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Justice Department Fights Release of Secret Court Opinion Finding Unconstitutional Surveillance
mother jones ^ | 6/7 | corn

Posted on 06/07/2013 3:33:15 PM PDT by RummyChick

In the midst of revelations that the government has conducted extensive top-secret surveillance operations to collect domestic phone records and internet communications, the Justice Department was due to file a court motion Friday in its effort to keep secret an 86-page court opinion that determined that the government had violated the spirit of federal surveillance laws and engaged in unconstitutional spying.

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


TOPICS: Breaking News; News/Current Events; War on Terror
KEYWORDS: coup; fisa; govtabuse; nsa; obama; obamaspeople; patriotact; prism; scandals; secretcourt; terrorism; threatmatrix
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1 posted on 06/07/2013 3:33:15 PM PDT by RummyChick
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To: RummyChick

“Government lawyers are trying to keep buried a classified court finding that a domestic spying program went too far.”

Interesting that Mother Jones is reporting on this


2 posted on 06/07/2013 3:34:04 PM PDT by RummyChick
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To: RummyChick

btw, where were the Republicans???

This article says it’s two Democrats that had problems with this program.


3 posted on 06/07/2013 3:37:05 PM PDT by RummyChick
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To: RummyChick

Hmmm...... How did the case get to the court in order to make a ruling?

Who filed a secret suit seeking a secret verdict?

Do we have a court of secrets? It must be secret


4 posted on 06/07/2013 3:38:37 PM PDT by bert ((K.E. N.P. N.C. +12 .....Lerner must be tried and executed..... crime against the Republic)
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To: RummyChick

In odd circumstances, civil libertarians of the right and left temporarily agree the government is out of control....


5 posted on 06/07/2013 3:39:36 PM PDT by Uncle Miltie (MOHAMMED WAS A CHILD RAPIST!)
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To: bert

“Foreign Intelligence Surveillance Court”

I don’t remember ever knowing there was a Secret Court.

Maybe I did. I guess there are some people on this site that know about it.


6 posted on 06/07/2013 3:40:00 PM PDT by RummyChick
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To: RummyChick; maggief; penelopesire; SE Mom; onyx; thouworm; MestaMachine; basil

Two democrats is the same as the rouge IRS staff in Cinncinnati


7 posted on 06/07/2013 3:41:02 PM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then!)
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To: RummyChick
btw, where were the Republicans???

I think they're still out on Easter break. They'll return 1 hour before they begin their 2-month July 4'th break.

8 posted on 06/07/2013 3:42:43 PM PDT by Cementjungle
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To: RummyChick
btw, where were the Republicans???

Pubs are hiding behind Mother Jones

9 posted on 06/07/2013 3:44:44 PM PDT by plain talk
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To: RummyChick

another leak

http://www.freerepublic.com/focus/f-news/3028732/posts


10 posted on 06/07/2013 3:45:45 PM PDT by RummyChick
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To: LucyT; thouworm; maggief; Myrddin; shibumi; Hardraade; Candor7; Absolutely Nobama; caww; ...
So secret the whole frikking world knows it. When stupid is just not enough.
11 posted on 06/07/2013 3:46:48 PM PDT by MestaMachine (My caps work. You gotta earn them.)
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To: RummyChick

What’s interesting to me is I’m agreeing more with people on the left than I have in my entire adult life. The left is FURIOUS with O.


12 posted on 06/07/2013 3:48:27 PM PDT by SE Mom (Proud mom of an Iraq war combat vet)
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To: Uncle Miltie

I suppose there are still some actual Americans left out there.


13 posted on 06/07/2013 3:48:57 PM PDT by MestaMachine (My caps work. You gotta earn them.)
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To: RummyChick

FISA court

some info here

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

https://ssd.eff.org/foreign/fisa

The way it is supposed to work is individual requests are made to a court who approves and then surveillance conducted. Not designed as an open-ended fishing expedition. For Obama to try and hide behind the law is ridiculous


14 posted on 06/07/2013 3:51:39 PM PDT by plain talk
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To: SE Mom

billy. The great manipulator at work. obaby has become a liability.


15 posted on 06/07/2013 3:51:55 PM PDT by MestaMachine (My caps work. You gotta earn them.)
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To: SE Mom

Time for M Zullo to file his fraud case.
The expert who did the evaluation of the documents is also a democrat.


16 posted on 06/07/2013 3:52:47 PM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then!)
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To: hoosiermama

Two democrats is the same as the rouge IRS staff in Cinncinnati
__________

Those rouge staffers are very cheeky.

;-)


17 posted on 06/07/2013 3:53:00 PM PDT by pax_et_bonum (Never Forget the Seals of Extortion 17 - and God Bless America)
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To: RummyChick

Funny how the left has re-discovered the Constitution.


18 posted on 06/07/2013 3:55:30 PM PDT by RushIsMyTeddyBear (Great vid by ShorelineMike! http://www.youtube.com/watch?v=KOZjJk6nbD4&feature=plcp)
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To: RummyChick
“Foreign Intelligence Surveillance Court”

I don’t remember ever knowing there was a Secret Court.

The FISA court was formed as part of the Patriot Act. It was widely discussed at the time (2001), but could've been missed in the welter of everything else that was happening at the time.

19 posted on 06/07/2013 3:56:53 PM PDT by okie01 (The Mainstream Media: IGNORANCE ON PARADE --)
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To: pax_et_bonum

Using cell which puts in its own words. Sometimes gets very interesting since print is small and eyes are deteriorating


20 posted on 06/07/2013 3:56:57 PM PDT by hoosiermama (Obama: "Born in Kenya" Lying now or then!)
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To: SE Mom
The left is FURIOUS with O.

Mother Jones does not actually mention He-Who-Must-Not-Be-Named, but I'm impressed that they criticize a scandal (crime spree?) occurring under his administration.

21 posted on 06/07/2013 3:58:29 PM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: hoosiermama

Same here!

Just picking on you!

:-)


22 posted on 06/07/2013 4:01:38 PM PDT by pax_et_bonum (Never Forget the Seals of Extortion 17 - and God Bless America)
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To: hoosiermama

Heh! Me too. :-)


23 posted on 06/07/2013 4:04:49 PM PDT by RushIsMyTeddyBear (Great vid by ShorelineMike! http://www.youtube.com/watch?v=KOZjJk6nbD4&feature=plcp)
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To: RummyChick

TESTIMONY OF ROBERT D. ALT, FELLOW, LEGAL AND INTERNATIONAL AFFAIRS, THE JOHN M. ASHBROOK CENTER FOR PUBLIC AFFAIRS, ASHLAND UNIVERSITY

As you begin to take up the potential legislation that’s
been authored, there may be a temptation to wait for a judicial determination of the NSA wiretap program. Let me implore you, don’t indulge that temptation. While the District Court recently offered its opinion that the program is unconstitutional, the court clearly erred with respect to the question of standing and failed to properly apply Supreme Court precedent which was directly on point.

It is extraordinarily likely that the District Court’s
opinion will be reversed on appeal without the reviewing court having to address any of the merits in the case. Given the difficulty in establishing standing in this case in general and against—in these sorts of challenges against FISA in particular, the legal status of the NSA wiretap program is not easily amenable or reducible to judicial determination.
http://www.fas.org/irp///////////congress/2006_hr/fisa4.html

Newsweek Article, ``Palace Revolt,’’ dated February 6, 2006
palace revolt

They were loyal conservatives, and Bush appointees. They fought a quiet battle to rein in the president’s power in the war on terror. And they paid a price for it. A NEWSWEEK investigation.

By Daniel Klaidman, Stuart Taylor Jr. and Evan Thomas
Newsweek

Available at the very end of the link in its entirety.

http://www.washingtonpost.com/wp-dyn/content/article/2006/08/17/AR2006081700650.html
A federal judge in Detroit ruled yesterday that the National Security Agency’s warrantless surveillance program is unconstitutional, delivering the first decision that the Bush administration’s effort to monitor communications without court oversight runs afoul of the Bill of Rights and federal law.

Court Says Warrantless Mobile Phone Tracking Is Unconstitutional Nov. 11, 2011 http://www.techdirt.com/blog/wireless/articles/20111119/00431416839/court-says-warrantless-mobile-phone-tracking-is-unconstitutional.shtml

Friday, 02 April 2010 12:50
Federal Judge Rules Warrantless Wiretapping Violates FISAhttp://www.thenewamerican.com/usnews/constitution/item/7718-federal-judge-rules-warrantless-wiretapping-violates-fisa


24 posted on 06/07/2013 4:06:29 PM PDT by EBH (The government that sits in Washington, D.C. is not the United States government.)
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To: Pollster1

When the NYT ..Bob Beckel. .Alan Colmes..Shep Smith are on the same side as Mark Levin, Rand Paul and James Sensinbrenner you KNOW something’s happening. .


25 posted on 06/07/2013 4:11:59 PM PDT by SE Mom (Proud mom of an Iraq war combat vet)
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To: RummyChick

star chambers making a comeback?


26 posted on 06/07/2013 4:12:36 PM PDT by rolling_stone
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To: okie01; dead

12 years ago:

To: Registered
Keep in mind that the new law’s definition of “domestic terrorism” is so broad, as we shall see in future columns, that entirely innocent people can be swept into this surveillance dragnet.
President Hillary would like to know which of you have friends in the NRA, or the pro-life movement, so your communications can be monitored by the CIA, for the children.

I guess we’re all OK with Echelon, Know Your Customer, and National ID cards now as well. If you have nothing to hide...

This Patriot Act stinks to high heaven. If you don’t think this will eventually (if not currently) be used to stifle political dissent in this country, you are mistaken.

15 posted on 11/28/2001 7:05:56 AM by dead


27 posted on 06/07/2013 4:14:03 PM PDT by reagandemocrat
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To: RummyChick

OK. Someone in the admin running an agency broke the law, shouldn’t someone go to jail? Or is that only when a Repub is Prez?


28 posted on 06/07/2013 4:28:28 PM PDT by jeffc (The U.S. media are our enemy)
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To: RummyChick

regarding the secret court - (note the Eff.org page comes up slowly) Link below to wikipedia source

Confirmed: The NSA is Spying on Millions of Americans

https://www.eff.org/deeplinks/2013/06/confirmed-nsa-spying-millions-americans

Excerpt:
Today, the Guardian newspaper confirmed what EFF (and many others) have long claimed: the NSA is conducting widespread, untargeted, domestic surveillance on millions of Americans. This revelation should end, once and for all, the government’s long-discredited secrecy claims about its dragnet domestic surveillance programs. It should spur Congress and the American people to make the President finally tell the truth about the government’s spying on innocent Americans.
In a report by Glenn Greenwald, the paper published an order from the “Foreign Intelligence Surveillance Court” (or FISC) that directs Verizon to provide “on an ongoing daily basis” all call records for any call “wholly within the United States, including local telephone calls” and any call made “between the United States and abroad.”

US Foreign Intelligence Surveillance Court
https://en.wikipedia.org/wiki/United_States_Foreign_Intelligence_Surveillance_Court


29 posted on 06/07/2013 4:35:54 PM PDT by Whenifhow
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To: RummyChick

I would give them the choice, release the info or it’s the death penalty. They’ve committed a heinous crime against the People of America, they can come clean or they need to face capital punishment.


30 posted on 06/07/2013 4:37:18 PM PDT by BCR #226 (02/07 SOT www.extremefirepower.com...The BS stops when the hammer drops.)
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To: RummyChick
Justice Department Fights Release of Secret Court Opinion Finding Unconstitutional Surveillance

What the government spying is essentially amounts to a volation of our 4th Amendment rights.

If the government is afraid of what "we, the people" are saying, emailing or texting, maybe they should re-think not enforcing our immigration laws!

I'm just sayin'.

31 posted on 06/07/2013 4:56:15 PM PDT by DustyMoment (Congress - another name for anti-American criminals!!)
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To: reagandemocrat
Wow! Thanks for posting that, reagandemocrat!

I had no idea I was that smart twelve years ago. I thought it was a more recent development!

32 posted on 06/07/2013 5:05:45 PM PDT by dead (I've got my eye out for Mullah Omar.)
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To: dead

As I remember back in the day, you and many Freepers had concerns that if and when under a Dem administration take over, they would abuse the powers under the Patriot Act and the newly formed Department of Homeland Security. They turned out to be correct.


33 posted on 06/07/2013 5:22:20 PM PDT by Red Steel
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To: dead

Obviously, you are deadly prescient.


34 posted on 06/07/2013 5:22:40 PM PDT by upchuck (To the faceless, jack-booted government bureaucrat who just scanned this post: SCREW YOU!)
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To: reagandemocrat; dead
This Patriot Act stinks to high heaven. If you don’t think this will eventually (if not currently) be used to stifle political dissent in this country, you are mistaken.

Once again, events have proven that elections have consequences.

If we don't elect trustworthy Presidents, they're going to abuse their power. And, if they're a liberal Democrat, it really doesn't make any difference what the law might be -- they'll subvert it.

35 posted on 06/07/2013 5:44:22 PM PDT by okie01 (The Mainstream Media: IGNORANCE ON PARADE --)
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To: dead

I should have given you notice I was going to repost yours from 12 years ago—but

Reading through comments on leftist sites, a common theme is “FR and tea-baggers were all for the Patriot Act when it first came out”

And I did not recall it being that way at all.

So I went back in time, and found that many here including you, dead, voiced strong dissent with the Bush administration regarding the Patriot Act.

So I posted yours.

Which is a great post.

FReegards.


36 posted on 06/07/2013 6:13:57 PM PDT by reagandemocrat
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To: dead

There were dozens if not hundreds of freepers who permanently left FR after fights over the passage of the PATRIOT ACT,

hyper-nationalistic jingoism at the time swept over the nation, and we’ll be suffering under this oppression for a long long time cause of it.


37 posted on 06/07/2013 6:18:50 PM PDT by JerseyHighlander
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To: okie01

It was the Bush admin that abused the writing, passage and implementation of the Patriot Act.

Bush was not, was never trustworthy, on this issue. The power structure in charge of Patriot Act and FISA and Echelon and other programs bureaucracies are APOLITICAL.

Every time you try to create and/or score a political point over this tragedy you are being used as a pawn by the power structure. You are doing their bidding.

Break through the false dichotomy, your allies in this final struggle for civil liberties will span most of the ideological spectrums, don’t think supporting one snake tongued politician over another is going to do anything but further the oppression of the people by the intelligence community.


38 posted on 06/07/2013 6:25:11 PM PDT by JerseyHighlander
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To: reagandemocrat

A lot of us saw the Patriot Act as a vehicle for government overreach, or worse. I’m sorry you were correct.


39 posted on 06/07/2013 6:55:48 PM PDT by redpoll
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sfl


40 posted on 06/07/2013 6:56:08 PM PDT by phockthis (http://www.supremelaw.org/fedzone11/index.htm ...)
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To: RummyChick


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THE OBAMA-RIGGING OF AMERICA




41 posted on 06/07/2013 8:05:08 PM PDT by devolve
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To: RummyChick
the Justice Department was due to file a court motion Friday in its effort to keep secret an 86-page court opinion that determined that the government had violated the spirit of federal surveillance laws and engaged in unconstitutional spying.

So much for "transparency," and both Holder and Hussein are up to their necks in it.

What's this about a "secret" court Opinion?
Since when is that even Constitutional?

42 posted on 06/07/2013 8:33:22 PM PDT by publius911 (Look for the Union label, then buy something else.)
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To: reagandemocrat
I appreciate you posting that. If you have a link to the original thread, I'd love to see it.

I was against much of the Patriot Act. I hate giving more power to the government no matter who's in office at the time.

The left talks about hypocrisy, but I remember them screaming bloody murder when the Bush Administration sought to intercept international calls specifically involving a known or suspected terrorist. (International calls have been fair game for all ears since international calls were invented.)

Now, those same humps think its great that Obama's spying on and auditing the Tea Party. They are small minds that embrace illusory temporary victories like they are game changers. But they'll sob about injustice when the pointy stick pokes them.

43 posted on 06/07/2013 8:39:16 PM PDT by dead (I've got my eye out for Mullah Omar.)
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To: DustyMoment
If the government is afraid of what "we, the people" are saying, emailing or texting, maybe they should re-think not enforcing our immigration laws!

I might have no trouble with that if we, the People, can similarly find out what THEY ARE SAYING, EMAILING AND TEXTING. NO EXCEPTIONS AND NO Bu******t 'national security' claims.

44 posted on 06/07/2013 8:40:39 PM PDT by publius911 (Look for the Union label, then buy something else.)
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To: RushIsMyTeddyBear

the left is generally better than the right on the rights of the accused, and the 4th & 5th Amendment. The right is better on 1st & 2nd & 10th Amendments, among others. I respect people who can be principled no matter who is in office. It is a rare occurrence though.


45 posted on 06/07/2013 9:23:25 PM PDT by PghBaldy (12/14 - 930am -rampage begins... 12/15 - 1030am - Obama's advance team scouts photo-op locations.)
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To: publius911

Point well made!


46 posted on 06/07/2013 10:27:57 PM PDT by DustyMoment (Congress - another name for anti-American criminals!!)
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To: RummyChick

Did you read some of the comments for the article on Mother Jones? Some of the libs are beginning to use simple logic and conclude that perhaps their Messiah Obama is not acting in a righteous manner. It’s gonna take time but I anticipate many registered Democrats are going to throw in the towel and stop supporting their Party. They will say we can support progressivism but we can’t endorse a totalitarian regime and they might even realize that Hillary is worse than Hussein Obama. Have you noticed Hillary’s popularity ratings are beginning to dip?


47 posted on 06/08/2013 1:59:58 AM PDT by TexGrill (Don't mess with Texas)
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To: RummyChick

Wonder if partial agenda of the large Obama-phone program was to help bring more people into this stealth monitoring


48 posted on 06/08/2013 5:34:41 AM PDT by opentalk
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To: RummyChick
btw, where were the Republicans???

I not sure of all those in history to whom this should be attributed but..."when your enemy is destroying himself, don't interfere."

49 posted on 06/08/2013 5:54:30 AM PDT by RoosterRedux
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To: SE Mom

The left is FURIOUS with O.


Not really. While they don’t like it, they are blaming Bush for it. Bush was behind the creation of the Patriot Act and Prism. They are still pretty much giving He-Who-Must-Never-Be-Named a pass.


50 posted on 06/08/2013 8:30:46 AM PDT by chessplayer
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