Administration Asserts No Fourth Amendment for Domestic Military Operations

EFF ^ | April 2nd, 2008 | Kurt Opsahl

[zeugma]

We are not amused or nor surprised.

[bamahead]

busy day...

[DBrow]

Well, there’s no Fourth Amendment for Customs at the border.

[Little Pig]

There are a couple of things going on here. First, this talks about warrantless searches being ok if it’s for military purposes. Second, it talks about domestic (i.e. internal to the country) military operations. If the NSA is now part of DOD, that gets awfully close to the borders of the Posse Comitatus. Once Posse Comitatus is irrelevant, things have the potential to get a lot uglier.

[rednesss]

WTF??? That’s all I’ve got to say about this.

[Tolerance Sucks Rocks]

PING!

[blu]

I”m putting my money on Major Beck!

[Wolfie]

We are not amused or nor surprised.

That thinking is so 9/10.

[Little Pig]

Sorry, missed that reference.

[Czar]

"Once Posse Comitatus is irrelevant, things have the potential to get a lot uglier."

I seem to recall a recent presidential memorandum of some sort which has pretty much accomplished that result.

I'll look for it, but I may not have saved it.

[Red Badger]

I may be wrong, and probably am, but it seems to me that communications (telephone, internet, fax, radio or otherwise) originating OUTSIDE the United States would be fair game for the government to intercept and monitor at their will. How is this any different than bringing in goods, such as fruit, vegetables or meat, that are routinely stopped and inspected whenever the government decides? If a call is coming INTO the US, we should have every possible line that is used monitored or readily available to be intercepted and recorded.......

[ichabod1]

Posse Comitatus is not a constitutional doctrine. It is a legislative one, and it can be changed or abolished by majority vote of Congress.

[zeugma]

Once Posse Comitatus is irrelevant, things have the potential to get a lot uglier.

With the drug exemption passed in the last decade to the cheers of police state supporters here and elsewhere, I'd say Posse Comitatus has been pretty much irrelevant for some time now.

[zeugma]

That thinking is so 9/10.

Yeah, because since 9/11, the Constitution has been as irrelevant as the rest of our "rights".

 

[ichabod1]

img src=”http://www.phrases.org.uk/images/victoria.jpg";>

[skimask]

Impeach, take them to the Hague/Sarc

[ichabod1]

[BGHater]

‘In short, it appears that the Administration may view NSA domestic surveillance, including the surveillance of millions of ordinary Americans detailed in EFF’s Hepting case, as a “domestic military operation.” If so, this Yoo memo would blow a loophole in the Fourth Amendment big enough to fit all of our everyday telephone calls, web searches, instant messages and emails through.’

Not exactly coming from outside the USA AO. Consider the NSA monitoring all FR traffic and tracing all users and their electronic shadows because of the ‘Anti-Gov’t’ movement.

Scary things are under the bed.

[Red Badger]

I worked at a NSA facility once, as a contractor/vendor. A guy there told me that, “We can receive and record every transmission on earth. If a guy in Siberia makes a phone call to his wife at 3am, we got it.”...............

[fireforeffect]

Considering that Posse Comitatus is a law written to protect segregationists/democrats after reconstruction. I for one would not care if it was repealed.