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If the U.S. Supreme Court applies an appropriate constitutional analysis the NSA’s program of wholesale collection of data will be dismantled

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If  the U.S. Supreme Court applies an appropriate constitutional analysis the NSA’s program of wholesale collection of data will be dismantled

I just read the Constitutional Law section of the Privacy and Civil Liberty Oversight Board’s January 23, 2014 Report on the NSA’s Telephone Records Program. I also skimmed the other sections, including one that analyzes the policy aspects of the program. The entire document can be found at: https://www.documentcloud.org/documents/1008957-final-report.html

As an attorney, I found the Constitutional law section to be well-written, incisive, and balanced. As a citizen and patriot, I appreciate the fact that the authors of this report appear to have a firm grip on the fact that the ultimate authority in this country resides in the citizens themselves (We the People), regardless of what anyone vocationally associated with the Federal Government, or philosophically committed to promoting statism, may believe to the contrary.

I am now convinced that the NSA’s program of wholesale collection and long-term storage of U.S. citizens’ telephone data is a vastly expensive and expansive sitting duck that will be dismantled and cast onto the ash heap of history as soon as the U.S. Supreme Court applies an appropriate constitutional analysis to it, if not sooner (e.g., pursuant to a lawful order of a lower court). It is absolutely unconscionable that such a program was allowed to proceed as far as it did, and our federal government should be ashamed of itself.

Regardless of what anyone believes the definition of the terms ‘traitor’ and ‘treason’ to be, Edward Snowden did all U.S. citizens a solid favor by so clearly bringing the scope and details of this program to the attention of the U.S. public at large. Why? Because without the enormous amount of concentrated critical attention on the NSA that Snowden triggered, this behemoth of a government program and system could well have closed the loop on all of our freedoms and important constitutional rights in a very short period of time (e.g., before the end of the Obama Administration), permanently altering the relationship between ordinary U.S. citizens and the federal government, and leaving us powerless to force the federal government to reverse course or enact necessary reforms. So if time was truly of the essence, and Snowden acted in a timely fashion, are we the law-abiding duty-bound to condemn him?

Highly-placed members of the George W. Bush administration involved in national security, and Bush-era government lawyers who should have been (and likely were) aware of the clear unconstitutionality of the program as it was designed and run prior to Obama’s inauguration in January 2009, should be roughly ignored if they persist in supporting the NSA’s bulk telephone data collection program. They are compromised from a political and professional standpoint and will never admit that what they did was wrong. Going forward, they will need to be dragged kicking and screaming into a corrected view of reality in which our constitutional rights and liberties are abruptly restored, and the federal government is forced to take its medicine.

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Federal privacy panel calls on Obama to end NSA phone spying, scrap stockpiled records

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ederal privacy panel calls on Obama to end NSA phone spying, scrap stockpiled records

Thursday, January 23, 2014    Last updated: Thursday January 23, 2014, 9:20 PM
BY STEPHEN BRAUN
Associated Press

WASHINGTON — A government review panel warned on Thursday that the National Security Agency’s daily collection of Americans’ phone records is illegal and recommended that President Obama abandon the program and destroy the hundreds of millions of phone records it has already collected.

The recommendations by the Privacy and Civil Liberties Oversight Board go further than Obama is willing to accept and increase pressure on Congress to make changes.

The 234-page report included dissents from two of the board’s five members — both former Bush administration national security lawyers who recommended that the government keep collecting the phone records. The board described key parts of its report to Obama this month before he announced his plans last week to change the government’s surveillance activities.

– See more at: https://www.northjersey.com/news/Government_panel_urges_end_to_NSA_phone_data_spying_.html#sthash.UgooIl6O.dpuf

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NSA Official: ‘We Are Now a Police State’

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NSA Official: ‘We Are Now a Police State’
December 19, 2013 – 10:54 AM
By Matt Vespa

Last year, high-ranking NSA official Bill Binney said, “We are, like, that far from a turnkey totalitarian state.” Now, Binney says that the U.S. has already become a full-blown police state.

Binney told Washington’s Blog on Wednesday that:

“The main use of the collection from these [NSA spying] programs [is] for law enforcement. [See the 2 slides below].”

“These slides give the policy of the DOJ/FBI/DEA etc. on how to use the NSA data. In fact, they instruct that none of the NSA data is referred to in courts – cause it has been acquired without a warrant.”

“So, they have to do a ‘Parallel Construction’ and not tell the courts or prosecution or defense the original data used to arrest people. This I call: a ‘planned programed perjury policy’ directed by US law enforcement.”

“And, as the last line on one slide says, this also applies to ‘Foreign Counterparts.’”

“This is a total corruption of the justice system not only in our country but around the world. The source of the info is at the bottom of each slide. This is a totalitarian process – means we are now in a police state.”

– See more at: https://www.cnsnews.com/mrctv-blog/matt-vespa/nsa-official-we-are-now-police-state#sthash.LOUz0Dxo.NyI3jnfi.dpuf

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Don’t Come Crying to Us, NSA; You Guys Are the Ones Who Hired This Goofball.

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Don’t Come Crying to Us, NSA; You Guys Are the Ones Who Hired This Goofball.
June 11, 2013
Jim Geraghty
To read more, visit www.nationalreview.com

Everybody’s going to have an opinion on Edward Snowden, today the world’s most famous leaker.

In the coming days, you’re going to see a lot of people talking past each other, conflating two issues: One, did he do the right thing by disclosing all these details of the vast NSA system to gather data on Americans? And two, should he be prosecuted for it?

Of course, you can do the right thing and still break the law.

John Yoo argues that the government has to pursue prosecution of Snowden, considering what they’ve done in response to much lesser leaks:

The NSA leak case will reveal if the Obama administration really means what it said about its foolish and unconstitutional pursuit of the AP and Fox News in other leak cases. Recall that the Obama Justice Department claimed that Fox News reporter James Rosen was a co-conspirator in the alleged leak of classified intelligence. If the Justice Department truly believed what it told the courts when seeking a wiretap on Rosen, then it should indict the reporters and editors for the Washington Post and the Guardian newspapers who published information on PRISM. They clearly “conspired” with Snowden to publish classified information, information that was much more harmful to the national security than in the Rosen case (on North Korea’s predictable response to sanctions). Personally, I think that the Post is protected by the First Amendment, but Holder’s Justice Department clearly doesn’t think so.

So either the Justice Department will indict not just Snowden, but also the Post and Guardian reporters, or it will have been shown to have been untruthful to the courts in the Rosen case (which I think has become clear) . . .

Yoo also points out that Snowden’s claim to noble motives is muddied quite a bit by his decision to run to Hong Kong. (By the way, the last guy to run to Hong Kong, certain that he was beyond the reach of American law enforcement and extradition treaties, was Mr. Lau, the money-keeper for the Gotham City mob. And we all remember how that turned out.) When Snowden declares, “Hong Kong has a reputation for freedom in spite of the People’s Republic of China. It has a strong tradition of free speech,” we have to wonder if A) he’s already working for the Chinese or B) he’s an imbecile.

This may be a story with no heroes. A government system designed to protect the citizens starts collecting all kinds of information on people who have done nothing wrong; it gets exposed, in violation of oaths and laws, by a young man who doesn’t recognize the full ramifications of his actions. The same government that will insist he’s the villain will glide right past the question of how they came to trust a guy like him with our most sensitive secrets. Who within our national-security apparatus made the epic mistake of looking him over — completing his background check and/or psychological evaluation — and concluding, “Yup, looks like a nice kid?”

Watching the interview with Snowden, the first thing that is quite clear is that his mild-mannered demeanor inadequately masks a huge ego — one of the big motivations of spies. (Counterintelligence instructors have long offered the mnemonic MICE, for money, ideology, compromise, ego; others throw in nationalism and sex)

Snowden feels he has an understanding of what’s going on well beyond most of his colleagues:

When you’re in positions of privileged access like a systems administrator for the sort of intelligence community agencies, you’re exposed to a lot more information on a broader scale then the average employee and because of that you see things that may be disturbing but over the course of a normal person’s career you’d only see one or two of these instances. When you see everything you see them on a more frequent basis and you recognize that some of these things are actually abuses.

What’s more, he feels that no one listens to his concerns or takes them seriously:

And when you talk to people about them in a place like this where this is the normal state of business people tend not to take them very seriously and move on from them. But over time that awareness of wrongdoing sort of builds up and you feel compelled to talk about. And the more you talk about the more you’re ignored. The more you’re told its not a problem until eventually you realize that these things need to be determined by the public and not by somebody who was simply hired by the government.”

My God, he must have been an insufferable co-worker.

“Look, you guys just don’t understand, okay? You just can’t grasp the moral complexities of what I’m being asked to do here! Nobody here really gets what’s going on, or can see the big picture when you ask me to do something like that!”

“Ed, I just asked if you could put a new bottle on the water cooler when you get a chance.”

Of course, all of this is presided over by a guy who thought that civil liberties were a useful cudgel against a Republican president back when he was outside the Oval Office. John Sexton turns the wayback machine to 2005, when then-senator Obama, from the floor of the Senate, sternly declared that the PATRIOT Act “didn’t just provide law enforcement the powers it needed to keep us safe, but powers it didn’t need to invade our privacy without cause or suspicion” and added:

If someone wants to know why their own government has decided to go on a fishing expedition through every personal record or private document — through library books they’ve read and phone calls they’ve made — this legislation gives people no rights to appeal the need for such a search in a court of law. No judge will hear their plea, no jury will hear their case. This is just plain wrong.

Ace of Spades: “James Rosen could not be reached for comment, but secret government surveillance into all of his phone calls and emails indicates he’s pretty pissed.”

Found this graphic on the site of Jeff Boss, one of the token Democrats running for governor in New Jersey this year:

Glenn Reynolds, in USA Today yesterday:

As for abuse, well, is it plausible to believe that a government that would abuse the powers of the IRS to attack political enemies, go after journalists who publish unflattering material or scapegoat a filmmaker in the hopes of providing political cover to an election-season claim that al-Qaeda was finished would have any qualms about misusing the massive power of government-run snooping and Big Data? What we’ve seen here is a pattern of abuse. There’s little reason to think that pattern will change, absent a change of administration — and, quite possibly, not even then. Sooner or later, power granted tends to become power abused. Then there’s the risk that information gathered might leak, of course, as recent events demonstrate.

Most Americans generally think that politicians are untrustworthy. So why trust them with so much power? The evidence to date strongly suggests that they aren’t worthy of it.

To read more, visit www.nationalreview.com