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In Secret, Court Vastly Broadens Powers of N.S.A. (almost a parallel Supreme Court)
nytimes ^

Posted on 07/06/2013 9:00:30 PM PDT by chessplayer

The 11-member Foreign Intelligence Surveillance Court, known as the FISA court, was once mostly focused on approving case-by-case wiretapping orders. But since major changes in legislation and greater judicial oversight of intelligence operations were instituted six years ago, it has quietly become ALMOST A PARALLEL SUPREME COURT, serving as the ultimate arbiter on surveillance issues and delivering opinions that will most likely shape intelligence practices for years to come, the officials said.

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


TOPICS: Breaking News; News/Current Events
KEYWORDS: benghazi; eschelon; fastandfurious; fisa; fisacourt; govtabuse; impeachnow; irs; nsa; projectechelon; rapeofliberty; scandals; starchamber; tyranny
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To: Steely Tom

“Remember how the Democrats in congress were constantly making an issue of the FISA court back during the Bush administration?”

Yes, and before that, I remember Republicans and conservatives (including many Freepers) making an issue of the FISA court back during the Clinton administration. One sign of a crumbling state is people willing to support or tolerate abuses of power when “their side” is in charge.


81 posted on 07/07/2013 7:02:06 AM PDT by Conscience of a Conservative
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To: Conscience of a Conservative
One sign of a crumbling state is people willing to support or tolerate abuses of power when “their side” is in charge.

Very good point, and thank you.

82 posted on 07/07/2013 7:19:25 AM PDT by Steely Tom (If the Constitution can be a living document, I guess a corporation can be a person.)
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To: chessplayer

Why, the NYT sounds like wacko-bird Tea Party paranoids.


83 posted on 07/07/2013 8:01:27 AM PDT by DaxtonBrown (http://www.futurnamics.com/reid.php)
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To: ConorMacNessa
"It's all for nothing if you don't have freedom."~Braveheart
84 posted on 07/07/2013 8:42:54 AM PDT by 444Flyer (How long O LORD? Psalm 112)
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To: chessplayer

This court isn’t that secret. Its members, offices and meeting sites have been published for decades.

http://en.wikipedia.org/wiki/United_States_Foreign_Intelligence_Surveillance_Court#Composition

The United States Foreign Intelligence Surveillance Court (FISC) is a U.S. federal court established and authorized under the Foreign Intelligence Surveillance Act of 1978 (FISA) (50 U.S.C. § 1803, Pub.L. 95–511, 92 Stat. 1788, enacted October 25, 1978). The court oversees requests for surveillance warrants against suspected foreign intelligence agents inside the United States by federal law enforcement agencies (primarily National Security Agency and the F.B.I.). Congress created FISA and its court (also called the FISA Court) as a result of the Church Committee recommendations.[1]

Since 2009, the Foreign Intelligence Surveillance Court has been located in the E. Barrett Prettyman United States Courthouse in Washington, D.C.[2][3] For roughly thirty years of its history, it was housed on the sixth floor of the Robert F. Kennedy Department of Justice Building.[2][3]

In 2013, a top secret warrant issued by this Court was leaked to the media. That warrant, which ordered Verizon to provide a daily feed of all call detail records – including those for domestic calls – to the National Security Agency, sparked a public outcry of criticism and controversy.

For some interesting specifics of current members and past members got to the site and check out the other data:

http://en.wikipedia.org/wiki/United_States_Foreign_Intelligence_Surveillance_Court#Composition


85 posted on 07/07/2013 8:43:20 AM PDT by Grampa Dave (Having a discussion with liberals is like shearing pigs. Lots of squealing & little fleece!)
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To: ResponseAbility; USS Johnston; dynachrome

thank you for your posts- I find it a strength when one can admit to a lack of knowledge on any given subject and the resulting snarkisms are completely useless...been here a while and learn something new every single day and wouldn’t have it any other way!


86 posted on 07/07/2013 8:43:59 AM PDT by homegroan (Never make someone a priority when all you are to them is an option....)
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To: ConorMacNessa
Without going into the gory details of that case, which I cannot due to Rules of Conduct, I will tell you that I would not have my fate resting in that judge's hands.

I'm perplexed; is there some court rule that invalidates the 1st amendment? I certainly respect the attorney / client privilege. After all, that really is but an extension of the 5th. But the rules of conduct would prevent you from commenting in a forum on events and decisions that happened in open court?

87 posted on 07/07/2013 8:50:43 AM PDT by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: chessplayer
so where is Snowden anyway?
88 posted on 07/07/2013 8:54:48 AM PDT by Drawn7979
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To: chessplayer; Ernest_at_the_Beach; ASA Vet

http://www.americanthinker.com/printpage/?url=http://www.americanthinker.com/archived-articles/../2006/01/under_clinton_ny_times_called.html

January 12, 2006
Under Clinton, NY Times called surveillance “a necessity”
By William Tate

The controversy following revelations that U.S. intelligence agencies have monitored suspected terrorist related communications since 9/11 reflects a severe case of selective amnesia by the New York Times and other media opponents of President Bush. They certainly didn’t show the same outrage when a much more invasive and indiscriminate domestic surveillance program came to light during the Clinton administration in the 1990’s. At that time, the Times called the surveillance ‘a necessity.’

‘If you made a phone call today or sent an e—mail to a friend, there’s a good chance what you said or wrote was captured and screened by the country’s largest intelligence agency.’ (Steve Kroft, CBS’ 60 Minutes)

Those words were aired on February 27, 2000 to describe the National Security Agency and an electronic surveillance program called Echelon whose mission, according to Kroft,

‘is to eavesdrop on enemies of the state: foreign countries, terrorist groups and drug cartels. But in the process, Echelon’s computers capture virtually every electronic conversation around the world.’

Echelon was, or is (its existence has been under—reported in the American media), an electronic eavesdropping program conducted by the United States and a few select allies such as the United Kingdom.

Tellingly, the existence of the program was confirmed not by the New York Times or the Washington Post or by any other American media outlet — these were the Clinton years, after all, and the American media generally treats Democrat administrations far more gently than Republican administrations — but by an Australian government official in a statement made to an Australian television news show.

The Times actually defended the existence of Echelon when it reported on the program following the Australians’ revelations.

‘Few dispute the necessity of a system like Echelon to apprehend foreign spies, drug traffickers and terrorists....’

And the Times article quoted an N.S.A. official in assuring readers

‘...that all Agency activities are conducted in accordance with the highest constitutional, legal and ethical standards.’

Of course, that was on May 27, 1999 and Bill Clinton, not George W. Bush, was president.

Even so, the article did admit that

‘...many are concerned that the system could be abused to collect economic and political information.’

Despite the Times’ reluctance to emphasize those concerns, one of the sources used in that same article, Patrick Poole, a lecturer in government and economics at Bannock Burn College in Franklin, Tenn., had already concluded in a study cited by the Times story that the program had been abused in both ways.

‘ECHELON is also being used for purposes well outside its original mission. The regular discovery of domestic surveillance targeted at American civilians for reasons of ‘unpopular’ political affiliation or for no probable cause at all... What was once designed to target a select list of communist countries and terrorist states is now indiscriminately directed against virtually every citizen in the world,’ Poole concluded.

The Times article also referenced a European Union report on Echelon. The report was conducted after E.U. members became concerned that their citizens’ rights may have been violated. One of the revelations of that study was that the N.S.A. used partner countries’ intelligence agencies to routinely circumvent legal restrictions against domestic spying.

‘For example, [author Nicky] Hager has described how New Zealand officials were instructed to remove the names of identifiable UKUSA citizens or companies from their reports, inserting instead words such as ‘a Canadian citizen’ or ‘a US company’. British Comint [Communications intelligence] staff have described following similar procedures in respect of US citizens following the introduction of legislation to limit NSA’s domestic intelligence activities in 1978.’

Further, the E.U. report concluded that intelligence agencies did not feel particularly constrained by legal restrictions requiring search warrants.

‘Comint agencies conduct broad international communications ‘trawling’ activities, and operate under general warrants. Such operations do not require or even suppose that the parties they intercept are criminals.’

The current controversy follows a Times report that, since 9/11, U.S.
intelligence agencies are eavesdropping at any time on up to 500 people in the U.S. suspected of conducting international communications with terrorists. Under Echelon, the Clinton administration was spying on just about everyone.

‘The US National Security Agency (NSA) has created a global spy system, codename ECHELON, which captures and analyzes virtually every phone call, fax, email and telex message sent anywhere in the world,’


89 posted on 07/07/2013 8:58:22 AM PDT by Grampa Dave (Having a discussion with liberals is like shearing pigs. Lots of squealing & little fleece!)
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To: Grampa Dave

Thanks Dave


90 posted on 07/07/2013 9:06:09 AM PDT by ASA Vet (Don't assume Shahanshah Obama will allow another election.)
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To: USS Johnston
Snowden is unique in that HE did what we've expected rest of the Patriots to do: EXPOSE those who are secretly destroying America brick by brick.

I think there might have been others, but they were destroyed first. I'm shocked he was able to speak. (Suicide twice to the back of the head, the usual...) Remember the information that leaked out about 600 future leaders (all pro-Constitution) were going to be taken out? For awhile, I was keeping track of how many were mysteriously/tragically dying in their 30s and 40s.

91 posted on 07/07/2013 9:11:05 AM PDT by Borax Queen
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To: kingu
The Rules of Professional Conduct, which preclude me from divulging secrets or confidences of a client.



America demands Justice for the Fallen of Benghazi!

Genuflectimus non ad principem sed ad Principem Pacis!

Listen, O isles, unto me; and hearken, ye people, from far; The LORD hath called me from the womb; from the bowels of my mother hath he made mention of my name. (Isaiah 49:1 KJV)

92 posted on 07/07/2013 9:20:56 AM PDT by ConorMacNessa (HM/2 USN, 3/5 Marines RVN 1969 - St. Michael the Archangel defend us in Battle!)
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To: Borax Queen

<< ) Remember the information that leaked out about 600 future leaders (all pro-Constitution) were going to be taken out? For awhile, I was keeping track of how many were mysteriously/tragically dying in their 30s and 40s. >>

When/what was this? Do you mind giving a few details so i can look it up?


93 posted on 07/07/2013 9:24:24 AM PDT by Nita Nupress
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To: chessplayer

There will come a day when the military is made up of mind numb robots and retards. And when they’re told to “fire”, they’ll pull the trigger no matter who or what is in the sights.


94 posted on 07/07/2013 9:31:09 AM PDT by VerySadAmerican (If you vote for evil because you can't see evil, you ARE evil!)
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To: Nita Nupress

No, of course not — but aghhh — I just can’t find anything online about the “600” right now. I’m looking through my own records, so might FM you in a bit.

It was after Breitbart and the coroner died, so within the last year or so. There was a leak about 600 future leaders (not of anything bad).

I remember at least three very strong marksmen/pro-2nd Amendment guys dying in rapid succession. One was cornered in his house in the Phoenix area by SWAT and gunned down. One was found murdered by the side of the road. Another took a PTSD vet out to the gun range and was shot and killed.

Now... this could all just be coincidence, but I’m a “smoke-and-fire” type of person.


95 posted on 07/07/2013 9:40:41 AM PDT by Borax Queen
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To: Borax Queen

OK, thx. I’m with you on the 3 marksmen. What about the producer for the Russian gun guy and his YouTube videos? And the helicopter carrying some exmilitary guy and they were filming a new show or something? (I’m obviously vague on details).

I’m. STILL intrigued by the mysterious deaths a few yrs ago of all those biologists and infection control/biochem doctors & researchers.


96 posted on 07/07/2013 10:01:14 AM PDT by Nita Nupress
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To: Nita Nupress

I’ll keep looking. I throw so much stuff in my files and I’m trying to find the original story (not sure if I kept it — or that it’s from a “legit” source). Yes about the helicopter guy and the producer! And, that’s not even talking about all the Navy Seals who kept mysteriously dying, ugh.

That microbiologist thing was super scary — and is — since Plum Island is being moved to the smack dab middle of the country (Manhattan, Kansas). I have seen lists of their mysterious deaths that is only barely topped by all the suspicious deaths under the Bubbas! (I do have the Clinton list in my records, just found that one...)


97 posted on 07/07/2013 10:18:49 AM PDT by Borax Queen
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To: chessplayer
...the (FISA) court has taken on a much more expansive role by regularly assessing broad constitutional questions and establishing important judicial precedents, with almost no public scrutiny, according to current and former officials familiar with the court’s classified decisions.

The 11-member Foreign Intelligence Surveillance Court, known as the FISA court, was once mostly focused on approving case-by-case wiretapping orders. But since major changes in legislation and greater judicial oversight of intelligence operations were instituted six years ago, it has quietly become almost a parallel Supreme Court, serving as the ultimate arbiter on surveillance issues and delivering opinions that will most likely shape intelligence practices for years to come, the officials said.

More than a Supreme court...more powerful, more sinister

This article highlights the problem.

There is no provision for a FISA court at all, and particular not with these powers in the US Constitution.

There is a provision where a case by case basis for probable cause could be determined against specific US citizens to see if they were about to commit a crime, and then a judge approving a warrant regarding that specific case...all of which would come out in open court at a trial and be able to be contested. Each and every time.

Here, you have a secret court, in the name of "national security," stepping far outside its constitutional bounds and amassing data on all people. With no conceivable probable cause whatsoever. And then approving en masse collection of data clearly against the 4th amendment...and approving it themselves. So, a secret court, outside of being contested or scrutinized, which was never called for in the constitution, approving unconstitutional actions.

Such power is the very basis and foundation for corruption and ultimately for despotism. Such a horrible precedent establishes a temptation to use that data for much, much more than any terror related plot on an individual basis. To use it to silence, intimidate, blackmail, or influence purely political considerations. And we are seeing an administration succumb to that temptation almost on a daily basis.

SNOWDEN, PRISM, AND THE NSA

And now even higher level whistle blowers have come forward, detailing and punctuating what Snowden revealed.

Interview with three high level PRISM Whislt Blowers - Part 1

Interview with three high level PRISM Whislt Blowers - Part 2

98 posted on 07/07/2013 10:19:34 AM PDT by Jeff Head
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To: chessplayer

See tagline....


99 posted on 07/07/2013 10:54:30 AM PDT by bayouranger (“Those Who Are Anti-Islam are a National Security Threat.” - J.Brennan CIA Dir. Feb10)
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100 posted on 07/07/2013 11:03:26 AM PDT by RedMDer (When immigrants cannot or will not assimilate, its really just an invasion. Throw them out!)
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