[Rodeo]

I'll tell you how I know my local calls are not tapped: to get a tap a law enforcement official would have to swear out an affidavit that there is probable cause to believe I am engaged in a criminal act, and provide supporting documentation and evidence attached to that affidavit.

He or she would then have to get approval to take that affidavit to a federal or state prosecutor. The prosecutor would look at the information and make an independent judgment that probable cause exists to invade my privacy.

The prosecutor would then take all of that to an Article III judge sworn to uphold the constitution, who would look over the affidavit and evidence, and who is accountable if he or she screws up. If the judge determines that a tap complies with the Constitution, my phone will be tapped.

Under the president’s plan, to tap my call to my aunt in Italy, somebody has to call somebody and tell them to do it.