No one in Congress has voted on this legal update. It means a warrant granted somewhere within the US can be executed on the other side of the country – or the other side of the planet.
The change, approved by the Supreme Court, is in Rule 41 of the Federal Rules of Criminal Procedure. Right now, if law enforcement wants to hack a PC, they have to ask a judge for a warrant in the jurisdiction where it is located. With the rule change, they could do this to any computer anywhere in the US or the world.
As a bonus, the change would also allow law enforcement – without a warrant – free rein to hack into computers that have already been hacked. So, for example, if you have a virus infection then law enforcement can go through your files at will.
But there was one very odd moment at the very beginning, before the exchange above. Christie noted that he was appointed to his former job as a US Attorney on September 10th of 2001:
MEGYN KELLY: Do you really believe you can assign blame to Senator Paul just for opposing he bulk collection of people’s phone records in the event of a terrorist attack?
CHRISTIE: Yes, I do. And I’ll tell you why: because I’m the only person on this stage who’s actually filed applications under the Patriot Act, who has gone before the federal — the Foreign Intelligence Service court, who has prosecuted and investigated and jailed terrorists in this country after September 11th.
I was appointed U.S. attorney by President Bush on September 10th, 2001, and the world changed enormously the next day, and that happened in my state.
This is not theoretical to me. I went to the funerals. We lost friends of ours in the Trade Center that day. My own wife was two blocks from the Trade Center that day, at her office, having gone through it that morning.
I found that interesting, because I didn’t know that. And perhaps the reason I didn’t know that is that it’s complete bullshit. As Marcy Wheeler points out on Emptywheel, Christie was actuallynominated months later, on December 7th, 2001
The President intends to nominate Christopher J. Christie to be United States Attorney for the District of New Jersey. Christie has been a partner with Dughi, Hewitt and Palatucci of Cranford, New Jersey since 1987. He is a graduate of the University of Delaware and Seton Hall University School of Law.
Christie took office in January 2002.
Senate Minority Leader Harry Reid, D-Nev., on Monday used last week’s appellate court ruling that NSA bulk collection of call records is illegal to bash his Republican counterpart for wanting to keep it going through 2020.
“My friend, the Majority Leader, keeps talking about extending the program for five and a half years,” Reid said from the floor of the Senate, referencing Sen. Mitch McConnell, R-Ky. “How can you reauthorize something that’s illegal?” Reid asked. “You can’t. You shouldn’t.”
“Extending an illegal program for five and a half years? That is not sensible,” he said. “What should happen is that we should move forward and do something that is needed here — and that is, do it all over again.”
On Sunday at a speech in Boston, McConnell called the bulk phone call metadata collection program “an important tool to prevent the next terrorist attack,” and said that the U.S. “is better off with an extension of the Patriot Act than not.” Three provisions of the Patriot Act are set to expire on June 1, including one that the NSA has claimed justifies the program.
Reid offered an alternative Monday, saying that McConnell should seek to advance the USA Freedom Act, a bill that would end the bulk collection of metadata from domestic phone companies. He pointed out that a version of the bill passed out of the House Judiciary Committee in April by a 25 – 2 vote, and predicted that the legislation would be advanced by a full House vote this week.
Reid also painted the bill as an escape hatch for McConnell — and said he would back a revolt that’s being openly planned, should the Senate Majority Leader attempt to move for a clean extension of the Patriot Act. Sens. Ron Wyden, D-Ore., and Rand Paul, R-Ky., have already threatened filibusters.
“This is the only bipartisan, bicameral solution we have today that will end the illegal bulk collection and reform and reauthorize key provisions of FISA,” Reid said.
“Otherwise … I’m not the only one, Mr. President,” he added. “I’m told, walking over here, that the junior senator from Kentucky is not going to let an extension … take place. So why don’t we just go ahead and get it done now.”