00:00:06.000We talk about the NSA spying operation on Tucker Carlson.
00:00:10.000And not only that, guys, we go not just a level deeper, we go like five levels deeper.
00:00:14.000We break down the history of the FISA courts.
00:00:17.000We explain where it came from, how we got here, the court rulings back and forth, Edward Snowden, Patriot Act, the USA Freedom Act of 2015, which very few people probably know about, how all this is combined into a court ruling in 2020 and what that says about metadata and mass surveillance in the NSA.
00:01:34.000We will not embrace the ideas that have destroyed countries, destroyed lives, and we are going to fight for freedom on campuses across the country.
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00:04:13.000I get the honor of sitting behind the microphone and speaking with all of you from time to time when necessity calls, when Charlie's schedule gets too unmanageable, even for him.
00:04:25.000Anyways, we are very honored to be with you.
00:04:28.000As I promised, we are going to cover the explosive claims made by Tucker Carlson last night that he is being spied on by the NSA.
00:04:35.000Now, when this story, when his show concluded, all I saw last night was links and articles to this and that, like Tucker Carlson exposed the NSA or unfounded claims, conspiracy, this, that, and the other.
00:04:51.000This is Tucker in his own words talking about what's going on with the NSA and his show.
00:04:55.000But it's not just political protesters the government is spying on.
00:04:58.000Yesterday, we heard from a whistleblower within the U.S. government who reached out to warn us that the NSA, the National Security Agency, is monitoring our electronic communications and is planning to leak them in an attempt to take the show off the air.
00:05:12.000The whistleblower, who is in a position to know, repeated back to us information about a story that we are working on that could have only come directly from my texts and emails.
00:05:24.000There's no other possible source for that information, period.
00:05:28.000So Tucker is basically saying he's got a very good source that has a whistleblower.
00:05:35.000By the way, notice the use of the language whistleblower.
00:05:38.000This is a term that the left has perfected, whistleblower.
00:05:41.000Tucker is expertly using language to counter what the left often does, right?
00:05:54.000Tucker confirms the information that is being conveyed to him by the whistleblower and is saying that he has independently corroborated this.
00:06:02.000That this is the only way that this guy could have this information is if they were spying on me personally.
00:06:08.000Now, that is very troubling information.
00:06:12.000If you are an American citizen, you would think that your own federal government would not be spying on you because it's in the Constitution.
00:06:18.000So I want to go back through how we got here, why what Tucker's saying is actually plausible, and then we're going to loop back around and explain what to do next.
00:06:26.000Okay, so what we know is that this seems like a viable idea.
00:06:32.000Even the National Review, which is no Tucker fan, often comes to blows with Tucker on a lot of different ideas, is saying this is sadly very plausible.
00:06:46.000The 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.
00:07:08.000So right at the beginning, big note: this is, it says to American citizens that you are protected by this amendment, this by the Fourth Amendment.
00:07:20.000Okay, so Jen Saki is giving, I think she's speaking with a pool on Air Force One at the moment, saying, as everybody knows, the NSA only searches and spies on foreign nationals.
00:07:32.000Well, all you have to do really quickly is a quick Google search about federal government spying on journalists, and you get the community to protect journalists saying the NSA puts journalists under a cloud of suspicion.
00:07:46.000You get the ACLU saying our rights are under attack, that they are enough spying on journalists, no more spying on journalists.
00:07:54.000Basically, article after article after article.
00:07:56.000Now, some are accusing the Trump administration of spying on five journalists.
00:08:20.000We've seen reports of it time and time again.
00:08:22.000And by the way, every time it happens to somebody on the left at CNN, MSNBC, even though CNN is an objective news source, they don't editorialize at all.
00:08:31.000Oh, by the way, one good piece of news.
00:08:40.000I mean, that's a plummet, if I've ever seen one.
00:08:43.000But anyways, if it happens to the left, they freak out, bunch of pushback, because a national news story for days and weeks and months ahead, and they end up pushing back and getting some results out of it.
00:08:54.000When it happens to a conservative like Tucker Carlson, they will say, well, hmm, he probably had it coming.
00:09:20.000So you need two of the three branches to essentially agree for that to happen and to agree that it's necessary and lawful to search somebody.
00:09:29.000So if the NSA, which is part of the executive branch, wants to spy on an American citizen, remember, non-citizens do not have the Fourth Amendment protection.
00:09:39.000In theory, and this is where the NSA and the FBI would come into play.
00:09:43.000So it could be that FBI, we're not sure how all of the inner workings of the Intel community work.
00:09:49.000You would need to go to the United States Foreign Intelligence Surveillance Court, FISC, also known as FISA, which became very famous during the Trump administration.
00:10:00.000The court was established and authorized under the Foreign Intelligence Surveillance Act of 1978, the FISA Act, to oversee requests for surveillance warrants against foreign spies inside the United States by federal law enforcement.
00:10:14.000So the NSA and the FBI are the two agencies that appear most in front of the FISA court.
00:10:22.000And this is one of the reforms that very much needs to happen.
00:10:25.000And even Lindsey Graham, Senator Lindsey Graham, said he was for reforming this process when it came, when it became very apparent with Trump that it's being abused.
00:10:34.000Now, Lindsey Graham is somebody who obviously is on our list today because he's and he's on our bad list.
00:10:43.000It's not like a, you know, you know, media matters.
00:10:46.000He's not on some like, you know, hit list.
00:11:13.000You're like, we're going to go surveil X person because he's connected to some foreign intelligence ring, and we are going to get approved.
00:11:23.000There's only 12 denials in that time period.
00:11:27.000So in 2016, of the 1,752 applications received, the FISA court denied just nine, less than 1% of all applications received.
00:11:39.000So this is 2016, by the way, is of note because the FBI obtained a secret court order to monitor the communications of a former advisor to presidential candidate Donald Trump then in 2016, part of an investigation into possible links between Russia and the campaign.
00:11:54.000When you take all this into consideration, you realize that it's not unreasonable to believe that the NSA could have made a request justified by the National Security Council's released their newly released National Strategy for Countering Domestic Terrorism guidelines.
00:12:14.000And this is why I think that they have looped Tucker Carlson into all this.
00:12:19.000U.S. RMVEs, this is from that strategy for countering domestic terrorism, direct quote.
00:12:29.000RMVEs, racially or ethnically motivated violent extremists, i.e., all of the MAGA people, who promote the superiority of the white race are the DVE, domestic violent extremist actors with the most persistent and concerning transnational connections because individuals with similar ideological beliefs exist outside of the United States, and these RMVEs frequently communicate and seek to influence each other.
00:12:57.000We assess that a small number of U.S. RMVEs, again, racially and ethnically motivated violent extremists, have traveled abroad to network with like-minded individuals.
00:13:09.000So, the tie-ins that the DNI, Director of National Intelligence, makes with travel abroad seems to indicate that the government agencies have used that as a justification for wiretaps and surveillance domestically.
00:13:27.000Now, if you've been paying attention to the news, you will see very clearly that the number one accusation leveled against Tucker Carlson is that he is a radical racist, white supremacist, apologist, a dog whistleblower.
00:13:44.000So, it is not beyond the pale with all of the connections and all the different people that Tucker Carlson talks to that the NSA could have used this as an excuse to spy on Tucker Carlson.
00:13:57.000It's important to understand what capabilities they have here, the NSA.
00:14:03.000The NSA was established in 1952 by Harry S. Truman.
00:14:10.000In general, it's responsible for collecting, processing, and disseminating intelligence information from foreign electronic signals for national foreign intelligence and counterintelligence purposes and to support military operations.
00:14:24.000Obviously, we don't want foreign spies getting away with anything, and we want to be able to surveil them back.
00:14:31.000In 1973, we're going back to the 70s here, a landmark ruling in U.S. versus U.S. District Court, the Supreme Court unanimously, nine to nothing, held the government must comply with the Fourth Amendment when surveilling an alleged domestic intelligence threat.
00:14:50.000In 1975, the Church Committee, a bipartisan Senate investigation stemming from Watergate, okay, we're talking Nixon years, led by Senator Frank Church, finds the NSA and other intelligence agencies under Nixon engaged in a massive domestic spying program, targeting anti-war pressers, civil rights activists, MLK, anybody, and political opponents.
00:15:12.000Church remarked, that capability at any time could be turned around on the American people, and no American would have any privacy left.
00:15:21.000Such is the capability to monitor everything.
00:15:46.000Ex-NSA analyst J. Kirk Weeby recalls everything changed at the NSA after the attacks of September 11th.
00:15:54.000The prior approach focused on complying with the Foreign Intelligence Surveillance Act.
00:15:57.000The post-September 11th approach was that the NSA could circumvent federal statutes and the Constitution as long as there was some visceral connection to looking for terrorists.
00:16:09.000Another analyst remembers the individual liberties preserved in the U.S. Constitution were no longer a consideration at the NSA.
00:16:19.000With the ever-increasing numbers of makes and models, it is now impossible to stock all the parts you need on a traditional chain storefront.
00:16:25.000Why endure often pointless and seemingly intimidating questioning and wait while the counterman orders the parts on his computer or her computer, choosing the only brand his warehouse happens to carry?
00:16:36.000You have computers with access to rockauto.com at home and in your pocket.
00:16:41.000One reason to repair and maintain your cars is to save money and that you can then use for other important things like mortgages or food.
00:16:48.000Why choose to spend 30, 50 or 100% more?
00:17:42.000The Fourth Amendment was basically thrown out the window.
00:17:45.000Bush, the Bush administration, backed by the Patriot Act, essentially allowed the NSA to collect telephone content, internet content, telephone metadata, internet metadata.
00:17:57.000According to the NSA, it wrongly thought that the authorization under Bush allowed for the collection of solely domestic U.S. communications.
00:18:05.000The NSA retained, processed, analyzed, and disseminated intelligence from these four types of data.
00:18:11.000So the Patriot Act gets signed on October 26, 2001.
00:18:16.000And so now we have the USA Patriot Act.
00:18:20.000In 2004, the New York Times reported the National Security Agency first began to conduct warrantless eavesdropping on telephone calls and email messages between the United States and Afghanistan months before President Bush officially authorized a broader version of the agency's special domestic collection program, according to current and former government officials.
00:18:38.000Bush confirmed the existence of the security agency's domestic intelligence collection program and defended it, saying it had been instrumental in disrupting terrorist sales in America.
00:19:08.000He stops the searching and the calling of record information collected using Section 215 of the Patriot Act.
00:19:14.000The NSA at that point must now seek court approval to query the metadata on a case-by-case basis, except where necessary to protect against the imminent threat to human life.
00:19:24.000In 2012, the director of national intelligence, who oversees all of these intelligence agencies, admits in a letter to Senator Ron Wyden that on at least one occasion, the FISA court found that minimizing procedures used by the government while conducting surveillance under FISA was, quote, unreasonable under the Fourth Amendment.
00:19:43.000So now we have senators saying that these domestic searches and surveillance are absolutely happening in their violation of the Fourth Amendment.
00:20:08.000We reached a massive, massive turning point with the NSA spying operation and what had been disclosed when Edward Snowden became the NSA whistleblower.
00:20:21.000That word again, we love whistleblowers, apparently.
00:20:23.000I mean, if the Democrats can do it, why can't we whistleblow?
00:20:27.000And by the way, Edward Snowden, for all intents and purposes, is a civil libertarian.
00:20:31.000I mean, that's what drove his whistleblowing, right?
00:20:34.000In July, so NSA director Keith Alexander initially estimated that Edward Snowden had copied anywhere from 50,000 to 200,000 NSA documents.
00:20:44.000However, later, that estimate was upped to 1.7 million documents, a number that originally came from the Department of Defense talking points.
00:20:55.000In July of 2014, the Washington Post reported on a cache previously provided by Snowden from domestic NSA operations, consisting of roughly 160,000 intercepted emails and instant message conversations, some of them hundreds of pages long, and 7,900 documents taken from more than 11,000 online accounts.
00:21:19.000A U.S. Defense Intelligence Agency report declassified in 2015 said that Snowden took 900,000 Department of Defense files, more than he downloaded from the NSA.
00:21:31.000So you've got leaked documents from all over the place.
00:21:35.000Edward Snowden blowing the lid on this entire operation.
00:21:39.000In 2013, Snowden claimed in a Guardian report, I, sitting at my desk, could wiretap anyone from you or your accountant to a federal judge or even the president if I had a personal email.
00:21:53.000It was revealed that the NSA was harvesting millions of emails and instant messaging contact, searching email content, tracking and mapping the location of cell phones, undermining attempts at encryption, which we are all very well aware of.
00:22:05.000So if you are listening to this and you're on the Telegram app, they can absolutely hack Telegram.
00:22:10.000If you're on Signal, some people say it's more secure.
00:22:16.000And that the agency was using cookies to piggyback on and the same tools that advertisers on the internet use to track you, the same tools that advertising agencies and marketing agencies use to track your behavior online to sell you products.
00:22:29.000So by the way, if you're listening to this right now, go to expressvpn.com/slash Charlie.
00:23:02.000The Obama administration tries to put him in jail, in prison.
00:23:08.000On June 14th, 2020, the charges filed in the criminal complaint against Stowden are theft of government property, unauthorized communication of national defense information, willful communication of classified intelligence information to an unauthorized person.
00:23:23.000Each of these carries like 10 years in prison.
00:23:26.000The criminal complaint was initially secret, but it was later unsealed.
00:23:31.000If you're thinking, I've seen Edward Snowden, well, it's because he fled to Russia, which I don't know if that helps this case or not.
00:23:38.000Snowden in Russia has been on the run.
00:23:40.000He sometimes does interviews with different people.
00:23:44.000I think Sean Hannity traveled to Russia and spoke with Edward Snowden.
00:23:49.000So at the end of the year, on December 16th, 2013, so we're still back in this timeframe, 2012, 2013, 2014.
00:23:56.000But this is December 16th, 2013, federal judge Richard Leon holds that the bulk telephony metadata collection and analysis almost certainly does violate a reasonable expectation of privacy, which in turn likely results in a violation of the Fourth Amendment.
00:24:16.000This is the Fourth Amendment, very important.
00:24:18.000It's supposed to protect us from these searches and seizures unreasonably without a warrant, as our founders intended.
00:24:28.000And yet, the founders had no way to anticipate the size of this intelligence apparatus that we would one day in the starting in really the post-World War II era begin to construct.
00:24:40.000It's the same when we talk about Google.
00:24:42.000The founders had no way to understand that a private entity like Google or Facebook could grow to such an enormous size that it could become more powerful than the U.S. government.
00:24:51.000Well, in the same way, when they're talking about the Fourth Amendment, they said search and seizure, which should, by an umbrella sort of general understanding of what that means to our privacy, had they known, had they been living in this era, they would have certainly said the intelligence apparatus of the United States government could not unreasonably be used to collect all this metadata.
00:25:14.000Nevertheless, this has been an ongoing back and forth.
00:25:17.000Now, in 2013, federal judge Richard Leon seems to affirm that the Fourth Amendment does cover this and does protect us.
00:25:25.000But nevertheless, on January 3rd, 2014, okay, so we get from December 16th, the year rolls over.
00:25:31.000We're now in 2014, January 3rd, a FISA court renews order collecting all Americans' call-in records.
00:25:55.000Section 215 of the Patriot continued to be renewed.
00:26:00.000So it was going to be temporarily expired on June 1st, 2015.
00:26:05.000And then Congress acted and the Senate passed the USA Freedom Act, which attempts to end the bulk collection of calling records under Section 215 of the Patriot Act by limiting collections to instances where there is, quote, reasonable, articulable suspicion that a quote, specific selection term used to request call detail records is associated with international terrorism.
00:26:29.000So they're trying again to link this domestic surveillance.
00:26:32.000They're trying to narrow the scope and say it has to be tied to international terrorism.
00:26:37.000The passage of USA Freedom in June of 2015 marks the first time in over 30 years that both houses of Congress approved a bill placing restrictions and oversight on the NSA surveillance powers.
00:27:09.000They basically throw out the Fourth Amendment out the window.
00:27:14.000You've got the growing intelligence apparatus sweeping up metadata and individual calls, especially after 9-11, bolstered by the Patriot Act.
00:27:25.000You've got lawsuits really starting in earnest in 2009 to say this is illegal.
00:27:31.000This is an affront to the Fourth Amendment.
00:27:32.000This is unconstitutional what you're doing to domestic citizens.
00:27:36.000And you've got Edward Snowden in 2012 blowing the lid off of this.
00:27:39.000You've got a judge in 2014 essentially saying that this is likely a violation of the Fourth Amendment.
00:27:47.000And then you've got this new bill in 2015 that actually gets passed through Congress that puts limiting and restricting measures on the NSA's ability to sweep up Americans' domestic communications.
00:28:05.000And again, it says you need a specific selection term, reasonable, articulable suspicion to request call detail records in association with international terrorism.
00:28:17.000So it's putting these boundaries on it finally in 2015.
00:28:25.000So it's the first time in over 30 years that both houses approved a bill restricting and placing oversight on the national security on the national security agency surveillance powers.
00:28:41.000Because in 2015, that bolstered the legal complaints against the NSA's spying apparatus.
00:28:46.000This has been litigated in the courts over and over and over again.
00:28:49.000People have tried to win these court cases in order to restrict the power of the NSA.
00:28:57.000So in September of 2020, an important event happened at the Ninth Circuit Court of Appeals.
00:29:06.000In September 2020, the court was hearing a case that dealt with the NSA's program that swept up details on all of these phone calls.
00:29:16.000And it said that, and this is again metadata.
00:29:18.000So you got to take an individual case versus metadata.
00:29:22.000So in September 2020, they finally said the metadata, this large sweep up, was unconstitutional and that it did not amount to a search under a 40-year-old legal precedent.
00:29:35.000Okay, so they say that it has to be narrow in scope according to 2015 law.
00:29:39.000And in 2020, they finally said that this broad sweeping up of all this metadata was illegal.
00:29:45.000But the court stopped short of saying that the snooping was definitely unconstitutional.
00:29:51.000Okay, so they stopped short, which means that where we're left with is this idea that the NSA can still snoop on domestic people, on citizens, if they can say in plausible terms that it is connected to international terrorism.
00:30:07.000Now, we know that with the Biden administration, there has been this renewed focus doggedly, I would say pathologically, on domestic terrorism based on ethnic radicalism and white supremacy.
00:30:24.000How many years have I been telling you about Relief Factor?
00:30:27.000Truth is, I know millions of people, in fact, that over 100 million people that are struggling with some kind of pain, whether it's knee pain, back pain, joint pain, back pain, and exercise or getting older or whatever it might be.
00:30:38.000I'm so impressed with the team at Relief Factor.
00:31:05.000It leaves us with the fact that the DNI, who's in charge of all of our intelligence agencies, is creating a pretext under this RMVEs, and we talked about this earlier, racially or ethnically motivated violent extremists who support the superiority of the white race, that they call this the most persistent and concerning issue facing our country.
00:31:28.000And the transnational connections that they have tend to happen because they are connected internationally, right?
00:31:35.000So they're saying that these RMVEs, these racially and ethnically motivated violent extremists, are connected internationally.
00:31:41.000And that is the pretext for spying on them.
00:31:44.000So I go back to the fact that the court has stopped short of calling this domestic surveillance unconstitutional, even though it clearly is an affront to the Fourth Amendment and has tried to place restrictions on this.
00:32:21.000The Biden administration probably thinks that the show is.
00:32:23.000The Biden administration probably thinks that the station that you listen to the Charlie Kirk show on in your car is a violent extremist organization.
00:32:31.000The Biden administration probably thinks that a Christian church that believes in traditional marriage is a violent extremist organization.
00:32:39.000This is an affront to a traditional way of life.
00:32:43.000If you hold to the permanent, if you hold to ancient principles, if you hold to an ancient faith, the Biden administration has you in their crosshairs.
00:32:54.000They say that you are part of a violent extremist network.
00:32:57.000And if you text with them, if you email with people that they have on their list, then you will have your communication swept up in an intelligence apparatus, the likes of which our founders would be turning over in their grave if they knew about.
00:33:12.000Folks, Tucker Carlson is probably and absolutely being surveilled.
00:33:18.000And I just want one little flashback here.
00:33:26.000This is Senator Chuck Schumer then talking about then president-elect President Trump in 2016 warning him not to take on the surveillance state.
00:33:41.000Shot, this antagonism is taunting to the intelligence community.
00:33:44.000You take on the intelligence community, they have six ways from Sunday at getting back at you.
00:33:50.000So even for a practical, supposedly hard-nosed businessman, he's being really dumb to do this.
00:33:56.000Never forget, Senator Chuck Schumer warned President Trump not to take on the surveillance and the surveillance state, the intelligence community, because why?
00:34:06.000They have six ways from Sunday at getting back at you.
00:34:12.000And since the Biden administration, who has been person number one, the target number one that they want to get, they want to take out, they want to destroy, that would probably be Tucker Carlson.