Andy Biggs: “So let's just consider that the Second Circuit has said that a Fourth Amendment warrant is appropriate, and they haven't…”

“So let's just consider that the Second Circuit has said that a Fourth Amendment warrant is appropriate, and they haven't finished concluding it. I don't know why Mr. Himes is going to just keep riding off on that, but the Second Circuit is still considering that. Let's take a look at something else. The U.S. person queries designed to search for communications between Americans and foreigners who happen to be U.S. person targets. That is what we are hearing. So Mr. Turner says the law already requires a warrant to surveil an American. When he says ``surveil'' what he is talking about is collecting all of an American's communications. In that case, under title I a warrant is required. A U.S. person query is an attempt to access some of an American's communications, namely, those that are incidentally collected under section 702 and to do so without a warrant. They can do it right now without a warrant. That is the distinction that we are getting at. Mr. Chairman, I reserve the balance of my time.”