Judge Nap: If FISA Memo Lays Out 'Lawless' Actions, Its Contents Should Be Disclosed on House Floor
The House Intelligence Committee is expected to vote on releasing the memo, which some House Republicans have claimed contains "disturbing" information on how the law was used to target the Trump campaign.
On Wednesday, the Justice Department issued a rebuke to the House Intelligence Committee over the memo, stating it would be "reckless" to release the information without it being cleared.
Silence From Congress Assaults Our Privacy
Judge Napolitano's Chambershttps://t.co/rDxRJf3AcV
— Judge Napolitano (@Judgenap) January 25, 2018
Napolitano, however, took issue with the committee's leadership, including chairman Devin Nunes (R-Calif.), arguing his behavior "constitutes incompetence at best and misconduct in office at worst."
On "Fox & Friends," Napolitano said Congress recently voted to reauthorize Foreign Intelligence Surveillance Act (FISA) surveillance powers without members possessing the knowledge Nunes claims to be holding onto.
He said if the memo reveals "KGB-like" behavior, as some have alleged, then the committee should have let other members of Congress know immediately.
"[They] sat on it while the rest of Congress debated and expanded FISA. The rest of Congress should have known what the House Intelligence Committee knows," he explained.
He said if the committee votes against releasing it, any member should disclose its contents "from memory" on the House floor in order to enter it into the public record.
"The speech and debate clause of the Constitution protects members of Congress from the legal consequences of what they say on the floor," said Napolitano.
Watch his analysis above.