On Tuesday night, Fox News’s Megyn Kelly conducted an incisive interview with Senator Rand Paul (R., Ky.) about his opposition to the National Security Agency’s metadata-collection program under Section 215 of the PATRIOT Act (the business-records provision). The abbreviated version of the interview as aired is on the Kelly File website, here; the full interview (which runs about 13 minutes and also features Kelly Paul, the senator’s wife) has been posted on Fox News’s blog, here.
I have been making the argument that, while there is a serious question about whether the metadata program violates the statutory limitations spelled out in Section 215, Senator Paul’s claim that it flouts the Constitution is frivolous. It was on this point that Ms. Kelly pressed him Tuesday night. I will address two of the senator’s constitutional claims: the “general warrant” objection and the notion that the Fourth Amendment protects private confidentiality arrangements. I will then add some closing thoughts on other misleading and misguided elements of Paul’s argument.
General Warrant
The senator contends that a court order directing a telecommunications company to turn over the records of usage by its customers is a “general warrant,” an evil the Fourth Amendment was designed to prevent. He evidently does not understand the concept he is invoking.