WELCOME TO THE SHOW.
I'M KENNEDY.
ONE LIBERTY-MINDED LAWMAKER IN
THE SENATE ISN'T TOO HAPPY HIS
CHAMBER WON'T BE THE.
SENATOR WYDEN PROMISED HE WOULD
FILIBUSTER THE LEGISLATION, BUT
HOUSE LEADERSHIP SUPPORTS THIS
LIBERTY-KILLING BILL.
>> YOU PASS THE AMENDMENT, YOU
BRING THAT FIRE WALL RIGHT BACK
UP.
YOU DEFEAT THIS UNDERLYING BILL,
WE GO BACK TO THOSE DAYS WHERE
WE ARE FLYING BLIND FROM
PROTECTING OUR COUNTRY FROM
TERRORISM.
KENNEDY: FLYING BLINDS.
HERE TO EXPLAIN WHY PAUL RYAN IS
MISTAKEN.
JUSTIN AMASH.
WHAT IS THE MOST OF TROUBLING
PART ABOUT TODAY'S VOTE?
>> IT'S TROUBLING THAT WE HAVE
PEOPLE IN LEADERSHIP ON BOTH
PEOPLE ABOUT MY AMENDMENT AND
ABOUT BUILDING WALLS AND NOT
ALLOWING PEOPLE TO SHARE
INFORMATION.
THE AMENDMENT WOULDN'T DO
ANYTHING LIKE THAT.
IT WOULD ALLOW THE GOVERNMENT TO
GO AFTER FOREIGNERS OVERSEAS,
BUT MY AMENDMENT WOULD PROTECT
THE RIGHTS OF THE AMERICAN
PEOPLE.
IT WOULD REQUIRE A WARRANT WHEN
YOU WANT TO SEARCH ON AMERICANS.
SOMETHING OUR CONSTITUTION
REQUIRES.
KENNEDY: ARE THOSE BACK DOOR
SEARCHES LAW ENFORCEMENT CAN DO
WITHOUT WARRANTS, THEY CAN SEIZE
ANY OF THE INFORMATION THAT'S
BEEN CAUGHT ON AMERICANS ABOUT
PERHAPS A FOREIGN TARGET.
BUT THAT INFORMATION CAN BE USED
IN OTHER LAW ENFORCEMENT
INVESTIGATIONS.
THAT WILL CONTINUE WITH THE
REAUTHORIZATION, CORRECT?
>> CORRECT.
THE HUGE STORE AND STOARTS OF
OUR DATA, AMERICAN DATA THAT
THEY SWEPT IN WHILE THEY CONDUCT
FRESH SURVEILLANCE, AND THE
GOVERNMENT SAYS THEY WANT TO BE
ABLE TO SEARCH THAT DATA WITHOUT
GETTING A WARRANT.
WHEN YOU HAVE SEARCHES ON
AMERICANS, OUR CONSTITUTION
REQUIRES YOU GET A WARRANT.
THEY DON'T WANT TO HAVE THAT.
THAT'S WHY THEY FOUGHT AGAINST
MY AMENDMENT AND MADE UP A LOT
OF THINGS ABOUT WHAT THE
AMENDMENT DOES.
KENNEDY: THE KIND OF HYPERBOLE
THAT DISGUSTS ME WHEN DEMOCRATS
DO IT.
AND TO SEE REPUBLICANS DOING
THAT WHEN IT COMES TO SOMETHING
LIKE CIVIL LIBERTIES WHEN WE
KNOW THERE HAVE BEEN SO MANY
EGREGIOUS EXAMPLES OF THE
GOVERNMENT OVERSTEPPING ITS
BOUNDS.
THE FISA COURT SMACKED DOWN THE
NSA.
DEVIN NUNES THE HOUSE OVERSIGHT
CHAIRMAN SAYS IN THE MEASURE
PASSED IN THE HOUSE TODAY THERE
ARE RIGOROUS MEASURES TO PROTECT
PRIOR I.
DO YOU AGREE WITH THAT?
>> NO, I DON'T.
IT WOULD APPLY IN ALMOST NO
CIRCUMSTANCES.
IN THE VERY FEW CIRCUMSTANCES IN
WHICH IT WOULD APPLY, IT WOULD
PROTECT CRIMINAL SUSPECTS WHILE
NOT PROTECTING PEOPLE NOT
SUSPECTS OF WRONGDOING.
WHERE YOU WANT TO PROTECT PEOPLE
ESPECIALLY WHO ARE NOT SUSPECTED
IT DOESN'T REALLY PROTECT
ANYONE.
WHAT WE WANTED WAS A REAL
WARRANT REQUIREMENT TO PROTECT
AMERICANS.
KENNEDY: LET'S TALK ABOUT THIS
UNMASKING.
IS THERE ANYTHING ABOUT
UNMASKING THAT IS CORRELATED
WITH THIS SORT OF FOREIGN
COLLECTION?
>> IT'S RELATED.
IF YOU ARE COLLECTING MORE
AMERICANS UP FRONT, THEN YOU RUN
THE RISK OF HAVING THINGS
CAN DO IS LIMIT THE AMOUNT OF
INFORMATION IN THESE DAUGHTERRA
BASES.
BASES ON AMERICANS.
ISSUES.
KENNEDY: THE FACT THAT LAW
ENFORCEMENT CAN GO IN AND GET
SOME OF THAT INFORMATION, IT'S
VERY PROBLEMATIC.
WE TALK ABOUT ONE SIZE FITS ALL
MEASURES AND THINGS LIKE COMMON
CORE.
THIS IS A ONE SIZE FITS ALL
INTELLIGENCE.
IT SEEMS AS THOUGH ALTHOUGH IT'S
PROBLEMATIC.
WHAT CAN THE SENATE DO AT THIS
POINT TO MITIGATE SOME OF THOSE
CONSEQUENCES?
>> I THINK THE SENATORS NEED TO
DO WHAT WE DID IN THE HOUSE.
THEY NEED TO WORK HARD AND
EDUCATE THEIR COLLEAGUES.
THE ONES ON THE RIGHT SIDE THIS
EDUCATE THEIR COLLEAGUES,
EDUCATE THE AMERICAN PEOPLE AND
FIGHT.
DO EVERYTHING YOU CAN TO FIGHT
THIS.
IF PEOPLE AT HOME AREN'T ENGAGED
AND MEMBERS OF CONGRESS AREN'T
WE HAVE TO MAKE SURE THEY
UNDERSTAND THE ISSUES AND
UNDERSTAND THE IMPORTANCE OF
PROTECTING PEOPLE'S RIGHTS.
KENNEDY: HOW DOES SECTION 702
MAKE US LESS SAFE?
>> IF IT'S MISINTERPRETED AND
YOU COLLECT PEOPLE'S DATA LIKE
THEY ARE DOING CURRENTLY, AND
IT'S AMERICAN DATA AND YOU ARE
SEARCHING WITHOUT A WARRANT, IT
PUTS US AT RISK.
KENNEDY: I'M SORRY THE VOTE
DIDN'T GO YOUR WAY.
WE WERE LOOKING FORWARD TO THAT