(CNSNews.com) - While Democrats continue with their politically motivated oversight investigations into all things Trump, they're missing the real constitutional issue, Sen. Rand Paul (R-Ky.) told ABC's "This Week" on Sunday.
"The primary underlying constitutional issue here is whether or not the FISA court, which is supposed to spy on foreigners -- which has a lower constitutional standard -- can you use the FISA court to spy on a presidential campaign? Can you use the FISA court to seek information about Americans?
"That truly is a travesty and truly is unconstitutional, and that's the root of the problem we should be addressing."
Paul has long opposed what he calls the growing power of the government to conduct "warrantless surveillance of innocent Americans."
On the subject of Trump obstructing justice, Sen. Paul said Democrat "partisans," including Rep. Adam Schiff (D-Calif.), are trying to make a case where none exists.
Schiff told "This Week" that Trump not only "obstructed" the Mueller investigation, he's now "obstructing Congress," which "does add weight to impeachment."
"The bottom line is, we spent $35 million investigating the president, their conclusion was there was no underlying crime," Sen. Rand Paul said. "This whole kibitzing about, oh, well, maybe he obstructed justice to try to hide an investigation about something he didn't do.
"This is absurd and the American people know it. People have gone to their corners on it, but it's important to remember that this was politically motivated from the very beginning from a political document, from the Hillary Clinton campaign, and that should be investigated because we cannot allow the incumbent parties to weaponize the intelligence communities to spy on Americans or on political candidates or potentially their donors.
"So there is a real danger to this and it is a constitutional one, but the Democrats have it completely upside down."
Paul said the Mueller report found no underlying crime of the Trump campaign coordinating with the Russians to rig the election in Trump's favor:
One of the things that Adam Schiff and the other partisans don't understand is that if you're accused of a crime by a grand jury and they don't indict you, the prosecutor doesn't go all over town saying we thought he did this, we thought he did this, this is all the evidence.
That's why a grand jury is secret. See the Mueller investigation said that the president did not commit any underlying crime, and so now they're all saying he obstructed justice about something that was not considered to be a crime.
So this is really I think degenerated into partisan politics and the best thing we could do at this point is say let's get on with the country's business. Are there some underlying constitutional issues, yes.
The primary underlying constitutional issue here is whether or not the FISA court, which is supposed to spy on foreigners which has a lower constitutional standard, can you use the FISA court to spy on a presidential campaign? Can you use the FISA court to seek information about Americans?
That truly is a travesty and truly is unconstitutional and that's the root of the problem we should be addressing.