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Judge Rules NSA's "Indiscriminate & Arbitrary" Invasion Of Privacy Likely Unconstitutional
A federal judge ruled Monday that the National Security Agency program which collects information on nearly all telephone calls made to, from or within the United States is likely to be unconstitutional. As Politico reports, Judge Richard Leon blasted, "I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying it and analyzing it without judicial approval." This is the first significant legal setback for the NSA’s surveillance program since Edward Snowden exposed it.
U.S. District Court Judge Richard Leon found that the program appears to run afoul of the Fourth Amendment prohibition on unreasonable searches and seizures. He also said the Justice Department had failed to demonstrate that collecting the so-called metadata had helped to head off terrorist attacks.
...
“Plaintiffs have a very significant expectation of privacy in an aggregated collection of their telephone metadata covering the last five years, and the NSA’s Bulk Telephony Metadata Program significantly intrudes on that expectation,” wrote Leon, an appointee of President George W. Bush. “I have significant doubts about the efficacy of the metadata collection program as a means of conducting time-sensitive investigations in cases involving imminent threats of terrorism.”
...
Leon’s ruling is the first significant legal setback for the NSA’s surveillance program since it was disclosed in June in news stories based on leaks from former NSA contractor Edward Snowden. The metadata program has been approved repeatedly by numerous judges on the Foreign Intelligence Surveillance Court and at least one judge sitting in a criminal case.
The Blog of Legal Times adds:
A federal magistrate judge in Washington today released a 157-page report detailing evidence and testimony in a dispute over the handling of evidence from mass arrests of protesters in downtown Washington in 2002.
U.S. District Magistrate Judge John Facciola did not, however, offer his conclusions on the central issue of whether city or police officials mishandled, concealed or destroyed evidence.
Facciola, who was appointed by U.S. District Judge Emmet Sullivan to probe the evidence-related allegations as a special master, wrote that he wasn't clear on the scope of his authority at this point.
"As I am reluctant to speculate as to Judge Sullivan’s intentions, particularly when the sanctions sought are so severe," Facciola wrote.
The underlying litigation involves mass arrests by the Metropolitan Police Department during protests around Pershing Park in 2002. In recent years, the arrest litigation has been put on hold as lawyers for the plaintiffs and the city fought over allegations that officials mishandled evidence and withheld information from the court.
Facciola's report didn't include a time frame for when Sullivan might decide how the case should proceed. "I will instead issue the following findings of fact but defer issuing conclusions of law until Judge Sullivan indicates the nature of the authority he wishes me to exercise," Facciola wrote, "assuming he intends me to have additional responsibilities once he reviews my findings."
Full judge's report:
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"...so that We the People wouldn't have to hire a filthy lawyer to decipher it..."
Why don't we simply elect a professor of constitutional law to the white house? That way w....
Funny thing--there doesn't seem to be any academic track record on Professor Obama.
Not only is he a shit scholar, but he never actually practiced law (which is necessary to substantively call yourself an attorney)... he has been groomed from an early age to be a politician... typically this entails some military time, but he managed to avoid all that too.
But he's so clean & nice & he's not scary at all, like...like othe...like uhhhh...
He's not scary.
Choomgolfer ~ Fake Sign Language Interpreter.
Hey Obamao, I've got an unambiguous sign for you right here, and it only takes one finger to make.
simple as pie = sempur fi
Justice is blindfolded... :(
..and ball-gagged.
L'Esprit des Lois....a triumph for Justice over corrupt "reasons of state"....it's about time!
And there should be reckoning with consequences for the elected who looked "the other way".
It's high time to to nominate a horse for the SCOTUS.
Pfft! That is sooo 200B.C.
Matching pair with FLOTUS.
"The metadata program has been approved repeatedly by numerous judges on the Foreign Intelligence Surveillance Court..."
You mean that court where the judges keep no records and the other side doesn't get to show up?
Yeah, the FISA court. Think about it for a few moments friends. We have an agency that wants benadiction for its sins, so they go to the high priests, err, FISA court. Do you suspect the NSA does nothing to keep those priests, err, judges, on its side? Wanna bet? I suspect that every year, those judges get Christmas cards, perhaps a picture of the judge himself, with that damned cute court clerk, or maybe some candid shots of his kids. Don't think they'd stoop so low? Think again.
"Judge found dead in bizarre ______________ (skiing, driving, boating, flying, staircase) accident."
you say that, as though it would be a bad thing.
...barbeque, laundry, painting the kitchen, dog-feeding...
......cattle drive accident.
I was just thinking that a bizarre boating accident is needed for this judge in homage of we the PM boating accidents folks. It's always a plane or a car. Why not a boat? One thing is for sure, within 6 months or so, this judge shall meet their maker.
How long shall they kill our prophets while we stand aside and look?
https://www.youtube.com/watch?v=QrY9eHkXTa4
Emancipate yourselves from mental slavery friends.
How about sticking "likely" up your ass your honor. These dumb sons of bitches should be working the frialators, but they would likely fuck that up too.
It will be business as usual.
congratulations, judge obvious.
my question is, what are constitutional rights?
There was a sighting 101 years ago.
I like saying the word "metadata", especially around the dinner table, because it make me feel so smurt.
I mean 'smart'. *tee-hee!*
Plus, as soon as you said 'metadata,' all the smartphones in the room started listening six times harder.
Look at what they are doing to the 2nd amendment also.
Do you see a pattern?
in other news, water is wet, the sky is blue, and women have secrets.
Good news to get on the anniversary of the Real Tea Party.
BITCHEZ BUY SILVER MINES! 1. Check the price of Tobacco and M1 since 1950 http://grabilla.com/03c10-3bf071b9-37a6-40c8-afb6-13a131b9aa78.png 2. Processed Tobacco has the most stable demand no substitution, no cycle. It is clockwork to measure other commodities. Right now Silver is affordable in Tobacco Terms, actually it is cheaper than in 1950. http://grabilla.com/03c10-e918530f-5dc4-4159-b119-23874fec502d.png In tobacco terms, Silver is neither in a bubble neither expensive. Granted it is not as cheap than in beginning of 1999-2003, but it quite cheaper than between 1950-1965 pre-bretton Woods trouble. BUY SILVER MINERS!!!!
You assume you will be able to sell down the road.
The rules change quickly.
Get the real stuff.
For all of you bloviating on the use of "likely", that is a required finding to grant a temporary injuction or restraining order, as in this case. The party making the claim must prove at this early stage, among other things, that it has a likelihood of prevailing in the substantive case to come later.
Although good news, the use of this language does not gaurantee the party will prevail later. When it counts. On th eother hand, it's better than pokein the eye.
I cannot in 10^6 years imagine that those who drafted, debated and ratified the Fourth Amendment would have thought it allowed the federal government to record, retain, collate and analyze the address information on every piece of mail that a citizen might send and receive over the period of years.
Moreover, that such information would be retained where government, in a secret court proceeding without the ability for the defendant to contest the basis for such information, to be used to be the basis for criminal action.
No, these wise founders would have considered that any public official who even entertained such a notion should be immediately impeached and sent packing to Indian Country. Should a foreign power demand that we conduct such pervasive surveillance on the public as a condition of peace, it would be considered and act of war.
But we now have Leviathan government and it is behaving like it is far more concerned about its own security than the security of its citizens. It has been said in several ways by both Jefferson and Reagan that as government expands, personal liberty must retreat. When coupled with the infinite money-printing of the federal reserve, our government is nearly self-funding. Well INFINITE MONEY ENABLES INFINITE GOVERNMENT.
The People have to power, in holding a convention to amend the Constitution, to peacefully repair and redefine the dysfunctional and power-mad federal government, if we would only exercise the power that the Founders gave us, the same Founders that would go to war to destroy the present NSA and those who think its circumvention of the Fourth Amendment is a good thing.
Some Constitutionalists fear that a Constitutional Convention would be hijacked by TPTB and result in more NWO tyranny, supposedly because the process is different than the ordinary amendment process.
http://redressone.wordpress.com/the-lost-right/
This thread is useless without "Boris" chiming in.....
This thread is useless without "Boris Alatovkrap" chiming in.....
Here's why this ruling doesn't matter at all.
1. It would need to get a Supreme Court ruling. Most likely the ruling would be split along party lines (we know which party each one usually votes with). The Dems would vote "give Obama unlimited power to do anything at all" while the Reps would vote the other way....unless a Rep were prez.
2. The prez could then easily say "eff-you" to the Supremes.
3. Yes, Congress could vote to impeach but that would go nowhere. Remember, the Dems control the Senate and they would always vote to give Obama unlimited power.
So in the end this ruling is a minor embarrassment, along the lines of Obama laughing it up and taking selfies at the Mandela funeral. Nothing more. The mainstream media will quickly ignore this story. Oh, and that federal judge will soon be talking to the IRS about iregularities in his tax records.
Here's why this ruling doesn't matter at all.
1. It would need to get a Supreme Court ruling. Most likely the ruling would be split along party lines (we know which party each one usually votes with). The Dems would vote "give Obama unlimited power to do anything at all" while the Reps would vote the other way....unless a Rep were prez.
2. The prez could then easily say "eff-you" to the Supremes.
3. Yes, Congress could vote to impeach but that would go nowhere. Remember, the Dems control the Senate and they would always vote to give Obama unlimited power.
So in the end this ruling is a minor embarrassment, along the lines of Obama laughing it up and taking selfies at the Mandela funeral. Nothing more. The mainstream media will quickly ignore this story. Oh, and that federal judge will soon be talking to the IRS about iregularities in his tax records.
We can't count on the federal courts. There is another way. Nullification! Check out this site;
http://offnow.org/
If only it was 'indiscriminate and arbitrary'... but what it really is is more like 'total, complete, and all-invasive'....
to which south american country this judge will be fleeing?
who's the criminal now?
Keith Assholio Alexander.
So, like FIX IT, Judge !
Dear Judge Richard "The Lion Heart" Leon,
Thank you.
I am sorry that you have to be a hero just to do your job.
You did'nt really have a choice did you?
Merry Christmas to you and yours.
Sincerely,
Wisehiney
.
Well said.
At the NSA today: Well guys, what embarrassing information do we have on this guy? Say what? Nothing? Are you kidding me? Everyone breaks three federal laws every freaking day, and you got nothing? Slackers!!!
No problem, just make something up, and get the guys over at special effects to fake up some incriminating photos. And oh, offer a few criminals early release if they claim this guy conspired with them. Oh, and plant some drugs on his kids... or wife. If that's not enough, get back to me. We'll find something or make something up. We always do. Signed, NSA thug.
Ed Snowden got out of Dodge before he was Vince Fostered.
BREAKING: Sandy Hook a Conspiracy WITH LOADS OF PROOF!
http://www.youtube.com/watch?v=VrngdgUixYg (30:19)
SANDY HOOK - The Documentary (Part 1/2) 2013 OFFICIAL
http://www.youtube.com/watch?v=0EwIvy1GXRU (1:29:26)
SANDY HOOK - The Documentary (Part 2/2) 2013 OFFICIAL
http://www.youtube.com/watch?v=kE5Gpwwrblc (1:27:24)
~//~
Anchorman - "You Stay Classy San Diego"
http://www.youtube.com/watch?v=MgGCIZi1UjY (0:08)
The scary part is without Snowden violating the law the vast majority of people would never had known the breadth of surveillance against all citizens. The only people that truly understood the NSA capabilities were our enemies(perceived or otherwise). Oh, they knew or suspected the whole time. The sheep are the last to know. Then it's too late. Dinner time for the wolves.
they must protect citizens from anarchy, so they the government can have anarchy and do whatever the hell they want.
South Park Mr Garrison Merry F ing Christmas
http://www.youtube.com/watch?v=iFNqvcTtfz8 (2:04)
http://archive.wbai.org/#ankor1
Monday December 16 4:00pm
letters and politics
mitch interviews rick hanson,
author of " Buddha's Brain".
,
(negativity bias)
thanks
p (mike).
"neurons that fire together wire together" ....
rick hanson
likely?
The judge must have forgot his /sarc tag. Easy to do.
NSA's bulk collection of data likely unconstitutional, says judge
http://america.aljazeera.com/articles/2013/12/16/federal-judge-rulesagai...
..."likely" has family.
About a year ago, Wired magazine revealed that the NSA had gamed, or backdoored, a widely used random number generator. As RNGs are commonly used in everyday cryptography, anyone who used that RNG for encryption (think online transactions) now has a bit of a problem. If NSA has a backdoor, how secure is NSA's backdoor? It ain't just our phone sex the NSA brats are listening to, they very likely know every transaction you've made. The NSA is a significant threat to our security.
check this out.
597 Christmas Within You
http://www.youtube.com/watch?v=QT9__e75GGw
.
who would have guessed that the bible is a
psycho, spiritual anatomy manual,
not me. yet-but.....
today i read in the waiting room to which i was directed
" christ, the head of this house,...
"..Product Description
Contemporary wall decor in rich wood-look frame displays graphic stone backdrop with dimensional metal cross medallion in antique finish. Stylistic font header "Jesus" with Scripture sentiment from Matthew 18:20. 8.5" x 12.5".
Jesus Christ is the head of this house,
the unseen guest at every meal,
and the silent listener to every conversation.
Where two or three come together in my name, there am I with them."
.
http://www.christianbook.com/jesus-christ-this-house-framed-print/pd/036245
.
anyway ...
there it is.
addendum- the one i read said "host" rather than "guest"
as was quoted above; there may be no distinction with
a difference here?
There are none so blind as those who will not see. The most deluded people are those who choose to ignore what they already know’
that what you said includes us all and sums it up.
thanks.
"I will be happy to retire next year" after a little phishing? :(/
Snowden was right! The government lied to "we the tax payers". I hope Snowden takes the gloves off and destroys the lying bastards.
My, what convenient timing this is. Just a coincidence that this happend just after they finish packing the DC Circuit Court of Appeals.