They Don't Give a Damn': Judge Nap Slams Congress Over Web Browsing Access That Promotes 'a Police State

The FBI may soon enjoy the authority to access the internet activity of any citizen without a warrant — a continuation of what Fox News judicial analyst Andrew Napolitano described as a decades-old "assault" on the Fourth Amendment.

Lawmakers are considering proposed legislation this week that would grant the FBI that uninhibited access. Critics, including Google and Facebook, have argued such changes would be a violation of Americans' privacy. But, in Napolitano's view, elected officials will argue under the "facade" that it is necessary for the population's safety.

Ultimately, he concluded Congress will pass the legislation.

"This law will pass because the Congress doesn't give a damn about whether it's unconstitutional," Napolitano charged. "[T]he American people should wake up. ... This is a major step toward a police state."

Backing up his argument, Napolitano noted that FBI Director James Comey has suggested that the Constitution encumbers investigations, making the agency's work all the more difficult.

"Guess what. The Constitution is intentionally a pain in the neck so that law enforcement will not run roughshod over our civil liberties," the Fox News senior analyst told network host Shepherd Smith.

Smith said conversations about the topic continues year after year and feel like a "broken record" — a sentiment with which Napolitano strongly agreed.

"It gets worse — it never gets better, no matter who's in the White House, no matter which party controls the Congress," he remarked. "[I]t's always done in the name of keeping us safe. Who, or what, will keep our liberties safe?"

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