Judge Andrew Napolitano

The road to the outcome began about a year ago when Greenwald received email messages from an anonymous yet persistent and intellectually intriguing source. The source demonstrated such a superb command of the Internet, such a patient understanding of Greenwald's need for a basic education in the craft of digital spying, such a Jeffersonian understanding of the constitutional role of government in our lives, and so enticed Greenwald and his editors at The Guardian that, sight unseen, they traveled to Hong Kong to see whether the source possessed the documentary evidence he claimed to have of the most massive and sophisticated American government spying upon innocents in our history. He did.

Greenwald skillfully uses NSA documents to demonstrate that the highest government officials to discuss this spying in public -- President Bush, President Obama, Bush Attorney General Alberto Gonzales, Director of National Intelligence James Clapper, former NSA boss Gen. Keith Alexander -- all lied to the American public, (in the case of Clapper and Alexander, they probably did so criminally, as they were testifying to Congress), and they engaged in a conspiracy to violate the constitutionally protected rights to privacy of every American. After initially denying all this, then disparaging Snowden, then questioning his loyalty, then questioning his sanity, the government reluctantly admitted to all that Snowden revealed. How could it not? Snowden's revelations consist entirely of the NSA's own documents, many of which are reproduced in Greenwald's book.

The government has argued that when it engages in all this spying, it is looking for a needle in a haystack. It claims it can only keep us safe if it knows all and sees all. Yet, such an argument cannot be made with intellectual honesty by anyone who has sworn to uphold the Constitution.

The Constitution was written to keep the government off of the people's backs. The Constitution protects the right to be left alone and the right to be different. The Constitution presupposes the existence of natural rights and areas of human endeavor that are insulated from government knowledge and immune to government regulation, except in the most carefully prescribed circumstances. Those circumstances require that probable cause of crime be possessed by the government about identifiable persons and demonstrated to a neutral judge before the government may engage in any surveillance of that person -- and all those NSA conspirators and all their judicial facilitators know this.

And what has Congress done in response to all this indiscriminate spying -- spying that we now know is done upon members of Congress themselves? The Senate has done nothing, yet. The House passed legislation last week called the USA Freedom Act. This deceptively entitled nonsense so muddies the legal waters with ambiguous language that if enacted into law, the bill actually would strengthen the ability of the NSA to spy on all of us all the time. Is it any surprise that Obama and the NSA leadership support these so-called reforms?

The duty of government is to keep us free and to keep our freedoms safe. If it fails to protect freedom, it should be replaced. If it continues to spy on all of us all the time, then Greenwald's title -- taken from a warning issued by the late Sen. Frank Church in the pre-Internet era -- will have come to pass. We will have no place to hide and no freedoms left to exercise without the government's approval.

Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel. Judge Napolitano has written seven books on the U.S. Constitution. The most recent is "Theodore and Woodrow: How Two American Presidents Destroyed Constitutional Freedom." To find out more about Judge Napolitano and to read features by other Creators Syndicate writers and cartoonists, visit www.creators.com.



Judge Andrew Napolitano

Judge Andrew P. Napolitano is the youngest life-tenured Superior Court judge in the history of the State of New Jersey. He sat on the bench from 1987 to 1995, during which time he presided over 150 jury trials and thousands of motions, sentencings and hearings. He taught constitutional law at Seton Hall Law School for 11 years, and he returned to private practice in 1995. Judge Napolitano began television work in the same year.