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N.S.A. Phone Surveillance Is Lawful, Federal Judge Rules
New York Times ^ | December 27, 2013 | MICHAEL S. SCHMIDT and ADAM LIPTAK

Posted on 12/27/2013 2:17:39 PM PST by lbryce

A federal judge in New York on Friday ruled that the National Security Agency’s program that is systematically keeping phone records of all Americans is lawful, creating a conflict among lower courts and increasing the likelihood that the issue will be resolved by the Supreme Court.

In the ruling, Judge William H. Pauley III, of the United States District Court for the Southern District of New York, granted a motion filed by the federal government to dismiss a challenge to the program brought by the American Civil Liberties Union, which had tried to halt the program.

Judge Pauley said that protections under the Fourth Amendment do not apply to records held by third parties, like phone companies.

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


TOPICS: Constitution/Conservatism; Front Page News; Government; News/Current Events
KEYWORDS: becauseisayso; legal; nsa; obama; obamalegacy; obamunism; privacy; proislamist; spying
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To: lbryce

A Federal judge who neither understands the Constitution nor supports it.


21 posted on 12/27/2013 4:12:02 PM PST by TBP (Obama lies, Granny dies.)
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To: Cboldt

“SCOTUS ruled, in Smith v. Maryland, 442 US 735 (1979), that individuals have no legitimate expectation of privacy regarding the telephone numbers they dial because they knowingly give that information to the telephone companies when they dial the number.”

I publish my home address. So, I guess I have given the government the right to a little look-see in my front window. But it’s ok if they are doing it to everybody.

This also violates the 5th amendment right against self-incrimination, even though I’m sure the black-robed cabal would argue that I didn’t invoke those rights with the proper words.

It all stinks, IMHO.


22 posted on 12/27/2013 4:18:52 PM PST by Chaguito
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To: 2ndDivisionVet

Pauly Shore?


23 posted on 12/27/2013 5:02:28 PM PST by Vendome (Don't take life so seriously-you won't live through it anyway-Enjoy Yourself ala Louis Prima)
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To: lbryce

A ruling from a federal judge is no different than the opinion of some random jackass these days.

The system needs to be reigned in big time.


24 posted on 12/27/2013 5:11:18 PM PST by chris37 (Heartless.)
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To: Chaguito

And if you don’t use the phone (much), that creates probable cause that you are criminal (otherwise, why would you make an effort to “hide”?), so any (federal) judge will grant a warrant.


25 posted on 12/27/2013 5:21:59 PM PST by Cboldt
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To: Cboldt

Heh, heh. Sort of like too much time out of sight of the telescreen becomes probable cause.


26 posted on 12/27/2013 7:08:21 PM PST by Chaguito
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To: Recompennation

Islamists get a free pass.


27 posted on 12/28/2013 10:16:51 AM PST by a fool in paradise ("Health care is too important to be left to the government.")
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To: Steely Tom

I’m pretty sure the NSA is the reason why Obamacare was found to be constitutional.


28 posted on 12/28/2013 10:44:51 AM PST by chae (I was anti-Obama before it was cool)
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To: lbryce

This ruling would make all wiretaps legal.


29 posted on 12/28/2013 12:52:43 PM PST by P-Marlowe (There can be no Victory without a fight and no battle without wounds)
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To: usconservative

“Fortunately (?) for us, the last word on the subject is the USSC and not Judge Pauley.”

Yes, that went so well for us on Obamacare, didn’t it?


30 posted on 12/28/2013 1:25:48 PM PST by Do Not Make Fun Of His Ears ("There's always free cheese in a mousetrap." - Marine Col. Peter Martino)
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To: Do Not Make Fun Of His Ears

And on same sex marriage.


31 posted on 12/28/2013 2:37:02 PM PST by Nero Germanicus
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To: lbryce

It may be legal (meaning it complies with some law congress enacted) but it is certainly unconsitutional. The USSC will end up ruling that the current laws allowing this crap, are unconstitutional.


32 posted on 12/28/2013 2:39:37 PM PST by Go Gordon (Barack McGreevey Obama)
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To: lbryce

Judge Pauley should be impeached. No way government is authorized to collect everybody’s every communication and store them. It is a clear prescription for abuse of power.


33 posted on 12/28/2013 2:51:48 PM PST by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: Do Not Make Fun Of His Ears
Yes, that went so well for us on Obamacare, didn’t it?

I trust you either understood the sarcasm or saw follow-up posts.......No, I don't trust this USSC who's led by a chief justice more concerned about the court's "image" than actually applying the Constitution.

34 posted on 12/28/2013 3:09:38 PM PST by usconservative (When The Ballot Box No Longer Counts, The Ammunition Box Does. (What's In Your Ammo Box?))
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To: driftdiver

Judges are appointed to be political hacks.
So one can find a Judge who will ok or not ok anything.

The USSA judicial system has been a farce for years.


35 posted on 12/28/2013 6:51:42 PM PST by OldArmy52 (The question is not whether Obama ever lies, but whether he ever tells the truth.)
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To: OldArmy52

Do not rely on justice from the USSCourt.
At least half the justices are political hacks and the CJ is weak and likely being blackmailed.

The Constitution is regarded less well than toilet paper now.


36 posted on 12/28/2013 6:54:00 PM PST by OldArmy52 (The question is not whether Obama ever lies, but whether he ever tells the truth.)
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To: lbryce

We have to assume that the Supreme Court Justices, along with all of CONgress, Federal Court Judges, State Legislatures, Courts, and Governors are being spied on by the NSA and are potentially being blackmailed.


37 posted on 12/29/2013 11:14:31 AM PST by Count of Monte Fisto (The foundation of modern society is the denial of reality.)
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To: a fool in paradise

“Islamists get a free pass.”


While they are ‘watching’ us, God is WATCHING “them” violate us. God commands that ‘vengeance’ belongs to Him. That He, will repay. We shall endure this, AND all THINGS for Christ, who in the END will deliver us up to Himself, to BE WITH HIM!

You can have peace knowing...no matter how dangerous the things our adversaries do to us, their efforts are “still”, in the end, in vain. Our Lord is NOT SLACK in His Promises.

“Romans 12:19
Dearly beloved, avenge not yourselves, but rather give place unto wrath: for it is written, Vengeance is mine; I will repay, saith the Lord.
Romans 12:18-20

PRAISE THE FATHER, AND THE SON!


38 posted on 12/29/2013 1:44:18 PM PST by ourworldawry
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To: lbryce
Just because some clown in a magic black robe says something, doesn't mean it's true.

Remember that the Supreme Clown, Roger Taney, said stuff about blacks in America that was patent garbage.

The only reason clowns like this make their clownishness stick is that there are guys with guns backing them up.

That's what is known as "tyranny"...

39 posted on 12/30/2013 9:48:41 AM PST by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
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To: Go Gordon
I hope you are correct.

But I think it is impossible to know what this supreme court is going to do since it has become obvious in the last few years that 6 or 7 of the nine justices are as crazy as rats in a tin [out]house during a hail storm.

40 posted on 12/30/2013 1:01:02 PM PST by WayneS (Respect the 2nd Amendment; Repeal the 16th (and 17th))
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