Judge Andrew Napolitano weighed in this morning on the latest revelations about the NSA. On Tuesday, the Washington Post reported that the NSA has the capability to record "100 percent" of a foreign country's phone calls and can go back and review conversations up to one month prior.


Judge Napolitano: Constitution Prohibits NSA Data Collection Program


The newspaper noted that it is withholding information about where the MYSTIC program may have been deployed at the request of U.S. officials. The new spying tactics have been likened to a "time machine."

Napolitano emphasized that the NSA can listen to past conversations, not just look at the metadata of the phone call. If an American makes a call to or receives one from the particular country, Napolitano said the NSA could then listen to your conversation.

He believes the revelations could be inflammatory if the NSA is using these tactics without the consent of the other country's government.

"We don't know what country it is so we don't know if the NSA is receiving cooperation from the government in this country or if it's doing it under the radar," he said, noting that the Fourth Amendment does not extend to these calls since a foreign country is involved.

Watch the full discussion above and check back on Insider each day for the latest analysis from Judge Nap!