judge

Freedom in America now lost as judge rules NSA spying on all your phone calls is legal and justified

Friday, January 10, 2014 by: J. D. Heyes
Tags: NSA spying, judge ruling, freedom

eTrust Pro Certified

Delicious Pin It
(NaturalNews) It should have been a slam-dunk case of wholesale violation of the Fourth Amendment. But instead, the National Security Agency can spy on you anytime it wants, and without need for any bothersome warrants.

That is the opinion of one federal court anyway. As reported recently by the Washington Post, the government's premier spy agency - which was founded to conduct international spying, not surveillance of Americans domestically - is permitted to intercept all kinds of your personal data, because, hey, they're trying to protect us:

A federal judge in New York ruled... that the massive collection of domestic telephone data brought to light by former National Security Agency contractor Edward Snowden is lawful, rejecting a challenge to the program by the American Civil Liberties Union.

The decision marked a victory for the government less than two weeks after a District Court judge ruled against it, finding that the NSA's program was almost certainly unconstitutional. If the split in rulings continues through the appeals process, it is likely the Supreme Court will have to decide the issue.


So, yes, one federal judge, who accurately read the Fourth Amendment and took literally its guarantee that citizens are "secure in the papers and effects" from unjustified government prying, found the NSA's blanket surveillance unconstitutional. Another federal judge, however, did not.

But how? Aren't all federal judges cut from the same cloth?

Hardly. Remember, federal judges are nominated to the bench by very partisan presidents; Republicans tend to nominate constitutionalists, while Democrats - tend not to. The first ruling came "in the case Klayman v. Obama, U.S. District Judge Richard J. Leon granted a request for an injunction that blocked the collection of the phone data of conservative legal activist Larry Klayman," the Post reported. "Klayman brought his lawsuit against the president with a co-plaintiff, Charles Strange, the father of Michael J. Strange, a slain Navy cryptologic technician who was killed with a SEAL team in a helicopter crash in Afghanistan." Leon was appointed to the U.S. District Court in Washington in 2002 by President George W. Bush.

Two judges, two rulings, two political perspectives

The second ruling, a 53-page opinion issued by U.S. District Judge William H. Pauley III, said the NSA program is the federal government's "counter-punch" to al-Qaeda, even though the issue is the agency's blanket collection of Americans' phone records, and as such does not constitute a Fourth Amendment violation. Pauley was appointed to the bench in 1998 by President Bill Clinton.

"The government learned from its mistake and adapted to confront a new enemy: a terror network capable of orchestrating attacks across the world," Pauley wrote, noting that wider use of U.S. spy capabilities might have prevented the 9/11 attacks. "It launched a number of counter-measures, including a bulk telephony metadata collection program - a wide net that could find and isolate gossamer contacts among suspected terrorists in an ocean of seemingly disconnected data."

He added: "This blunt tool only works because it collects everything."

Following Pauley's ruling, Justice Department spokesman Peter Carr said the government is "pleased the court found the NSA's bulk telephony metadata collection program to be lawful."

The ACLU, not so much.

"We are extremely disappointed with this decision, which misinterprets the relevant statutes, understates the privacy implications of the government's surveillance and misapplies a narrow and outdated precedent to read away core constitutional protections," said Jameel Jaffer, an ACLU deputy legal director. She added that the ACLU will appeal.

So much for the Constitution

The legal group filed its initial suit on June 11, just a few days after the data collection program was outed by Britain's Guardian newspaper, which based its report on classified information passed to it by Edward Snowden, an NSA analyst-turned-whistleblower.

More from the Post:

The NSA program collects records of the numbers that Americans call and the duration of those calls, but not content. Civil liberties advocates have argued that the collection and storage of that data represent a violation of Americans' right to privacy.

The government has based its legal justification for the program on a 1979 case,
Smith v. Maryland, in which the Supreme Court found Americans have no expectation of privacy in the telephone metadata that companies hold as business records and ruled that a warrant is not required to obtain such information.

How this complies with the very plain language of the Constitution is, of course, difficult to fathom, but when your government has long since grown weary of justifying its every move - and has stacked enough of the Judicial Branch to generally get its way - such rulings should not surprise us anymore.

But they should make us angry enough to vote.

Sources:

http://www.washingtonpost.com

http://www.politico.com

http://www.naturalnews.com

Get breaking news alerts on GMOs, fluoride, superfoods, natural cures and more...
Join over four million monthly readers. Email privacy 100% protected. Unsubscribe at any time.


Have comments on this article? Post them here:

comments powered by Disqus

Take Action: Support NaturalNews.com

Email this article to a friend

Permalink to this article:

Reprinting this article: Non-commercial use OK, cite NaturalNews.com with clickable link.

Embed article link: (copy HTML code below):
Most Popular
Today | Week | Month | Year

See all Top Headlines...



GET SHOW DETAILS
+ a FREE GIFT

Now Available at ShopNaturalNews.com

O3 Essentials OraJuvenate™
A powerful, cleansing dental cream for maximum oral/dental health.
New Cancer Solutions
Over 3 hours of content covering today’s best cancer tests, how to kill cancer cells and the best diets and exercise routines.
Freeze-Dried 100% Organic Whole Corn
Our freeze-drying method preserves taste, texture and nutrients better than any other food preservation method ever invented.
Fenix TK35 Flashlight
Tough, waterproof, extremely bright and it’s touted to throw an 800+ lumen beam more than 1,000 feet into the night.
Inca Treasure Smoothie Pack
This pack of our four most popular superfoods from South America is the perfect combo pack for smoothie lovers.
Pink Himalayan Salt
This salt delivers significant levels of magnesium, zinc and selenium, with trace levels of dozens of other elements.
Pinhole Glasses - Aviator Style
Pinhole glasses are becoming famous for helping people improve their vision without the risks of laser surgery.
Oxy-Rich Facial Serum
O3 Essentials Jojoba Oxy-Rich Facial Serum is cellular nourishment for your skin. Helps smooth fine lines while enhancing tissue elasticity.
Freeze-Dried 100% Blackberry Halves
Our freeze-dried blackberry halves are grown in Serbia under strict organic standards.

Also on NaturalNews:

Health Ranger Videos
Activist music
CounterThink Cartoons
Food documentaries
FREE Special Reports
Podcasts
Colloidal Silver

Advertise with NaturalNews...

Support NaturalNews Sponsors:

Advertise with NaturalNews...

Most Popular Stories

Flu shot kills 19-year-old, but vaccine industry still has total immunity against lawsuits
Here's a nutty fact: Eating more tree nuts lowers the risk of all-cause death by up to 20 percent
Six important facts you're not being told about lost Malaysia Airlines Flight 370
Malaysia Airlines Flight 370 now clearly a government cover-up: All evidence contradicts official story
10 other companies that use the same Subway yoga mat chemical in their buns
BLM fracking racket exposed! Armed siege and cattle theft from Bundy ranch really about fracking leases
High-dose vitamin C injections shown to annihilate cancer
U.S. treating meat with ammonia, bleach and antibiotics to kill the '24-hour sickness'
USDA to allow U.S. to be overrun with contaminated chicken from China
Vaccine fraud exposed: Measles and mumps making a huge comeback because vaccines are designed to fail, say Merck virologists
Battle for humanity nearly lost: global food supply deliberately engineered to end life, not nourish it
Diet soda, aspartame linked to premature deaths in women

25 Amazing Facts About Food

This FREE downloadable report unveils a collection of astonishing and little-known facts about the food we eat very day. Click here to read it now...

 

Resveratrol and its Effects on Human Health and Longevity - Myth or Miracle.

Unlock the secrets of cellular health with the "miracle" nutrient Resveratrol Click here to read it now...

 

Nutrition Can Save America

FREE online report shows how we can save America through a nutrition health care revolution. "Eating healthy is patriotic!" Click here to read it now...

The Healing Power of Sunlight and Vitamin D

In this exclusive interview, Dr. Michael Holick reveals fascinating facts on how vitamin D is created and used in the human body to ward off chronic diseases like cancer, osteoporosis, mental disorders and more. Click here to read it now...

Vaccines: Get the Full Story

The International Medical Council on Vaccination has released, exclusively through NaturalNews.com, a groundbreaking document containing the signatures of physicians, brain surgeons and professors, all of which have signed on to a document stating that vaccines pose a significant risk of harm to the health of children. Click here to read it now...

Health Ranger Storable Organics

GMO-free, chemical-free foods and superfoods for long-term storage and preparedness. See selection at www.StorableOrganics.com



Recommended Resources On:

Natural News trends
Health Ranger news
Natural News GMOs
Mike Adams tracker
Natural News photos
Natural News Global
Natural News in focus
Natural News connect
Natural News shocking stories
Natural News radar
GMOs
Quackwatch
Vaccines
Health freedom
Dr. Paul Offit

This site is part of the Natural News Network © 2014 All Rights Reserved. Privacy | Terms All content posted on this site is commentary or opinion and is protected under Free Speech. Truth Publishing International, LTD. is not responsible for content written by contributing authors. The information on this site is provided for educational and entertainment purposes only. It is not intended as a substitute for professional advice of any kind. Truth Publishing assumes no responsibility for the use or misuse of this material. Your use of this website indicates your agreement to these terms and those published here. All trademarks, registered trademarks and servicemarks mentioned on this site are the property of their respective owners.

eTrust Pro Certified Android app on Google Play

Sign up for the FREE Natural News Email Newsletter

Receive breaking news on GMOs, vaccines, fluoride, radiation protection, natural cures, food safety alerts and interviews with the world's top experts on natural health and more.

Join over 7 million monthly readers of NaturalNews.com, the internet's No. 1 natural health news site. (Source: Alexa.com)

Your email address *

Please enter the code you see above*

No Thanks

Already have it and love it!

Natural News supports and helps fund these organizations:

* Required. Once you click submit, we will send you an email asking you to confirm your free registration. Your privacy is assured and your information is kept confidential. You may unsubscribe at anytime.