'Almost Orwellian'

Yard Dart · Dec 22, 2013

AP
“Almost Orwellian” -- that’s the description a federal judge gave earlier this week to the massive spying by the National Security Agency (NSA) on virtually all 380 million cellphones in the United States.
In the first meaningful and jurisdictionally grounded judicial review of the NSA cellphone spying program, U.S. District Court Judge Richard Leon, a George W. Bush appointee sitting in Washington, D.C., ruled that the scheme of asking a secret judge on a secret court for a general warrant to spy on all American cellphone users without providing evidence of probable cause of criminal behavior against any of them is unconstitutional because it directly violates the Fourth Amendment.
Readers of this page are familiar with the purpose of that Amendment and the requirements it imposes on the government. The Framers intended it to prevent the new government in America from doing to Americans what the British government had done to the colonists under the king.
The British government had used general warrants -- which are not based on individualized probable cause and do not name the place to be searched or the person or thing to be seized -- to authorize British soldiers to search the colonists wherever they pleased for whatever they wished to seize.
The reason for the Fourth Amendment requirement of individualized probable cause and specificity in the warrant is to prevent the very type of general warrant that the NSA has claimed is lawful. The reason for preventing general warrants is that they have become an instrument of tyranny.
It is against this well-known historical context that Leon engaged in his analysis of the feds who spy on us. This is truly the first jurisdictionally based judicial ruling on the cellphone aspect of the domestic spying that former NSA contractor Edward Snowden revealed last spring. Though the NSA and the Obama and Bush administrations have claimed that judges of the Foreign Intelligence Surveillance Court (FISC) not only found the NSA cellphone spying to be constitutional, but also authorized it, those judges were performing a statutory clerical function, not a constitutional jurisdictionally based judicial function.
The Constitution requires a case or controversy -- basically lawyers arguing against each other on behalf of clients whose interests are adverse -- in order to invoke the jurisdiction of federal courts. The FISC judges, who sit and sign in secret, do not do so under the Constitution, because they have no case or controversy before them. They have only the NSA before them. Leon was the first federal judge to rule on the constitutionality of NSA spying under the Constitution -- in the context of a litigant challenging the government and the government defending itself. And he found that spying to be in violation of the Constitution.
In his ruling, he dispatched with clarity the government’s argument that two Supreme Court cases from the late 1970s and early 1980s, in which the court permitted evidence obtained from telephone billing data without a search warrant to be introduced in criminal cases, support the constitutionality of the NSA's phone metadata collection. That was before the era of cellphones, and that was before the Supreme Court ruled that a search warrant is required to hunt electronically for marijuana plants in a home and to install and follow a GPS in a car. By ruling that two now-outdated Supreme Court cases are no longer controlling, he almost guaranteed that the high court will take this case.
The NSA was emasculated before Leon. Gone were the lies of Director of National Intelligence James Clapper, who stated under oath that the government does not spy on Americans. Gone was the bravado of NSA boss Gen. Keith Alexander, who claimed initially under oath that his spies stopped 52 terrorist plots and then mysteriously corrected himself and said they really stopped just three, but declined to identify the three. Gone was the if-we-don’t-do-this-we-all-will-die argument. Gone was the if-you-have-nothing-to-hide-you-have-nothing-to-fear nonsense that congressional NSA apologists have advanced.
In place of the political claptrap is the court’s finding that not only is the NSA spying unconstitutional, but it doesn’t work. After hearing the NSA state its case, Leon wrote, “I have serious doubts about the efficacy of the metadata collection program as a means of conducting time-sensitive investigations in cases involving imminent threats of terrorism.” And he added an admonition that it doesn’t help the NSA’s case to be less than candid with the judge.
This was not a difficult case for the court. The government’s behavior was utterly indefensible. It was profoundly dismissive of the Constitution that federal employees have sworn to uphold. Leon wrote: “I have little doubt that the author of our Constitution, James Madison, who cautioned us to beware ‘the abridgement of freedom of the people by gradual and silent encroachments by those in power,’ would be aghast.”
Even though Madison would be aghast, surely the Obama administration will appeal this, and just as surely, appellate judges or Supreme Court justices will have the final say. But for now, we have the great satisfaction of knowing that an independent judiciary has saved our liberties from the tyranny of the majority. And this is a cause for great joy.
* * *
Also a cause for great joy is the rebirth of Christ in our hearts as we celebrate Christmas. As we do so, may you embrace and enjoy the freedom to seek the Truth. And may you find the Truth, which is Him.
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'Almost Orwellian' -- why Judge Leon is right about massive NSA spying program | Fox News
The check and balance of our government has spoken.... this is why Obummer is trying to seat judges with his philosphy and slanted view on how America should be "changed". If they can out number the current constitutionalist judges, with activist judges, they win.... or they think they do until the people pick up their pitch-forks and say enough. Just one more reason to be more proactive in the voting process, to ensure that like minded folks are seated.... to maintain the intergrity of the constitution. If not, the master shall crack the whip on the slave (you) and ye shall pull... lest ye be shot.

Dont · Dec 23, 2013

It is unfortunate for us , that there are not enough of those that have reached that point in their personal growth that they are not as like minded as us, yet...

Gunny Highway · Dec 23, 2013

They are listening - they have been listening and they will keep on listening no matter what the Courts say is my take on this.

My Grandfather was a quiet man - not at all prone to hyperbole etc. This was his greatest fear for liberty. He had me read 1984 and Brave New World when I was probably too young but he took the time to explain the meanings of government intrusion into the average citizens life and the dire forebodings for our freedom when this sort of thing happened and wasn't met with overwhelming and universal outrage.

It's happened and while some people are outraged the general public has remained in its ADHD attention span and its return to the apathy it wallows in...Grandpa - you were right. ( Gunny shakes his head sadly )

kellory · Dec 23, 2013

For the same types of reasons, my father had me read Atlas Shrugged.

mysterymet · Dec 23, 2013

I had a teacher in high school recommend atlas shrugged. Looking back now she was most likely a libertarian.

kellory · Dec 23, 2013

I required my wife to read it before I would marry her. her family are all cops, so I got a full background check before she would marry me.

BTPost · Dec 23, 2013

It is a very good thing my FIL couldn't do a background check on "Me" before I got married...... In my youth, I was kind of an UnCaught Thug, and well known to the local Police.... They just could never catch Me "In the Act" but knew who was behind much of the mischief in the neighborhood. Then after High School, I moved to SE Idaho, for College, and was to busy to do much "Mischief", and after college, I entered my "Hippy Phase" and there were a whole new set of "Irregularities" I could get into... Still never got Caught.... Getting Married, fixed most of those Issues, and settled the "Wild Child" down, some, but the Memories, Oh, the Memories, and the "Wild Child" is still there, under all the "Civilizations" that have happened, since.... .....

Dont · Dec 23, 2013

Wild children of our youth continues to lurk beneath the old guy of our present. At least when it comes to this old guy! Wives are required to control the when and in what manner the child expresses itself..

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'Almost Orwellian'

Yard Dart Vigilant Monkey Moderator

Dont Just another old gray Jarhead Monkey

Gunny Highway Hard Work and Sacrifice blessed by God's Grace

kellory An unemployed Jester, is nobody's fool. Banned

mysterymet Monkey+++

kellory An unemployed Jester, is nobody's fool. Banned

BTPost Stumpy Old Fart,Deadman Walking, Snow Monkey Moderator

Dont Just another old gray Jarhead Monkey

Log in or Sign up

'Almost Orwellian'

Yard Dart Vigilant Monkey Moderator

Dont Just another old gray Jarhead Monkey

Gunny Highway Hard Work and Sacrifice blessed by God's Grace

kellory An unemployed Jester, is nobody's fool. Banned

mysterymet Monkey+++

kellory An unemployed Jester, is nobody's fool. Banned

BTPost Stumpy Old Fart,Deadman Walking, Snow Monkey Moderator

Dont Just another old gray Jarhead Monkey

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