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Judge: NSA phone program likely unconstitutional
politico.com ^ | 12/16/13 | JOSH GERSTEIN

Posted on 12/16/2013 11:28:36 AM PST by ColdOne

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.

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.

(Excerpt) Read more at politico.com ...


TOPICS: Breaking News; Government; News/Current Events
KEYWORDS: captainobvious
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1 posted on 12/16/2013 11:28:37 AM PST by ColdOne
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To: ColdOne

http://www.johnspeedie.com/healy/Uh_Yeah.mp3


2 posted on 12/16/2013 11:32:23 AM PST by BenLurkin (This is not a statement of fact. It is either opinion or satire; or both.)
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To: ColdOne
Unconstitutional?

What does that have to do with anything in the Age of Ubama?

3 posted on 12/16/2013 11:34:37 AM PST by E. Pluribus Unum (Who knew that one day professional wrestling would be less fake than professional journalism?)
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To: ColdOne

Ya think? o.0


4 posted on 12/16/2013 11:34:37 AM PST by Jack of all Trades (Hold your face to the light, even though for the moment you do not see.)
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To: ColdOne

http://www.lawfareblog.com/wp-content/uploads/2013/12/Klayman.pdf


5 posted on 12/16/2013 11:34:56 AM PST by abb
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To: ColdOne

Tell it to the Judge.


6 posted on 12/16/2013 11:35:24 AM PST by bunkerhill7 ("The Second Amendment has no limits on firepower"-NY State Senator Kathleen A. Marchione.")
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To: ColdOne

Is he trying to say Snowden is a “man for the people”....


7 posted on 12/16/2013 11:37:19 AM PST by Sacajaweau
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To: ColdOne

Finally!
I expect the DOJ to spend the next 3 years trying to block it from reaching the SCOUS


8 posted on 12/16/2013 11:37:47 AM PST by Zathras
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To: ColdOne

Government is operating criminally and illegally?

What a shocker !!!


9 posted on 12/16/2013 11:39:26 AM PST by dragnet2 (Diversion and evasion are tools of deceit)
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To: ColdOne
There is very little Constitutional law left in America that the communists Democrats have not destroyed.
10 posted on 12/16/2013 11:39:40 AM PST by Logical me
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To: ColdOne

Who could have seen this coming?

LMAO...


11 posted on 12/16/2013 11:41:36 AM PST by DoughtyOne (Reagan 1980: Shining city on a hill / RNC 2013: Dim flickering candle in a dark deserted dungeon.)
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To: ColdOne

Likely?? You mean a “chance” ....


12 posted on 12/16/2013 11:42:38 AM PST by SkyDancer (Live your life in such a way that the Westboro church will want to picket your funeral.)
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To: ColdOne

“Constitution? Schmonstitution! We don’t need no stinkin’ constitution.”

signed, Dork-O-Dent Bar-da-Deck Obmaloon.


13 posted on 12/16/2013 11:42:41 AM PST by Da Coyote
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To: ColdOne

Freaking Duh!


14 posted on 12/16/2013 11:43:03 AM PST by servantboy777
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>> He also said the Justice Department had failed...

All three branches are likely entangled in the alleged violations.

How many of our “representatives” are addressing the privacy concerns expressed by the citizens? There must be a few, but I can’t name one.


15 posted on 12/16/2013 11:43:25 AM PST by Gene Eric (Don't be a statist!)
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To: ColdOne

Carney: “A racist and extreme federal judge ruled that...”


16 posted on 12/16/2013 11:46:42 AM PST by AppyPappy (Obama: What did I not know and when did I not know it?)
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To: Da Coyote

He ruled that illegal wiretaps are illegal.


17 posted on 12/16/2013 11:47:15 AM PST by AppyPappy (Obama: What did I not know and when did I not know it?)
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To: ColdOne

O.K. Judge, it’s unconstitutional. I could have told you that. So now whatcha gonna do about it? Furrow your brow? Oh Dear!


18 posted on 12/16/2013 11:55:38 AM PST by lee martell
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To: ColdOne

Wouldn’t it be nice if the corrective action was a judicial order to destroy the database and all the phone records it contains?


19 posted on 12/16/2013 11:59:37 AM PST by BuffaloJack (Democrats believe in a two-party system—the masters and the slaves.)
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To: Logical me
There is a long history government wiretapping. In the Olmstead case (1928), SCOTUS said there is no expectation of privacy in a phone call. No warrant required. That changed in 1967, in the Katz case, whereby investigators need a warrant (with some exceptions).

So, the government gets around that by saying the NSA is not an investigating body. It merely gathers information. The investigators still need a warrant, but once they have the warrant, they can access the NSA database.

20 posted on 12/16/2013 12:04:50 PM PST by Cboldt
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To: ColdOne

Where is the US House on IMPEACHMENT? That is just a rhetorical question.


21 posted on 12/16/2013 12:06:34 PM PST by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: ColdOne

This judge better hope he never did anything Illegal, Immoral or ‘I’mbarassing. If he did, the NSA will be showing him the evidence befoire the end of the day, and telling him that it will be made public if he doesn’t reverse his opinion.


22 posted on 12/16/2013 12:15:46 PM PST by LegendHasIt
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To: ColdOne
Finally!
23 posted on 12/16/2013 12:16:41 PM PST by Red in Blue PA (When Injustice becomes Law, Resistance Becomes Duty.-Thomas Jefferson)
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To: ColdOne

Likely? Likely? Likely? Likely? Likely? Likely?

More like “MOST DEFINITELY”


24 posted on 12/16/2013 12:18:09 PM PST by GraceG
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To: Cboldt
"So, the government gets around that by saying the NSA is not an investigating body. It merely gathers information. The investigators still need a warrant, but once they have the warrant, they can access the NSA database.

In theory, this should work just fine.

Even if the government doesn't collect this information, it doesn't change the fact that the information is still there to be collected by those that have the means to do so (i.e. corporations, or foreign governments).

NSA or not, there can be no expectation of privacy in an electronic communication of any kind.
25 posted on 12/16/2013 12:25:08 PM PST by indthkr
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To: Logical me
There is very little Constitutional law left in America that the communists Democrats have not destroyed.

Hey, it's not just the Democrats. The Republicans are in on it too.

(I've seen one where "war on drugs" is replaced w/ "war on terror".)

26 posted on 12/16/2013 12:27:54 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Cboldt
So, the government gets around that by saying the NSA is not an investigating body. It merely gathers information. The investigators still need a warrant, but once they have the warrant, they can access the NSA database.

The problem with that rationale is that using it they have a "information-gathering" crew could go into your house collect everything, have the investigation-crew talk to people and then have "suspicion of reasonable cause" wherewith to get a warrant and go through your things.

No good will come of this.

27 posted on 12/16/2013 12:31:26 PM PST by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark
The only way it plays out is in court, usually on criminal charges. The judges then are pretty good about tossing evidence obtained without a warrant.

So, the practice of over-sampling (if you will) has no downside risk. None. The bootstrapping issue you raise doesn't exist for the investigators. They have to have suspicion before they can access your NSA file, and armed with suspicion, they can easily get a warrant.

28 posted on 12/16/2013 12:36:10 PM PST by Cboldt
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To: lee martell

Let’s say it is ruled unconstitutional, as it should be. How would we know the program has been stopped? Should we trust the same government that was spying on us illegally to dismantle their own program?


29 posted on 12/16/2013 12:46:42 PM PST by VA_Gentleman ("Poor Al Gore. Global warming completely debunked via the very internet you invented." -Jon Stewart)
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To: Cheerio

Prolly golfing with Bammy.


30 posted on 12/16/2013 12:57:29 PM PST by F15Eagle (1Jn4:15;5:4-5,11-13;Mt27:50-54;Mk15:33-34;Jn3:17-18,6:69,11:25,14:6,20:31;Ro10:8-11;1Tm2:5-6;Ti3:4-7)
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To: ColdOne

This is a District court decision. And the judge stayed the decision pending an appeal which will drag on for years.


31 posted on 12/16/2013 12:58:06 PM PST by RKBA Democrat ( There is no worst president but owebama, and valerie jarrett is his prophet.)
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To: ColdOne

Impeachment File for for the 2014 Impeachment of “B. Hussein Obama,” aka Barry Soetoro, a documented legal citizen of the Sovereign Nation of Indonesia.


32 posted on 12/16/2013 1:04:02 PM PST by Graewoulf (Democrats' Obamacare Socialist Health Insur. Tax violates U.S. Constitution AND Anti-Trust Law.)
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To: ColdOne

Finally, a judge who is doing his job.


33 posted on 12/16/2013 1:05:17 PM PST by LowTaxesEqualsProsperity
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To: ColdOne

The article made it a point to say that this had been going on for the past 7 years (gotta get the Bush admin in on this). But wasn’t the program more limited under the Bush admin? Didn’t they have to go to the FISA report and get a warrant to collect information about calls from SPECIFIC numbers, not a metadata collection?


34 posted on 12/16/2013 1:18:15 PM PST by Purrcival (Four more years of OBAMA??????????? I hope this country can survive.)
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To: LowTaxesEqualsProsperity
yep...a republican judge at that
35 posted on 12/16/2013 1:21:00 PM PST by trustnooneever
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To: Cboldt

“They have to have suspicion before they can access your NSA file”

Who is “they”? Snowden had access to all the data. Many others probably have access and are willing to sell it to the highest bidder. Then you also have hackers and corrupt politicians.

Never assume that a government program will work as it’s supposed to (ie. in compliance with the law). Because it never does.


36 posted on 12/16/2013 1:27:07 PM PST by BarnacleCenturion
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To: ColdOne

So they’ll do it anyway.....


37 posted on 12/16/2013 1:40:34 PM PST by Tzimisce
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To: OneWingedShark
This one is very, very close to the truth.

We are all being played.


38 posted on 12/16/2013 1:44:50 PM PST by zeugma (Is it evil of me to teach my bird to say "here kitty, kitty"?)
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To: indthkr; Cboldt
So, the government gets around that by saying the NSA is not an investigating body. It merely gathers information. The investigators still need a warrant, but once they have the warrant, they can access the NSA database.

The Fourth Amendment is fairly comprehensive:

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. My phone usage is under contract for me to have private conversations with persons of my choosing. those having the conversation or email have the reasonable expectation of privacy. If I keep a letter someone sent to me, those are MY papers. They are property. For the government to take possession of those records without a warrant is to SEIZE them, whether taken from me or the phone company. If they record my conversation, they have seized that too. Hence they need a warrant, and it had better not be a fishing license. What would be legal I suppose is for the phone company to be required to maintain the records to be available by warrant. Yet under no circumstances can I see how the NSA or any other agency can take possession of any private property without due process.
39 posted on 12/16/2013 1:51:11 PM PST by Carry_Okie (0-Care IS Medicaid; they'll pull a sheet over your head and take everything you own to pay for it.)
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To: ColdOne
"Judge: NSA phone program likely unconstitutional"


40 posted on 12/16/2013 2:12:50 PM PST by Mad Dawgg (If you're going to deny my 1st Amendment rights then I must proceed to the 2nd one...)
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To: ColdOne

- If I liked going on a $100 million dollar vacation to Africa

- I will also now go on a 17-day vacation in Hawaii

-

- I have lots of dumb honkies in Washington state getting double-debited for their healthcare because they gave me their bank info…….

- Somebody has to pay for all the poor oppressed minorities and crooked multi-millionaire politicians

- Sign up now young white Americans - you can trust me!


41 posted on 12/16/2013 2:13:59 PM PST by devolve (- "He's (Obama) just 'too talented' to do what 'ordinary people' do." - "All this for a damn fag!" -)
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To: lee martell
So now whatcha gonna do about it? Furrow your brow? Oh Dear!

What do you expect him to do about it?

You think judges should have enforcement powers?

42 posted on 12/16/2013 2:51:26 PM PST by Las Vegas Ron ("Medicine is the keystone in the arch of socialism" Vladimir Lenin)
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Comment #43 Removed by Moderator

To: ColdOne

How much of this data made it into the democrats’ campaign database last year??


44 posted on 12/16/2013 4:20:56 PM PST by Moorings
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To: Zathras; Logical me

Holder will have lots of help from republicans. Including at least one Tea Party republican named Rubio.

This was going on under Bush. In fact, wasn’t it set up under Bush?

We’ve got to get it through our heads that they’re all against us.


45 posted on 12/16/2013 4:34:06 PM PST by VerySadAmerican (".....Barrack, and the horse Mohammed rode in on.")
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To: ColdOne

obama said they’ve gathered information that stopped at least 50 terrorist attacks. The judge said there is not one piece of evidence confirming any attack was ever thwarted.


46 posted on 12/16/2013 4:39:45 PM PST by VerySadAmerican (".....Barrack, and the horse Mohammed rode in on.")
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To: ColdOne

What ISN’T unconstitutional, from BO and from the left of BOTH major U.S. political parties as well as from pro-left Independent politicians?


47 posted on 12/16/2013 4:57:13 PM PST by johnthebaptistmoore (The world continues to be stuck in a "all leftist, all of the time" funk. BUNK THE FUNK!)
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To: ColdOne
Judge: NSA phone program likely unconstitutional

Fixed it...
48 posted on 12/16/2013 5:11:20 PM PST by LUV W (All my heroes wear camos! Thank you David, Michael, Chris Txradioguy, JJ, CMS, & ALL of you heroes!)
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To: ColdOne

Chalk one up for Larry Klayman.


49 posted on 12/16/2013 7:17:10 PM PST by freepersup (Patrolling the waters off Free Republic one dhow at a time.)
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To: freepersup

http://www.freedomwatchusa.org/court-declares-nsa-spying-program-unconstitutional-and-grant


50 posted on 12/16/2013 7:18:13 PM PST by freepersup (Patrolling the waters off Free Republic one dhow at a time.)
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