Judge Andrew Napolitano Thursday said he is "skeptical" about a Washington Post report that the FBI got a Foreign Intelligence Surveillance Court order to monitor the communications of President Donald Trump's campaign adviser Carter Page, as such orders aren't usually issued for individuals.
"That's the way the intelligence community works," Napolitano, the senior judicial adviser for Fox News, told the "Fox & Friends" program. "They don't want to reveal who they are looking for. If they are looking for Carter Page, they will not tell anyone they're looking for him, not even the court. They will put him in a group."
For example, said Napolitano, one of the FISA warrants he saw involved all Verizon customers, or 113 million people, but not a single person was identified.
Napolitano said he questions why Page's name would have been leaked, unless it was to damage Trump, as a very small group of people would have been aware of such a warrant, including FBI agents, judges, Justice Department attorneys, or National Security Agency agents.
"It is almost inconceivable that somebody in that group would commit espionage because of the contents," said the judge. "Who got the warrant and for what purpose is protected at the top secret level. You leak that, you commit a felony."
It's not a felony to report the leaked material, as that is protected by the First Amendment, he said, but "the leaker who is trying to harm the president has committed a felony."
Although it was a small group of people who could have leaked the information, the leaker was "probably a professional and didn't leave any fingerprints," so he or she could be difficult to find, said Napolitano.
"I have been arguing for a long time sometimes until I'm blue in the face that the intelligence community has too much power and too much knowledge, and they can use it tomorrow," the judge added.
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