President Donald Trump's pick to head the FBI, Kash Patel, indicated during his Senate hearing on Thursday that while FISA's Section 702 can be used appropriately, a warrant requirement can be impractical in real-time. (AP)
"Some lawmakers have absolutely called for the necessity of a warrant in these situations. And so it makes sense that the senators would ask the nominee to run the FBI whether or not he has an opinion on it," Holloway continued. "But, ultimately, it's not his call."
KASH PATEL HAMMERS ‘GROTESQUE MISCHARACTERIZATIONS’ FROM DEMS AMID FIERY FBI CONFIRMATION HEARING
"I've always thought that there's a middle ground here where you don't have to. And I think there are some situations that warrant a warrant and deserve a warrantless search," Palm Beach County, Fla., state attorney Dave Aronberg told Fox News Digital. "And I think Patel's remarks show that he thinks the same way."
Aronberg noted that under U.S. law, there is a warrant exception under exigent circumstances, i.e. emergency situations, where it is impractical to obtain a warrant.
Kash Patel and President Donald Trump. (Getty Images)
Without the FISA section's reauthorization, the government would be required to seek a warrant to compel any such assistance, which is a process that can span extended periods of time.
Earlier this month, a federal district court ruled that the federal government had violated the Fourth Amendment when it searched the communications of an Albanian citizen residing in the U.S. at the time of his arrest without a warrant. The information had been collected under FISA's Section 702.
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"The individual rights of people in the United States under our Constitution come first," Holloway said. "So having constitutional requirements that sort of frustrate or perhaps slow down law enforcement, this is a tension that is not new at all. And so what we're seeing is this playing out."
Fox News Digital's Liz Elkind and Julia Johnson contributed to this report.
Haley Chi-Sing is a Writer for Fox News Digital. You can reach her at @haleychising on X.
https://www.foxnews.com/politics/legal-experts-say-kash-patels-opposition-warrant-requirement-not-major-split