Was Rand Paul a winner or a loser in his fight against the NSA's mass surveillance?

Judge Andrew Napolitano sat down with Stuart Varney to weigh in this morning. He explained that he believes politically, Sen. Paul was successful, but in terms of policy, he was defeated. 

A new Washington Post-ABC News poll shows that Paul is now tied with Scott Walker at 11% among GOP hopefuls, a point ahead of Jeb Bush and Marco Rubio. 

Not only that, but the judge said Paul will soon reveal a big jump in campaign donations after his very public opposition to the Patriot Act's renewal. 

In a 67-32 vote, the Senate approved Tuesday the USA Freedom Act, which resumes the NSA's surveillance activities. 

Lawmakers have called the new law an overhaul of the NSA's surveillance methods, saying that the NSA can resume its bulk data collection program, but only for a transition period of six months.

After that, the NSA cannot sweep up Americans' phone records in bulk. Instead, it would leave the records with phone companies and give the government the ability to seek access with a warrant.

Napolitano, however, disputed that the this new law is an improvement on the Patriot Act in terms of civil liberties. 

He said it will actually allow the NSA to have more access to Americans' information. 

"This is an astounding victory for those who don't care about civil liberties or privacy. ... The NSA supported the USA Freedom Act. Would they have supported it if it was gonna clip their wings? Of course not," he said. 

Watch his full explanation of why this new law is not a victory for the Fourth Amendment.