Posted on 12/20/2013 10:37:41 PM PST by george76
“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.
(Excerpt) Read more at foxnews.com ...
This judge should read Animal Farm. There were things in that book that I don’t feel were merely “almost” Orwellean.
Beware of those who attempt to discredit this finding...Then again, I don’t trust those involved on either side...
Glad to see that a judge understanding the Constitution.
Yes, it is a direct, and blatant violation of the 4th. A warrant must be specific as to both the target of the search and what is being sought. Therefore, it would be impossible for any judge to grant a legitimate warrant to authorize this kind of program.
Great article by the Judge. Particularly liked his closing.
Gotta love how the once distinguished intelligence agency has become the butt-ugly result of the Obama era... /s
http://boingboing.net/2013/12/20/nsa-had-secret-deal-on-back-do.html
The NSA’s deal with RSA was to spy on Americans.
>> Beware of those who attempt to discredit this finding...Then again, I don’t trust those involved on either side..
Too early to draw conclusions...
>> The NSA’s deal with RSA was to spy on Americans.
And you’re completely comfortable with dozens of merchants and their unlicensed agents having complete access to your CC info?
How long do you think it will be before historians write about "almost Obamian" things?
-PJ
“We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.”
“Too early to draw conclusions...”
The case is hold so the U.S Government can appeal a preliminary injunction against collecting phone data on the defendants, Larry Klayman and others. The preliminary injunction was stayed until the appeal is over which means the U.S. Government can continue to collect phone data against the defendants.
Judge Leon suggested the U.S. Government begin making progress at shutting down the phone data collection program because he will sanction the U.S. Government if they lose the appeal and have not already begun shutting down the program.
If the U.S. Government loses on appeal and does not seek review at the Supreme Court, then discovery begins. Klayman is known for his wide reach during the discovery process.
A secret judge on a secret court...
What could go wrong?
Not surprising, Rush disagreed with this judge.
“Almost Orwellian”
It’s not almost Orwellian. It is evil beyond the worst that is in 1984. It is evil, pure evil.
...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.Thanks george76.
Sorry. The judge did little but run political interference. The judge made issued a decision saying this was unconstitutional THEN ELECTED TO PUT IT ON HOLD pending appeal. So nothing changes until this winds its way through the judiciary, probably years from now when it’s largely forgotten.
Sound and fury amounting to nothing.
“Beware of those who attempt to discredit this finding...Then again, I don’t trust those involved on either side...”
Then feel free to beware of me. If you think this ruling matters worth a hill of beans, then you’ve been played. The judge laid out how this was unconstitutional, then delayed his own ruling. Net result: nothing changes until and unless the appeals court chooses to agree.
This was the judiciary running political interference due to public outrage over the programs in question.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.