The New Threat to Civil Liberties After Gaza
On this episode of The Time of Monsters, Tom Durkin and Joe Ferguson on FISA renewal.

Here's where to find podcasts from The Nation. Political talk without the boring parts, featuring the writers, activists and artists who shape the news, from a progressive perspective.
On this episode of The Time of Monsters, Tom Durkin and Joe Ferguson join Jeet Heer to discuss the FISA renewal.
Advertising Inquiries: https://redcircle.com/brands
Privacy & Opt-Out: https://redcircle.com/privacy

US Representative Bob Good attends a press conference on the government funding bill at the US Capitol on March 22, 2024, in Washington, D.C. The Freedom Caucus chastised House Speaker Mike Johnson for working with Democrats and urged their Republican colleagues not to support the funding bill while calling for a government spending reduction, increased border security and scaling back of the Foreign Intelligence Surveillance Act.
(Kevin Dietsch / Getty Images)In April, Congress voted to renew one of the most controversial pillars of the national security law, section 702 of the Foreign Intelligence Surveillance Act (FISA). 702, as it is popularly known, allows for warrantless wiretaps in the name of fighting terrorism. Although the measure passed and was signed by President Biden, the vote was exceptionally close, indicating an emerging bipartisan movement to regain the civil liberties lost in the fight against terrorism.
With Israel’s war in Gaza now sparking protests all over the world, the danger of anti-terrorism’s being used to surpress civil liberties grows.
To discuss the politics of 702 renewal on this episode of The Time of Monsters, I was joined by the journalists Doug Bell, a frequent guest of the podcast, and two distinguished lawyers with decades of experience in civil liberties and terrorism cases, Tom Durkin and Joe Ferguson.
Tom Durkin, managing partner at Durkin Roberts in Chicago, has 40-plus years experience in court fighting for and against the government of the United States and, particularly since 9/11, on behalf of its putative enemies. He’s been described in the pages of The Wall Street Journal as one of the busiest national security lawyers in the United States. Notably, he was among a handful of American lawyers selected by the ACLU to be a civilian lawyer helping with the military commissions in Guantánamo Bay, Cuba, where he represented an alleged plotter of the 9/11 attacks.
Joe Ferguson, currently the president of the Civic Federation in Chicago, spent 15 years in the United States Attorney’s Office for the Northern District of Illinois; 10 of those years were spent in that office’s Criminal Division, prosecuting cases involving public corruption, mail/wire fraud, tax fraud, terrorist financing, narcotics trafficking, and labor racketeering. He served as the chief of the Money Laundering and Forfeiture Section, having been its deputy chief. He also held positions as deputy chief of financial crimes and special prosecutions and USAO terrorist financing coordinator.
Subscribe to The Nation to Support all of our podcasts
Support independent journalism that does not fall in line
Even before February 28, the reasons for Donald Trump’s imploding approval rating were abundantly clear: untrammeled corruption and personal enrichment to the tune of billions of dollars during an affordability crisis, a foreign policy guided only by his own derelict sense of morality, and the deployment of a murderous campaign of occupation, detention, and deportation on American streets.
Now an undeclared, unauthorized, unpopular, and unconstitutional war of aggression against Iran has spread like wildfire through the region and into Europe. A new “forever war”—with an ever-increasing likelihood of American troops on the ground—may very well be upon us.
As we’ve seen over and over, this administration uses lies, misdirection, and attempts to flood the zone to justify its abuses of power at home and abroad. Just as Trump, Marco Rubio, and Pete Hegseth offer erratic and contradictory rationales for the attacks on Iran, the administration is also spreading the lie that the upcoming midterm elections are under threat from noncitizens on voter rolls. When these lies go unchecked, they become the basis for further authoritarian encroachment and war.
In these dark times, independent journalism is uniquely able to uncover the falsehoods that threaten our republic—and civilians around the world—and shine a bright light on the truth.
The Nation’s experienced team of writers, editors, and fact-checkers understands the scale of what we’re up against and the urgency with which we have to act. That’s why we’re publishing critical reporting and analysis of the war on Iran, ICE violence at home, new forms of voter suppression emerging in the courts, and much more.
But this journalism is possible only with your support.
This March, The Nation needs to raise $50,000 to ensure that we have the resources for reporting and analysis that sets the record straight and empowers people of conscience to organize. Will you donate today?
