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  1. #1
    Do I dare to eat a peach?
    palbert's Avatar
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    Judge: NSA Phone Data Collection Likely Unconstitutional

    NSA Phone Program Likely Unconstitutional, Federal Judge Rules

    A federal judge ruled Monday that the National Security Agency's phone surveillance program is likely unconstitutional, Politico reports.

    U.S. District Court Judge Richard Leon [a Bush appointee] said that the agency's controversial program, first unveiled by former government contractor Edward Snowden earlier this year, appears to violate the Constitution's Fourth Amendment, which states that the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated."

    http://www.huffingtonpost.com/2013/1...n_4454538.html (with full ruling)
    http://www.nytimes.com/2013/12/17/us...ogram.html?hp:

    The Foreign Intelligence Surveillance Court, which secretly approved the N.S.A. program after hearing arguments from only the Justice Department, has maintained that the 1979 decision [Smith v. Maryland] is a controlling precedent that shields the program from Fourth Amendment review. But Judge Leon said the scope of the program and the way people use phones today distinguishes the N.S.A. data collection from the type at issue in that case.
    ....
    Judge Leon also emphasized that he was unpersuaded by the government’s claims that the program served the public interest, pointedly noting that it failed to cite “a single instance in which analysis of the N.S.A.'s bulk metadata collection actually stopped an imminent attack, or otherwise aided the government in achieving any objective that was time-sensitive.”
    The tide is turning. This ruling ultimately would reverse a FISA Court ruling that the collection is Constitutional.

    (The ruling has been stayed pending Government appeal.)

  2. #2
    Do I dare to eat a peach?
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    Re: Judge: NSA Phone Data Collection Likely Unconstitutional

    The FULL DECISION is also here:

    http://apps.washingtonpost.com/g/pag...itutional/668/

    A précis of the decision and the decision are at:

    http://www.techdirt.com/articles/201...junction.shtml

  3. #3
    JUB Addict T-Rexx's Avatar
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    Re: Judge: NSA Phone Data Collection Likely Unconstitutional

    Quote Originally Posted by palbert View Post
    The tide is turning. This ruling ultimately would reverse a FISA Court ruling that the collection is Constitutional.
    Funny how long it takes these people to come around to the conclusions we have expressed on JUB for a year now.

  4. #4

    Re: Judge: NSA Phone Data Collection Likely Unconstitutional

    George W Bush and Dick Cheney started and did a lot of things that were unconstitutional during their administration. NSA spying is just one of many. Torture is another.

  5. #5

    Re: Judge: NSA Phone Data Collection Likely Unconstitutional

    ^^

    ... and yet some still can't accept that Obama is President. Will soon be starting his 6th year.

  6. #6

    Re: Judge: NSA Phone Data Collection Likely Unconstitutional

    President's Surveillance Program

    http://en.wikipedia.org/wiki/Preside...llance_Program

    The President's Surveillance Program (PSP) is a collection of secret intelligence activities authorized by then President of the United States George W. Bush after the September 11 attacks in 2001 as part of the War on Terrorism.
    ...and yet some still can't accept that all this started under George W Bush. Where was the outrage from the right wing then?

  7. #7
    Rambunctiously Pugnacious JayHawk's Avatar
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    Re: Judge: NSA Phone Data Collection Likely Unconstitutional

    I understand you guys enthusiasm on such a decision. However, once the government appeals either it will be reversed or go higher.

    Now if it goes higher does the supreme court not nominate the FISA court? SO is it feasible to think the SCOTUS will go against its own self appointed justices on FISA?

    SMH
    Everyone can be great, because everyone can serve.
    ~ Martin Luther King, Jr.


  8. #8
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    Re: Judge: NSA Phone Data Collection Likely Unconstitutional

    Quote Originally Posted by T-Rexx View Post
    Funny how long it takes these people to come around to the conclusions we have expressed on JUB for a year now.
    It takes a while for the wheels of the law to grind along. A major point is that this couldn't have happened without the recently declassified FISA court material which served as evidence that the metadata collection is so ubiquitous it is impossible that the plaintiffs were not caught up in the net.

    The disgusting part is that the government will manage to play maneuver games to keep any higher-level decision from happening for six to nine months.

    - - - Updated - - -

    Quote Originally Posted by CowboyBob View Post
    George W Bush and Dick Cheney started and did a lot of things that were unconstitutional during their administration. NSA spying is just one of many. Torture is another.
    And Obama picked it all up, ran with it, and added to it.

    "Thirty-one* states allow all qualified citizens to carry concealed weapons. In those states, homosexuals should embark on organized efforts to become comfortable with guns, learn to use them safely and carry them. They should set up Pink Pistols task forces, sponsor shooting courses and help homosexuals get licensed to carry. And they should do it in a way that gets as much publicity as possible. "

    --Jonathan Rauch, Salon Magazine, March 13, 2000

    *the number is now forty

  9. #9
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    Re: Judge: NSA Phone Data Collection Likely Unconstitutional

    Quote Originally Posted by JayHawk View Post
    I understand you guys enthusiasm on such a decision. However, once the government appeals either it will be reversed or go higher.

    Now if it goes higher does the supreme court not nominate the FISA court? SO is it feasible to think the SCOTUS will go against its own self appointed justices on FISA?

    SMH
    Yeah. It's telling that all the current members were appointed by Chief Justice Roberts, and the result has been that the FISA court is a rubber-stamp body operating under rules that make it almost impossible to deny a request.

    "Thirty-one* states allow all qualified citizens to carry concealed weapons. In those states, homosexuals should embark on organized efforts to become comfortable with guns, learn to use them safely and carry them. They should set up Pink Pistols task forces, sponsor shooting courses and help homosexuals get licensed to carry. And they should do it in a way that gets as much publicity as possible. "

    --Jonathan Rauch, Salon Magazine, March 13, 2000

    *the number is now forty

  10. #10
    JUB Addict Sausy's Avatar
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    Re: Judge: NSA Phone Data Collection Likely Unconstitutional

    Come off the petty political posturing... Bush was wrong, and Obama has continued if not expended the egregious invasions on personal liberties started in earnest by the Bush Administration( though goodness knows how many Administrations in both parties abused our liberties for whatever motivation).

    JayHawk makes a great point... but if it is upheld by the Court we have an obligation to put in a Congress and an executive that will rein in the programs rather than ace the near certainty that the SCOTUS to reversethis decision and leave the current travesty in place thanks to the Chief Justice's machinations.
    unofficial official mini meet Friday- Saturday April 11-12, 2014

  11. #11
    Do I dare to eat a peach?
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    Re: Judge: NSA Phone Data Collection Likely Unconstitutional

    Quote Originally Posted by Kulindahr View Post
    Yeah. It's telling that all the current members were appointed by Chief Justice Roberts, and the result has been that the FISA court is a rubber-stamp body operating under rules that make it almost impossible to deny a request.
    I would think the Chief Justice would have to recuse himself. Aside from appointing the judges, by his obligation to appoint them he is de facto or de jure a part of that court.

  12. #12
    Bammer's Papa
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    Re: Judge: NSA Phone Data Collection Likely Unconstitutional

    Quote Originally Posted by palbert View Post
    I would think the Chief Justice would have to recuse himself. Aside from appointing the judges, by his obligation to appoint them he is de facto or de jure a part of that court.
    You mean if a FISA case, such as this one, reaches the Supreme Court? If so, I would have to agree. But then we know that our right-wingers aren't honorable enough to recuse themselves when they ought.

    "Thirty-one* states allow all qualified citizens to carry concealed weapons. In those states, homosexuals should embark on organized efforts to become comfortable with guns, learn to use them safely and carry them. They should set up Pink Pistols task forces, sponsor shooting courses and help homosexuals get licensed to carry. And they should do it in a way that gets as much publicity as possible. "

    --Jonathan Rauch, Salon Magazine, March 13, 2000

    *the number is now forty

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