Judge Andrew Napolitano today made the case against extending Section 215 of the Patriot Act.

Section 215 faces a key vote in the House and will expire in June if the law isn’t renewed. This part of the Patriot Act would give the NSA the right to continue to mine data from phone records and other third parties.

Some Republican lawmakers are fighting to extend this part of the Patriot Act, arguing that national security could be at stake without it.


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Napolitano called this section of the Patriot Act “so profoundly offensive to the Constitution.” He explained that it allows federal agents without search warrants to authorize themselves to get records held by third parties – including doctors, lawyers, hotels, computer servers, telecoms, the post office and banks.

Napolitano noted that the statute was written two weeks after 9/11 when the country was terrified that another massive attack could happen. While the statute was supposed to give the government the tools to keep Americans safe, Napolitano said that the opposite has happened.

“The worst part about it is that we have no privacy left, and respect for the Constitution is no longer there because the feds have been authorized by this statute to trash the Constitution.”


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Napolitano said that he will testify in two weeks before the House Judiciary Committee to explain why this statute is bad for America’s freedom and safety.