« previous next »
Pages: [1]   Go Down

Author Topic: Judge: NSA phone program likely unconstitutional  (Read 2031 times)

0 Members and 1 Guest are viewing this topic.

Offline BlueStateSaint

  • Here I come to save the day, because I'm a
  • Hero Member
  • *****
  • Posts: 32553
  • Reputation: +1560/-191
  • RIP FDNY Lt. Rich Nappi d. 4/16/12
Judge: NSA phone program likely unconstitutional
« on: December 16, 2013, 02:05:04 PM »
A headline on Drudge.




Judge: NSA phone program 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 unconstitutional.

U.S. District Court Judge Richard Leon found that the program appears to violate the Fourth Amendment ban on unreasonable searches and seizures. He also said the Justice Department had failed to demonstrate that collecting the information had helped to head off terrorist attacks.

Acting on a lawsuit brought by conservative legal activist Larry Klayman, Leon issued a preliminary injunction barring the NSA from collecting so-called metadata pertaining to the Verizon accounts of Klayman and one of his clients. However, the judge stayed the order to allow for an appeal.

“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,” wrote Leon, an appointee of President George W. Bush.

The preliminary injunction Leon granted Monday does not require him to make a definitive ruling on the constitutional questions in the case, but does take account of which side he believes is more likely to prevail.



Read more: http://www.politico.com/story/2013/12/national-security-agency-phones-judge-101203.html#ixzz2nfcDn17U

Very interesting, indeed.
Logged
"Timid men prefer the calm of despotism to the tempestuous sea of Liberty." - Thomas Jefferson

"All you have to do is look straight and see the road, and when you see it, don't sit looking at it - walk!" -Ayn Rand
 
"Those that trust God with their safety must yet use proper means for their safety, otherwise they tempt Him, and do not trust Him.  God will provide, but so must we also." - Matthew Henry, Commentary on 2 Chronicles 32, from Matthew Henry's Commentary on the Whole Bible

"These anti-gun fools are more dangerous to liberty than street criminals or foreign spies."--Theodore Haas, Dachau Survivor

Chase her.
Chase her even when she's yours.
That's the only way you'll be assured to never lose her.

Offline Mr Mannn

  • Hero Member
  • *****
  • Posts: 14885
  • Reputation: +2648/-276
Re: Judge: NSA phone program likely unconstitutional
« Reply #1 on: December 16, 2013, 05:34:06 PM »
My only comment: "Well Duh!"

Still the rats need a KGB, so they will appeal this ruling.
Logged

Offline DefiantSix

  • Captain, IKS Defiant
  • Hero Member
  • *****
  • Posts: 18637
  • Reputation: +1986/-189
  • "Set Condition One throughout the ship."
Re: Judge: NSA phone program likely unconstitutional
« Reply #2 on: December 16, 2013, 05:52:13 PM »
"Yeah?  And?" [/Obama]
Logged
"Stand your ground. Don't fire unless fired upon, but if they mean to have a war, let it begin here."
-- Capt. John Parker
"I'm not looking for forgiveness, and I'm way past asking permission"
-- Capt. Steve Rogers
"In this present crisis, government is not the solution to our problem, government IS the problem."
-- Ronaldus Magnus

Offline DumbAss Tanker

  • Hero Member
  • *****
  • Posts: 28493
  • Reputation: +1710/-151
Re: Judge: NSA phone program likely unconstitutional
« Reply #3 on: December 16, 2013, 07:50:42 PM »
Saw the 60 Minutes slow-pitch softball game on this yesterday evening.  The NSA via CBS carefully stated that they only actually collected and used the cell call metadata.  That was one of those things that is technically true as far as it goes, but not true at all in a real-world, common-sense way.

What the NSA means when they say that is that they actually capture EVERYTHING in the call, but do not review or analyze anything but the metadata unless and until they are either told to by another agency (Presumably based on probable cause and with at least a claim the other agency really got a FISA warrant) or they develop probable cause and obtain a FISA warrant to do that themselves, for instance based on their call network constructs linking a given number to an on-going investigation.

Legally, what they are doing IS a seizure, the fact that they grab all the call contents is still a seizure whether they review it at the time they seize it or not. 

There is, of course, no oversight, counterbalance, or check whatsoever on their claim to only review said information based on probable cause, since the FISA Court has no power to intervene and investigate, as it is only able to review matters the Administration decides to bring to its attention. 
Logged
Go and tell the Spartans, O traveler passing by
That here, obedient to their law, we lie.

Anything worth shooting once is worth shooting at least twice.

Offline Ptarmigan

  • Bunny Slayer
  • Hero Member
  • *****
  • Posts: 24100
  • Reputation: +1016/-226
  • God Hates Bunnies
Re: Judge: NSA phone program likely unconstitutional
« Reply #4 on: December 16, 2013, 09:12:39 PM »
Good.
Logged
Never interrupt your enemy when he is making a mistake.
-Napoleon Bonaparte

Allow enemies their space to hate; they will destroy themselves in the process.
-Lisa Du

Offline Wineslob

  • Hero Member
  • *****
  • Posts: 14480
  • Reputation: +816/-193
  • Sucking the life out of Liberty
Re: Judge: NSA phone program likely unconstitutional
« Reply #5 on: December 17, 2013, 09:12:48 AM »
Definitely Bush's fault.
Logged
“The national budget must be balanced. The public debt must be reduced; the arrogance of the authorities must be moderated and controlled. Payments to foreign governments must be reduced, if the nation doesn't want to go bankrupt. People must again learn to work, instead of living on public assistance.”

        -- Marcus Tullius Cicero, 55 BC (106-43 BC)

The unobtainable is unknown at Zombo.com



"Practice random violence and senseless acts of brutality"

If you want a gender neutral bathroom, go pee in the forest.

Offline carnac

  • Probationary (Probie)
  • Posts: 9
  • Reputation: +0/-0
Re: Judge: NSA phone program likely unconstitutional
« Reply #6 on: December 21, 2013, 10:16:48 AM »
  Of course it is unconstitutional. A thousand things the Obama administration does is unconstitutional but we have senators (the democratic majority) who put party over country. They will overlook major unconstitutional slights to make sure the demo. party is in power. Obama has a great dislike for the constitution. The senate knows this and does not care. There is no patriotism left in either party; especially the democrat party.
Logged

Offline obumazombie

  • Siege engine to lib fortresses
  • Hero Member
  • *****
  • Posts: 21814
  • Reputation: +1661/-578
  • Last of the great minorities
Re: Judge: NSA phone program likely unconstitutional
« Reply #7 on: December 22, 2013, 01:39:37 AM »
Never listen to what rodeowebuma says. Watch what he does.
Logged
There were only two options for gender. At last count there are at least 12, according to libs. By that standard, I'm a male lesbian.
Pages: [1]   Go Up
« previous next »