person, now needs a fisa court order to do that. that's one. and the other is there were a series of provisions that prohibited this practice of reverse targeting you'll hear about. which basically said you cannot, the government cannot target something overseas under this statute. under 702, who is not a u.s. person in order to collect against a person in the united states. you know, for that purpose. that would be an end-around that was prohibited by the statute. to my mind, statute does a very good job of balancing these competing interests and enacting compromises. >> one of the, you mentioned minimization procedures. one of the other criticisms that i've sometimes heard from people who are worried about the program, is that the procedures themselves and the adherence to them are themselves not subject to judicial review but rather only to administrative and internal executive branch review. on a case-by-case basis. the overall procedures, themselves, are approved but whether or not we succeeded in applying them to rosenzweig is not somethi

someone outside the flights needed fisa court in order to do that. the other was series of prohibitions this practice of reverse targeting you hear about. basically said the government can not target somebody overseas under the statute, under 02 who is not u.s. person in order to collect against a person in the united states. that was end around that was prohibited by statute. to my my mind the statute does a good job balancing competing interests and compromise. >> you mentioned procedures, one of the other criticisms of people worried about the problem that the procedures themselves and the adherence to them are themselves not subject to judicial review but rather only to administrative and internal executive branch review on a case-by-case basis. the overall procedures themselves are approved but whether or not we have succeeded in applying them to rosenzweig is not something that can get in front after court for independent neutral observation. does that, does that criticism you think merit our concern? >> actually it is not entirely true i think

and the fisa applications are like this. each one of them is quite, quite extensive. quite thick. with numerous recitations that are required by the law and i can talk about those in one second. but the point is that the era today, the protections that we have in place today, are substantially, substantially different than they were in that point in time. and so you have layer upon layer of requirements that are an effort to have accountability and oversight. so just to name a few. so for example, with respect to every fisa application, the director or the deputy director or some other high-ranking national security official inside the government has to sign a certification that meets certain statutory requirements and basically explains the purpose of the surveillance and the necessity of it. that's in essence what the certification is. there's that. in addition, every single application has to be signed by a high-ranking justice department official. the attorney general, the deputy attorney general or the assistant attorne

nsa is authorized to collect can those companies under the fisa amendment act.has to serve a court order to do that. and only in certain conditions can it do it. emily: what keeps you up at night? what worries you most? ♪ emily: your first day in the private sector, what was that like? gen. alexander: was april fools'. knowing me and what are my friends, i was betting somebody would call me and say my retirement was pushed back. go to a a plane to conference in las vegas. i was not sure what i would do. i had several job offers. i did not know if i wanted to work for somebody. i was not looking forward to working with somebody. i talked to some financial institutions at other companies. they said with what you know about cyber security, why not start a cyber security company? the more we got onto it -- i talked to some of the guys and said would you be interested in doing this? in six weeks, we said we could start a company. cyber security is your firm. you said you are developing breakthrough technology. what is that? gen. alexander: breakthrough. [laughter] em

us of the united states, with the fisa court ordered to do that. and one other is that there are a series of provisions for a reversion target which basically said the government cannot target somebody overseas under the statute 702450 is not a u.s. person in order to collect against a person in the united states. that would be the other way around. that was by the statute. again, to my mind, the statute does a very good job of balance and acting compromise. >> one of the -- you mentioned minimizization procedures. one of the other criticisms that i've sometimes heard from people worried about the program is that the procedures themselves and the adherence to them are themselves not subject to judicial review. but rather, only to administrative and executive branch review on a case-by-case basis. the overall procedures themselves are approved. but whether or not we've succeeded in applying them to rosenzweig does not get that. does that criticism merit our concern? >> actually, it's not entirely true. the failures, if there are failures within the

general alexander: under 702, under fisa. prism allowed us to see the new york city subway.was the first part. emily: was it a backdoor? general alexander: no, it was a court order. so is a wiretap a backdoor? ,the answer is no. prism was the modern-day wiretap. emily: you maintain the tech companies did know about this, even though they claimed they did not. general alexander: they were served with court orders. right? that is what the verizon orders and all the others that are public now, show. they were, by law, required to do that. emily: so when tim cook or mark zuckerberg or larry page says we had no idea this was happening, we are outraged -- general alexander: i think the issue is not that. i think the issue is a little bit more nuanced. the issue is what does nsa collect to conduct this foreign intelligence mission and the perception is nsa is into their servers and stuff. remember there was -- that is not true. emily: what is true? general alexander: nsa is not in any of the servers, to my knowledge. apple was not under my watch. apple, google, any of those. nsa is

of fisa applications are like this.each one of them is quite extensive, quite thick with numerous presentations that are required by the law. and i can talk about those in one second, but the point is that the era today, the protections we have in place today, are substantially substantially different than they were at that point in time. so give layer upon layer of requirements that are an effort to of accountability and oversight, with respect to the fisa application the director or the deputy director or some other high ranking national security official inside the company has to sign a certification that meet certain statutory requirements, and basically explains the purpose of the surveillance and the necessity of it. that's in essence what the certification is. in addition every single application has to be signed i hire ranking justice department official, the attorney general, the deputy attorney general or the assistant attorney general for national security. they have to sign their name and/or personally accou

when we talk about the fisa amendments act and issues that were with fisa and how outdated it was, that was a three-year process your that was endless hearings, endless amount of testimony from endless amounts of briefings. every single day it was really kind of three yards and a cloud of dust. it was not as it is portrayed sometimes as you should've come you explained why he was outdated and we got a statute. having lived to the 12 hours a day for three years, this is something that needs to be done over and over again. the community needs the support of the political leadership to get the authority. >> that's a great point. double down on what ben said. the role of the president and, number one, selecting the right leadership of the committee. this structure work, but it depends on the character of the dni, the relationship of the dni to the president and the relationship deny to director of the cia. that has to be the product of careful personal choices by the transition team. one would hope with the personal involvement of the president-elect. when it hits the fan he needs to jump o

and then of course you have the fisa court. i appreciated the comments about the fisa court being a check. it is a far from perfect check. it is a secret court which is a complete exception in the american legal system. and so you have judges who are -- they get an application from the fbi or the department of justice and there are internal checks within the department of justice before it gets to the fisa court, but there's no adversary. there's no one on the other side to say on this warrant, i want to challenge it, i want to -- so it's not an adversarial process. it's a secret court. you have the executive and the judiciary. some would argue it's too differential. in the national security context again, you don't want the blood on your hands, judge. i'm not sure i'm convinced that the fisa court is a good check if that's what you look to as solving the problems of the 1960s and 1970s. you also have threat assessments which effectively allow the fbi to follow you physically, to interview people and lie about who they are, the

when we talk about the fisa amendment act and the issues that were with fisa and how outdated it was, that was a three-year process. that was endless hearings, endless amounts of testimony, endless amount of briefings. every single day it was three yards. it was not portrayed sometime as you showed up, you explained why it was updated, and we got a statute. having lived through that for three years, this is something that needs to be done over and over again. and so the community needs the support of the political leadership to get the authorities it needs. >> that is a great point. i will double down on what ben said. the role of the president in selecting the right leadership of the community. i said this structural work, it depends on the character of the dni, the relationship of the dni to the president, and the relationship of the dni to the director of the cia. that has to be a product of turtle choices on the transitional team with the involvement of the president-elect. when it hits the fan, he needs to jump out there. i write in the book about what happened after "the new yor

fisa. of information based on the powers of the executive to defend this country , and obviously they don't need particular authorization to go someplace else in the world and that couldhing conceivably be of value to the u.s. government in defending itself. >> so then it is fair to say that you would characterize 1233 3 as an organizing document, not resource of any authority exercised by the intelligence agencies? >> except it is important to say it is an organizing document, but also a limitation document. it includes restrictions or limitations on activities that are from the point of view of than -- itons other is those limitations that are part of the daily discussion that takes place at agencies like the nsa about whether this particular activity is consistent with the executive order. both in the you role of senior national security legal advisor to the next president of the united states, whoever he or she may be, and i amlook at you and say, thinking about revising and 3,issuing e

fisa you get into those issues. remember the segue issue that a little scooter? it's going to be a question if they can have these vehicles. if you can work for google me or somebody who just sit as a passenger. [laughter] >> that is the future of infrastructure. so talk about materials like asphalt and concrete this table will slake science-fiction. >> right now when something new is designed you don't think about up keep the simple is in boston so what will happen in 30 years? >> good engineers do. because they recognize men and with that of vulnerability but when you are pushing for a new bridge into people are acting like politicians so they don't want to include the cost of maintenance in to build the new building around here. the short answer is people are aware and begin the main and cost on the bridge to be a 4% per year. usually the stated cost doesn't include the finance charges or the interest charges. so these numbers can be very misleading. so the short answer is yes but they are not sensible. [laughter] would they want to give money to universities

. >>> she was an abolitionist and now here he is-- the fisa. tubman will grace us currency. on. >>> highway 92, a look at the traffic in the afternoon, not so bad but that can always change as we get closer to the 6:00 our. we will be right back. >>> a new face will be featured on us currency. >> harriet tubman will be on the $20 bill replacing injured jackson. the leader of the underground railroad will be the first woman on paper currency in more than 100 years. it may look something like this. no word on when the change will happen but it reportedly could happen in the next 15 years. >>> the sharks are looking to grab a third wind before they have to head back down to la. we are joined live from the shark tank less than 3 hours away. i am excited about the game because they just don't win at home. if they win at home, if they can win one you can go back to la and i'm confident that they can win this series and move on. >>> let's check back with our chief meteorologist talking weather for us. some changes coming. >> we have rain which will be great, on friday. you never kn

it's not just under fisa surveillance authorities but for example, the fbi's racial and ethnic mappingrogram which we know from public disclosures the fbi's policy manual for domestic investigations and operations guide permits the fbi or the fbi believes it has the authority to collect and map booklet available demographic information about racial and ethnic communities in its effort to carry out its duties. and i think the public is concerned. the aclu has filed numerous public records request about this program, another authority is being implemented and now it is not leading to widescale racial and ethnic profiling and intelligence gathering investigations? >> thank you. >> so i'm sitting here, right now i will not be able to give the details of the program because it just don't have that in my head. but let me just say this. the protection of privacy and civil liberties is baked into everything we do now. the diog as you referenced has numerous requirements with respect to ensuring that civil liberties and privacy are protected. in addition we have numerous officials within the fb

fisa they have to go on a to fill but then the dollar value of the it to increase. will we have tests ahead year and and with those legal purchases coming in from elsewhere that is coming into the united states that they have half. >> brother any obligations said dealer has to know who the seller is? even though it is the private transaction soon but without legal obligation of the part smooth as though an unwritten but the illegal antiquities travel all the way through the market. >> what can we do read to require these documents be maintained and the law-enforcement parade now needs a search warrant. >> even if he declares something of the very local. the attorney is repeaters 45 lahood to info but your contribution can be interested. could you elaborate it you believe this saving is true if we are better able to do the debt of this is here to find because so much of the damage that to place in europe was a result of the allied bargaining in did this time in his head hit put those who have leave organization did hit hands wave reaches the had 3 million troops did

there is the horrible war in syria, a tear of fisa, the mass migration of refugees and the fear that all of this insecurity is even in democratic countries with all of the impact on our politics that we've seen. all of that should disturb us. i don't think it should surprise us. after all, freedom has advanced in ways over the last few decades. it has been followed by the advances in the internet and the global civil society which has allowed people in just about every close aside in the world to know exactly what they are missing and to connect with each other and people around the world to build effective movements for social change. people often say to me that human rights is a soft issue. i think it is the hardest hard power issue there is because it's advance as a threat some of the most dangerous people in the world. if you are trying to steal an election or to stay in office for life or to profit from corruption, then, of course, you're going to be threatened why ngos and by journalists who try to expose those abuses of power. of course, you can fight back and fight hard and f

the navy wanted to play in the strategic integrated operations as detailed in fisa admiral -- vice admiralerry miller's book. eventually, we put nuclear weapons aboard ballistic submarines. the soviet navy which operated to support the red army took on the mission of defending the motherland from the nuclear bombs. a bluewater nuclear sub that could go after our. what was at stake, anticipated war with the soviet union could go nuclear fast. which i believe was a deterrent to war. before the navasota, i served on a ship that had the slogan [-- had a slogan "the next war is on us." when asked about nuclear weapons, a response was, i cannot confirm or deny the presence of nuclear weapons. one of the challenges operating with the capability of the western pacific was the sensitivity in japan. fortunately, the "i can neither conform -- confirm nor deny was ok with the japanese. finding a general war without nuclear weapons became feasible. let's go to the . -- let's go to the next slide. regarding comparisons with the cold war today, many have noted commonalities between the former soviet unio

there is a lot of ratcial issue then you have the fisa court and i appreciate the general comments about the court being a check. however it is far from a perfect check and there is a huge debate in the legal community because it is a secret court which is a complete exception in the american legal system. so you have judges who are getting an application from the fbi and there are internal checks within the department of justice but there is no advisary or anyone on the other side wanting to challenge it. some might argue the judicial isn't the best because the judge doesn't want the fort lauderdbl hands. so i don't think this court is a good solution. you have threat assessments that allow the fbi to follow you physically, interview and lie about who they are, and without any relevant, no reasonable suspicion, it can be a non-criminal bases. in 2003, under bush, there was an explicit exemption for national security. if it was related to national security, the fbi and law enforcement could use race as a factor. not from an individualize perspective where you have this particular suspect

previous question shall be considered as ordered on the bill as amended, and on any further amendment to fisa final passage -- to final passage, without intervening motion except, one, one hour of debate equally divided and controlled by the chair and ranking minority member of the chair on ways and means, and, two, one motion to recommit with or without instructions. the speaker pro tempore: the gentleman from ohio is now recognized for one hour. mr. stivers: mr. speaker, during consideration of this resolution, all time yielded is for the purpose of debate only. and i now yield the customary 30 minutes to the gentleman from florida, pending which i yield myself such time as i may consume. mr. speaker, i ask unanimous consent that all members have five legislative days to revise and extend their remarks. the speaker pro tempore: without objection, so ordered. mr. stivers: thank you, mr. speaker. mr. speaker, on monday, the rules committee met and reported a rule for h.r. 1206. the no hires for delinquent tax act. and h.r. 4885, the i.r.s. oversight while eliminating spending act. house resol

the one thing i would say, fisa we redoubling our efforts is the grid ask where we are actively exercising the. >> couple years back to my good friend. >> thank you. i just had a brief question that occurs to me during this tremendous question which is a this classified information, if we sought to get a brief on that which you make yourself available in a classified setting for us, as accountable to what sort of legislation might be necessary? >> yes, congressman, we be glad to have a briefing with you. >> is that the case for everybody? >> yes or. >> mr. fugate? >> i would originate most of the data but i would be there, most of the origination of the classified information would come from my partners at the left. >> thank you very much and i yield back. >> with respect to time for our second panel, we're going to move on. i think if i can summarize, and i thank you all for participating today, i think if i can summarize administrator fugate, that play for local and state governments needs to be in terms of weeks, not days. and that's important because that's the first time i've heard wh

fraction of aliens they used to process one cities to process 100 alien spurred day notice closer to fisaer day and it seems to me this is this a record that they should be embarrassed about as mr. carter pointed out that the firms have gone up so much in prosecutions have gone way down the there is another agency in the entire federal government that has the percentage of increase wages keep pouring more and more money into your agency in the year getting less and less for that. i can tell you people all over the country are in breach and upset. are you embarrassed in any way? are you ashamed you're disappointed? surely you're not happy of what we have talked about this morning. >> no, sir. you may have missed when i spoke earlier about the fact of a bite to see not one person injured or killed at the hands of someone in the country illegally. but when people say we have released 19,723 people it fails 2.0 the fact that two-thirds were by court order for the instruction of the supreme court of the united states and that is a misrepresentation. >> is a terrible thing. i have stories up he

you had the opportunity to move the subpoena unless it is a subpoena from the fisa court or unless it an fbi agent under the patriot act. in this case apple to tell the subject of the existence of the search warrant. uber will not challenge anything. they just blindly comply with every order that comes over. stuart: in other words, judge napolitano is about to represent all 12 million people who is breached. >> look and say do you want goober giving your information including credit card information to the government without telling you. stuart: think how much money you could win for 12 million people. you would take 30% of the taking of hourly billing for $3000 an hour. >> but i'd never be on the show again. stuart: you wouldn't need to be. >> is excessive, frivolous litigation. do you use uber? you might be caught up in that. whistling a different tune. stuart: judge napolitano. 11 minutes left in your added here. >> i'm going to find david skinner. the parliamentarian for speech. stuart: if you're just joining us, we've been running the dodgy dave video all morning and it was good.

to get that fisa, you have -- visa, you have to provide information and evidence.ould agree that because so many people come to the u.s. using a visitor visa and they overstay, therefore, they become undocumented, we had to have a more thorough process to affect even those short-term visas because who knows if those folks are coming back. host: in los angeles, eddie, independent. you are up early. go ahead. caller: good morning. thank you very much. greta, iou an apology. i called one month or two months ago and i said that hillary lyingn had been fired for and unethical behavior and again lady from new york clear that they gives no excuse to the terms they used as a racist, but to you, i heard you give a statement toy young our congress does not obey the laws. as far as immigration, we would not have a sanctuary city here. the latino community does grow, but you are talking about the illegal. and it is just sad that you would really condemn african-americans, citizens of this country, as if we don't work or don't want to work. this country was built on the backs o

so for example, there are specific standards about what it means to be a legitimate target under fisa court. what is the standard? probably clause. there are limitations on the duration of the surveillance and the facilities so the phone or where the search is conducted. those have to be described and the judges had to make determinations under the law with respect to what they authorize. importantly, there is limitations on what the government can do with the information once collected. one of the most problematic things is what the fbi did with the information after it collected it. the amount of information that was disclosed to other people and the sensitivity to other people that was exposed was quite astounding. today there are several important parts of the statue that limit that type of use of material. in particularly, the information can't be used for an unlawful purpose. only a lawful purpose. there are court-ordered procedures that apply for m minimization and that means they have to limit the collection consistent with the government's interest in obtaining, producing and