Judge Nap: NSA Reforms Don't Stop 'Fundamental' Constitutional Violations
He explained that none of the proposed changes address the fact that the government can still use dragnet-style tactics to gather information without a warrant specifically targeting an individual.
"The Constitution does not say all spying is illegal. It says spying on all of us is illegal," said Napolitano, explaining that there is no constitutional basis for a judge to issue a warrant for the NSA "to spy on everybody in the state of New Jersey in order to capture just you and me."
"You want to spy on somebody? Go to a judge and get a warrant about that person, not about everybody else. Otherwise, we have the hallmarks of a totalitarian government; the kinds which we have fought our just wars against," he said.
Watch the discussion above, including a flashback clip from 2007 in which President Obama rails against the Bush administration's warrantless wiretapping.