Skip to comments.Justice Department Fights Release of Secret Court Opinion Finding Unconstitutional Surveillance
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 ...
“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
btw, where were the Republicans???
This article says it’s two Democrats that had problems with this program.
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
In odd circumstances, civil libertarians of the right and left temporarily agree the government is out of control....
“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.
Two democrats is the same as the rouge IRS staff in Cinncinnati
I think they're still out on Easter break. They'll return 1 hour before they begin their 2-month July 4'th break.
Pubs are hiding behind Mother Jones
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.
I suppose there are still some actual Americans left out there.
some info here
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
billy. The great manipulator at work. obaby has become a liability.
Time for M Zullo to file his fraud case.
The expert who did the evaluation of the documents is also a democrat.
Two democrats is the same as the rouge IRS staff in Cinncinnati
Those rouge staffers are very cheeky.
Funny how the left has re-discovered the Constitution.
I dont 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.
Using cell which puts in its own words. Sometimes gets very interesting since print is small and eyes are deteriorating
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.
Just picking on you!
Heh! Me too. :-)
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.
Newsweek Article, ``Palace Revolt,’’ dated February 6, 2006
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
Available at the very end of the link in its entirety.
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
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. .
star chambers making a comeback?
12 years ago:
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 dont 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
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?
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
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
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.
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'.
I had no idea I was that smart twelve years ago. I thought it was a more recent development!
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.
Obviously, you are deadly prescient.
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.
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.
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.
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.
A lot of us saw the Patriot Act as a vehicle for government overreach, or worse. I’m sorry you were correct.
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?
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.
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.
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.
Point well made!
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?
Wonder if partial agenda of the large Obama-phone program was to help bring more people into this stealth monitoring
I not sure of all those in history to whom this should be attributed but..."when your enemy is destroying himself, don't interfere."
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.