The NSA's Massive Phone-Tracking Program Is Legal, New York Judge Finds

Tyler Durden's picture

Less than two weeks after Federal Judge Richard Leon ruled that the NSA's "indiscriminate and arbitrary" invasion of privacy is "likely" unconstitutional, giving a trace of hope that America may rise above its Orwellian Banana republic status, here comes New York City District Judge William Pauley to slam the coffin shut on US privacy and the Fourth amendment, and make a mockery of Edward Snowden's alternative Christmas message. Moments ago the WSJ reported that "a federal judge in New York City has ruled that a massive U.S. phone-tracking program is legal."

U.S. District Judge William Pauley issued the decision Friday, saying the program "represents the government's counter-punch" to eliminate al Qaeda's terrorist network by connecting fragmented and fleeting communications.


The ruling notes the terrorist attacks in 2001 and how the National Security Agency's phone data-collection system could have helped investigators connect information before the attacks occurred.


The judge dismissed a lawsuit brought by the American Civil Liberties Union. The ACLU didn't immediately respond to a message for comment.

Bananas for everyone!

From Pauley's ruling, the lies emphasized in bold:

There is no evidence that the Government has used any of the bulk telephony metadata it collected for any purpose other than investigating and disrupting terrorist attacks. While there have been unintentional violations of guidelines, those appear to stem from human error and the incredibly complex computer programs that support this vital tool. And once detected, those violations were self-reported and stopped. The bulk telephony metadata collection program is subject to executive and congressional oversight, as well as continual monitoring by a dedicated group of judges who serve on the Foreign Intelligence Surveillance Court.


No doubt, the bulk telephony metadata collection program vacuums up information about virtually every telephone call to, from, or within the United States. That is by design, as it allows the NSA to detect relationships so attenuated and ephemeral they would otherwise escape notice. As the September 11th attacks demonstrate, the cost of missing such a thread can be horrific: Technology allowed al-Qaeda to operate decentralized and plot international terrorist attacks remotely. The bulk telephony metadata collection program represents the Government's counter-punch: connecting fragmented and fleeting communications to re-construct and eliminate al-Qaeda's terror network.


"Liberty and security can be reconciled; and in our system they are reconciled within the framework of the law." Boumediene, 553 U.S. at 798. The success of one helps protect the other. Like the 9/11 Commission observed: The choice between liberty and security is a false one, as nothing is more apt to imperil civil liberties than the success of a terrorist attack on American soil. The 9/11 Commission Report, at 395. A court's solemn duty is "to reject as false, claims in the name of civil liberty which, if granted, would paralyze or impair authority to defend [the], existence of our society, and to reject as false, claims in the name of security which would undermine our freedoms and open the way to oppression. American Comm'cns Ass'n,  C.I.O. v. Douds, 339 U.S. 382, 445 (1950) (Jackson, J., concurring in part and dissenting in part).


For all of these reasons, the NSA's bulk telephony metadata collection program is lawful. Accordingly, the Government's motion to dismiss the complaint is granted and the ACLU's motion for a preliminary injunction is denied. 

And a brief bio on the Judge:

Born in Glen Cove, New York, Pauley received an A.B. from Duke University in 1974 and a J.D. from Duke University School of Law in 1977. He was a law clerk, Office of the Nassau County Attorney, New York from 1977 to 1978. He was a Deputy county attorney of Nassau County Attorney' Office, New York in 1978. He was in private practice in New York City from 1978 to 1998. He was an Assistant counsel, New York State Assembly Minority Leader, New York from 1984 to 1998.


Pauley is a federal judge on the United States District Court for the Southern District of New York. Pauley was nominated by President Bill Clinton on May 21, 1998, to a seat vacated by Peter K. Leisure. He was confirmed by the United States Senate on October 21, 1998, and received his commission on October 22, 1998.


Among his notable decisions was that involving Ben-ami Kadish, a U.S. national who pleaded guilty to passing classified information to Israel.


Full ruling below:

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.
Harlequin001's picture

Well it was worth the Revolution wasn't it. What next?

hedgeless_horseman's picture



Law firms bribing judges via unlimited campaign contributions is also legal.

Bribery is an act of giving money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty.

Buckaroo Banzai's picture

That "judge" looks like a Grade-A, satan-worshipping, child-molesting, baby-eating douchebag.

Skateboarder's picture

Fuck you William Pauley, I hope you get a camera firmly lodged in your anus for the rest of your life.

machineh's picture

Just another salaried-for-life hack in black in the tradition of John 'Obamacare' Roberts.

Fuck the federal judiciary!

akarc's picture

"Fuck the federal judiciary!"

Until we have equal protection under the law. And yes I know it is a fantasy. But provide me with countless opportunities to say FUCK THEM ALL. Including the state and local gestapo'po's

pods's picture

Guy looks like he is the straight and narrow type that enjoys buggering little kids when only the NSA is watching.


dryam's picture

Hell yes it's legal as long as you are in a communist country & don't go by the Constitution this country was founded on.

Stuart's picture

Everyone outside the US should boycot traveling to the US or buying anything from the US.  It's a fascist State.   To Judge Pauley, FUCK YOU!  Any society that throws civil liberties under the bus in the name of security, soon finds itself thrown the bus, from within.   Hitler used much the same reasoning.  

BoNeSxxx's picture

I just read the opinion... didn't get much past the 1st sentence.

9/11 blah, blah, blah.  How many times are they going to trot out that old and tired excuse to confiscate more liberty?

Wait, never mind.  I am afraid the answer is: 'until they have a fresh example'.  Stay frosty friends and watch your six.

InjectTheVenom's picture

phone number to the HONORABLE Judge's chambers :  212 805 6387

1000 splendid suns's picture

Fuck You, your 'Honor'. 

"nothing is more apt to imperil civil liberties than the success of a terrorist attack on American soil"

False. It's you bought-and-paid-for congress critters and judges that imperil civil liberties.

FEDbuster's picture

NSA is doing a little "judge shopping".  Kangaroo courts and crony, corrupt judges.

Scarlett's picture

Just remember how the Nazis ended up, people.  

That's the way going forward.

chumbawamba's picture

Well, Doucheface tells you right here who your enemy is:

The bulk telephony metadata collection program is subject to executive and congressional oversight, as well as continual monitoring by a dedicated group of judges who serve on the Foreign Intelligence Surveillance Court.

This black robed priest of the Synagogue of Satan just committed treason in public view.  Not only that, but he put it down in legal reasoning, subscribed to it with his signature, and then filed it into the public record.  He's laughing at you plebes.  Just laughing.  Because he knows that no one will have the balls to do anything about it, and at any rate, he has judicial immunity.  He'll continue collecting off the cases that come before him in the legal casino that is American "justice", and then retire on all his winnings.

And you all will still be sad, poor American fucks.

I am Chumbawamba.

SafelyGraze's picture

an excellent ruling by one of our finest judges.

this is why we appointed him.


also, we have bunches of video he didn't want his wife to see 

Decolat's picture

Currently this is the top story on GoogleNews. MSM didn't give two shits concerning the anti contstitutional ruling of the spy program two weeks ago. Further proof MSM is bought and paid for propaganda, diversion, and distraction. 

bruce1337's picture

"Assassination Politics"...

For those who make peaceful justice impossible will make violent justice inevitable. 

TheFourthStooge-ing's picture


Fuck You, your 'Honor'. 

"nothing is more apt to imperil civil liberties than the success of a terrorist attack on American soil"

False. It's you bought-and-paid-for congress critters and judges that imperil civil liberties.

Exactly. The 9/11/01 attacks didn't imperil civil liberties, the government overreaction did. Funny how something as insidiously anti-American as the "PATRIOT" act was already written and ready to go at a moment's notice. It was like they were just waiting for an excuse to implement it. The only work they had to do on it after 9/11/01 was crafting a name for it which would give it a jingoistic acronym.

But hey, it's all for the "homeland", comrade.

akak's picture

Homeland, Homeland, uber alles ....

analyzer_66's picture

Didn't the Boston marathon bombing with its international
tie in basically defeat the entire NSA phone phreaking
Program? Those guys in Boston pulled off the attack
And we still had people running around yelling bomb
drill that very day.

Mad Mohel's picture

Written all over that fucking scums face. They had the dirt on him and told him to play nice.

EscapingProgress's picture

The guys with the guns make the rules. Laws are just part of the fanciful religion of statism that is fed to the masses. The only protection you can have from the state comes from a bullet-proof vest. Words on paper strung together in incomprehensible sentences can't stop bullets.

Kirk2NCC1701's picture

pods, I concur.  I know we shouldn't judge a Judge by his Cover, but this guys strikes me as a Closet Perv.  Creepy.

Trucker Glock's picture

He looks like a person who would vow allegiance to der Fuhrer (TPTB, not Maobama).  He looks weak, but crazed in the eyes, like a lower level Nazi war criminal.  His entire career in the New York courts.  He's not to be trusted.

Crash Overide's picture

Kangaroo courts, banana republic, police state, etc... when will enough be enough for people in this taken over country we used to call USA?

I don't care what some bought off fucking judge says, they can't do it and it's illegal, their justification does not hold water.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Colonel Klink's picture

Another of Judge Pauley's decisions seem sympathetic to the cheesepopes

..... the readers of the Guardian may never know that the case of American citizen AmCit James Giffen spelled incorrectly in the cable was dismissed by US District judge William H Pauley III because the bribes he gave to the Kazakh officials were authorized by the CIA the judge publicly lauded the notorious fixer as a Cold War warrior who helped the Jewish cause and stated for the ......


Me thinks there is something rotten about Judge William H. Pauley, III in light of this NSA ruling.

Tim_'s picture

U.S. man evades jail time in 'mysterious' case of spying for Israel

"Court documents showed that Ben-Ami Kadish, who was fined $50,000 but spared prison time, reported to the same handler as Jonathan Pollard, an American who spied for Israel in the 1980s and triggered a scandal that rocked U.S.-Israeli relations."

"Kadish pleaded guilty in December to acting as an unregistered agent of Israel. He was arrested in April 2008 on four counts of conspiracy and espionage. The spying charge, dropped under a plea deal, had carried a possible death sentence."

"[U.S. District Judge William Pauley] said he gave a lenient sentence due to Kadish's age and infirmity, but said Kadish had committed 'a grave offense' and had 'abused the trust' of the United States."

Tim_'s picture

NSA 'routinely' shares Americans' data with Israel - Snowden leak

"The NSA regularly shares raw US intelligence data with Israel without even removing information about American citizens, according to the latest revelation published by the Guardian. The report is based on a document leaked by Edward Snowden."

"On Tuesday, September 11, the Guardian published a previously undisclosed document which revealed top-secret policies in place since 2009 that are used to share personal phone and Internet data pertaining to United States citizens with American ally [sic] Israel."

Tim_'s picture

U.S. Jew indicted as possible Israel spy

"New documents presented in federal court in Washington, D.C. reveal deep ties (more than was known) between Israel Aerospace Industries (IAI) and Dr. Stewart David Nozette, an American astronomer accused of spying for Israel."

"The FBI searched Nozette's home and computer and found additional proof of his connection to Israel. He visited ["Israel"] several times, but did not report this - as is required by his high security clearance. The FBI confiscated letters he wrote to Israelis, reports he forwarded to the IAI, a map of Israel, photos of assorted places in Israel, a Hebrew-language catalog of archaeological artifacts and other items."

"The operation followed the former astronomer's interrogation on suspicion of tax evasion and defrauding the U.S. government."

Tim_'s picture

Benjamin Netanyahu Worked Inside Nuclear Smuggling Ring

"Counterespionage debriefing reveals how Israel targeted U.S."

"On June 27, 2012, the FBI partially declassified and released seven additional pages [.pdf] from a 1985–2002 investigation into how a network of front companies connected to the Israeli Ministry of Defense illegally smuggled nuclear triggers out of the U.S."

"The newly released FBI files detail how Richard Kelly Smyth — who was convicted of running a U.S. front company — met with Benjamin Netanyahu in Israel during the smuggling operation. At that time, Netanyahu worked at the Israeli node of the smuggling network, Heli Trading Company. Netanyahu, who currently serves as Israel’s prime minister, recently issued a gag order that the smuggling network’s unindicted ringleader refrain from discussing 'Project Pinto.'"

Colonel Klink's picture

Hahahaha, how aptly named "project pinto".  I'm sure it explodes if you touch the subject.

bruce1337's picture

Leniency because of infirmity...anyone remember John Demjanjuk?

Tim_'s picture

"On the Record" with Greta Van Susteren - Video


James Traficant was a member of the US House of Representatives from Ohio.

"I brought that guy back from Israel, John Demjanjuk. It was my Freedom of Information Act which proved not only that he was innocent, but who Ivan really was. The case was so sensitive, members of Congress would say, 'Jim, I love you. But please, don't involve me.'"

"I sent my evidence to the 6th Circuit Court in Cincinnati. They wouldn't accept it. I finally send it over to Israel, to the Israeli Supreme Court, and they called me over there, and I went with the family. I did a live interview satellite with Bryant Gumbel, and I said, 'When they put this innocent man to death, they're going to lose $15 billion to $20 billion every year they get from the American taxpayers.'"

"And Bryant Gumbel says, 'What are you talking about? They only get $3 billion.' And I said, 'Bryant, that's only the foreign aid bill. Look at all of the other trade compacts, economic assistance, military assistance.'"

"I am saying this to you right now -- Israel gets approximately $15 billion a year from the American taxpayers. That $15 billion is $30,000 for every man, woman and child. And people in my district are losing their pension benefits."

"So, I was targeted big-time."

CH1's picture

$15 billion a year from the American taxpayers. That $15 billion is $30,000 for every man, woman and child.

Trafficant isn't very good at math.

Tim_'s picture

These figures were current as of November 1, 1997. The situation had surely deteriorated by the time of Mr. Traficant's statement in 2009.

U.S. Financial Aid To Israel: Figures, Facts, and Impact

Cost to U.S. Taxpayers of U.S. Aid to Israel

Grand Total

Total Taxpayer Cost per Israeli

Twelve years later, the total taxpayer cost per "Israeli" could easily exceed $30,000, so if anything, Mr. Traficant is underestimating the true cost.

Drifter's picture


Seems all the "revolution" will amount to is name calling and FUs.

Americans are the most pathetic disgusting cowardly sheep on the planet.  400 million guns and NOTHING will be done to stop America's slide into communism.  

akarc's picture

Apparently he has had a camera up his ass, thus the ruling.

MarsInScorpio's picture

I wonder what dirt they used to blackmail him.


Race Car Driver's picture

They didn't need to blackmail him. He sucks elite cock for a living and will happily swallow when told.

Pegasus Muse's picture
William Pauley -- la douche bag de Jure.
AlaricBalth's picture

What a surprise!!!

In May 2012 Judge Pauley ruled the U.S. government's secret interpretation of sections of the Patriot Act were too "secret" to disclose, and granting a FOIA request by Charlie Savage of the NY Times would damage national security.

Free and open governance is not a principle to which which Judge Pauley adheres.


MarsInScorpio's picture

Can you spell S-T-A-R C-H-A-M-B-E-R?


Colonel Klink's picture

Yep and they're specifically ILLEGAL under the now thouroughly shredded Constitution.

Kobe Beef's picture

Admiralty Law. Judges may do as they wish. The Constitution doesn't apply because you, the legal person, aren't a party to it.

The Gooch's picture

GWB's cousin was a judge on a 911 lawsuit too.


Dapper Dan's picture

Charlie and Larry telling us why spying is good.


I watched this when it aired,  I could not belive that Larry Ellison said (paraphrasing) "we should embrace the spying and that it is in our best interest", If Charlie Rosey had any integrity he would have mentioned that Larry started out doing the following;

Larry Ellison was born out of wedlock to a 19-year-old mother, and raised by her aunt. As a boy he showed an aptitude for math and science, and as a young man he was a computer programmer for Ampex Corporation. His primary project for Ampex was crafting a large-scale database for the Central Intelligence Agency (CIA). The database was code-named "Oracle".