34:46,920
too, you know, the Donald
Trump kind of wing of the party that

498
00:34:46,960 --> 00:34:52,480
are very sensitive to this. You
know, we have an entire select subcommittee

499
00:34:52,480 --> 00:34:54,559
in the House that's focused on the
weaponization of the federal government, and I

500
00:34:54,559 --> 00:34:58,239
would urge those people to think back
to that. There's a reason why you

501
00:34:58,239 --> 00:35:01,159
set that up. You were you
were work read about the concentration of power

502
00:35:01,199 --> 00:35:05,159
that was existing inside the government and
how it was being leveraged in a way

503
00:35:05,199 --> 00:35:08,000
that could you know, negatively impact
conservatives. And this is one of those

504
00:35:08,039 --> 00:35:12,079
things that unfortunately, I think we've
seen, as a result of scope creep

505
00:35:12,119 --> 00:35:16,199
over the years fifteen years, really
start to have a negative impact on everyday

506
00:35:16,239 --> 00:35:21,119
Americans in ways that you might not
have otherwise thought. So, I think

507
00:35:21,119 --> 00:35:24,239
you can respect the national security implications
that people are coming to the table with.

508
00:35:24,599 --> 00:35:28,760
I think you know, you can
have those reasonable conversations, but go

509
00:35:28,840 --> 00:35:30,679
and stick firm to the things that
you believe in. It's a principle's first

510
00:35:30,679 --> 00:35:35,480
approach. You have to respect civil
liberties. If you do not do that,

511
00:35:35,760 --> 00:35:38,000
then what's our constitution but just words
printed on a piece of paper.

512
00:35:38,400 --> 00:35:42,679
And that's not I think a situation
that many conservatives who are staunch defenders of

513
00:35:42,719 --> 00:35:45,280
the constitution like Mike Lee, would
want to be okay with. And I

514
00:35:45,280 --> 00:35:50,079
would encourage other Republicans to think about
that very hard and long before they go

515
00:35:50,159 --> 00:35:52,800
and think about voting for a clean, real authorization of Section seven zero two.

516
00:35:52,880 --> 00:35:57,039
That's just I think that would be
a very unfortunate situation if that's where

517
00:35:57,079 --> 00:36:00,599
you landed. So I would encourage
them to go and talk to or organizations

518
00:36:00,639 --> 00:36:05,280
like Americans for Prosperity, like Freedom
Works and others to kind of gauge about

519
00:36:05,280 --> 00:36:08,079
how we're looking at this issue.
Because we're there, we're ready to stand

520
00:36:08,119 --> 00:36:12,639
with you and work with you to
get you to see why this is so

521
00:36:12,679 --> 00:36:15,199
important and why we have to have
these kinds of reforms in there so that

522
00:36:15,239 --> 00:36:19,960
we can actually have a stronger,
better America. I would argue that having

523
00:36:19,960 --> 00:36:22,880
these kinds of reforms for FISA would
actually improve our national security, and so

524
00:36:23,000 --> 00:36:27,960
far is that you're not going to
have much of a national security mission if

525
00:36:27,960 --> 00:36:30,480
the people don't believe in the very
institutions that are supposed to be carrying that

526
00:36:30,559 --> 00:36:36,239
out. So that's why this is
so so important. This is just really

527
00:36:36,320 --> 00:36:38,920
helpful, James, and I think
Gallagher actually himself, Mike Gallagher, has

528
00:36:38,920 --> 00:36:44,639
a somewhat nuanced view on seven oh
two. The point remains that there are

529
00:36:44,679 --> 00:36:47,280
going to be a lot of people
who are under a lot of pressure and

530
00:36:47,280 --> 00:36:51,280
who are exerting a lot of pressure
in the days ahead. Actually, if

531
00:36:51,280 --> 00:36:53,000
they do have one last question,
just because you follow this so closely,

532
00:36:53,280 --> 00:36:58,039
one thing I've heard is that there
might not be enough time in this insanely

533
00:36:58,119 --> 00:37:01,920
crowded congressional schedule from now the end
of the year to devote a lot of

534
00:37:01,960 --> 00:37:05,760
attention to seven oh two. It
might be something that just sort of gets

535
00:37:05,760 --> 00:37:07,840
put on the back burner and dealt
with very quickly at the end of the

536
00:37:07,920 --> 00:37:13,960
day in order to just deal with
it and get those surveillance powers and keep

537
00:37:14,000 --> 00:37:19,199
them rolling in any serious reform may
there just may not be time to do

538
00:37:19,239 --> 00:37:21,400
it. What do you make of
that? Do you think that's true?

539
00:37:21,880 --> 00:37:24,599
I think it sounds like you're hopeful
that there actually is an opening for substance

540
00:37:24,639 --> 00:37:29,079
of reform here, and there's a
real possibility. Is there also a possibility

541
00:37:29,119 --> 00:37:31,880
from what you've seen in Congress that
it just it gets punted because the schedule

542
00:37:31,920 --> 00:37:36,159
is so crowded. Oh yeah,
I think that that certainly is fair.

543
00:37:36,280 --> 00:37:37,360
I mean, you can't help but
look at the schedule, know that there's

544
00:37:37,360 --> 00:37:39,599
a lot going on. Obviously in
the House are trying to go and deal

545
00:37:39,639 --> 00:37:44,000
with their appropriations bills. We have
a shutdown that's looming here and then not

546
00:37:44,079 --> 00:37:45,800
to discend future that they have to
go and get pass first. Right,

547
00:37:46,840 --> 00:37:50,440
So there's obviously a lot going on
in the calendar and not a lot of

548
00:37:50,440 --> 00:37:53,920
time. But again, I think
that it would be very unfortunate if we

549
00:37:53,920 --> 00:37:57,840
were to be in a situation where
we did some kind of short form reauthorization.

550
00:37:59,079 --> 00:38:01,480
You know, again, that's a
missed opportunity. I think, again,

551
00:38:01,519 --> 00:38:05,679
you've had all year to talk about
this, you know, to that

552
00:38:05,800 --> 00:38:07,960
end where we can be helpful that
don't have those conversations to go and explain

553
00:38:08,239 --> 00:38:12,800
where these things kind of go and
play out. You know, we're certainly

554
00:38:12,800 --> 00:38:15,239
happy to go and do that,
but again, there is certainly time on

555
00:38:15,280 --> 00:38:20,280
the calendar. I won't pretend that
there's not other competing interests. There are,

556
00:38:20,360 --> 00:38:23,199
for sure, but I mean national
security is pretty up there as far

557
00:38:23,199 --> 00:38:27,159
as I'm concerned when it comes to
where your priorities might want to be.

558
00:38:27,360 --> 00:38:30,360
So I do think that at the
end of the day they will go and

559
00:38:30,360 --> 00:38:31,960
try to tackle this before Congress is
out at the end of the year.

560
00:38:32,000 --> 00:38:37,519
There's I feel pretty pretty strongly about
that. It's just a matters to what

561
00:38:37,519 --> 00:38:39,599
what that looks like, and that's
a little bit too soon to tell right

562
00:38:39,599 --> 00:38:44,239
now, so a lot to see
how things shake out over the coming weeks.

563
00:38:45,199 --> 00:38:49,280
Well. James Tronowski is with Americans
for Prosperities, also a senior contributor

564
00:38:49,320 --> 00:38:52,800
over at Young Voices, and we
are very grateful, James, to you

565
00:38:52,840 --> 00:38:55,519
for taking the time to talk through
this issue on Federalist Radio Hour today.

566
00:38:55,840 --> 00:39:00,159
Thanks for having me. Well,
you've been listening to another edition of the

567
00:39:00,159 --> 00:39:02,840
Federalist Radio Hour. I'm Emily Jaschinsky, culture editor here at The Federalist.

568
00:39:02,920 --> 00:39:07,360
We'll be back soon with more.
Until then, be lovers of freedom and

569
00:39:07,480 --> 00:39:07,639
anxious for the frying
