Pantsuit Politics

It’s hard to keep up with the memos, interviews, and leaks coming out of Washington DC so we take a painstaking look at what we do and don’t know about the memo and the Mueller investigation  Thanks to our sponsor: Casper Mattress First up, we discuss how we think about the economy as we approach another government shutdown this week, including whether or not we should pour more money into the Department of Defense considering the results of the latest audit.   We discuss Uma's #metoo moment and why the coverage became the story.  To compliment individuals who aren't members of our respective parties, Sarah praises recently retiring and suddenly refreshingly honest Representative Trey Gowdyl. Beth compliments Senator Chris Coons on his work on a bipartisan immigration bill.  For our main segment, we start with a mini-primer on the Foreign Intelligence Surveillance Act ("FISA"), which was enacted in 1978 to protect Americans’ privacy in the midst of counter-terrorism efforts. A law enforcement training white paper helped us significantly in understanding key provisions of FISA. FISA was enacted to limit the presidents' power and to create a judicially-manageable standard for issuing warrants in national security investigations. 

The key provisions of FISA were: 

1. Non-criminal electronic surveillance can only occur for the purpose of collecting foreign intelligence and foreign counterintelligence
2. Foreign powers and agents of foreign powers could be targeted for electronic surveillance (foreign powers and agents of foreign powers are defined in the statute—explicitly says “non US persons” — US persons are citizens, legal permanent residents, US corporations, unincorporated associates with a substantial number of members who are citizens or lawful permanent residents) 
3. The government needs probable cause to conduct surveillance (and set a probable cause standard)
4. Established foreign intelligence surveillance courts (FISC) at the district and appellate levels to review applications for warrants under the act
5. The government can only conduct electronic surveillance in the US for the purpose of collecting foreign intelligence or foreign counterintelligence pursuant to a warrant issued by a FISC or in an emergency with approval from the attorney general provided that a warrant is sought within 24 hours 

In 1995, FISA was expanded to include physical searches (which meant a recognition that the president’s power to order physical searches in the interest of nat security is limited) In 1998, provisions were added on pen registers and trap and trace - includes phone calls, email, and all electronic forms of communication. These provisions specifically prohibit investigation of US persons for activities protected by the 1st...