Madam President, I want to thank our friend Senator Capito for bringing us together to discuss national security and the many challenges that we see on the horizon. When we think about national security, we often picture the brave men and women in our uniformed military who have made immeasurable sacrifices to protect our freedom. We envision the ships, the tanks, the aircraft, and the weapons that they use to keep us safe. We think about the greatest threats to our country, including countries like Russia and China. But today I want to talk about a lesser known but no less important aspect of our national security apparatus, which is section 702 of the Foreign Intelligence Surveillance Act, FISA, as it is sometimes called. In short, section 702 allows the intelligence community and the Department of Justice to obtain intelligence on foreigners located outside of the United States. As we know, different rules apply here in the United States and particularly insofar as it involves U.S. persons and U.S. citizens. All of the protections of our criminal justice system, including the requirement of a warrant and a showing of probable cause for a search and that sort of thing, that applies to American citizens and U.S. persons on American soil, but overseas, when it involves foreigners, this is an important tool, section 702. Congress enacted section 702 in 2008 in response to threats posed by terrorist groups in the wake of 9-11.…
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