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Lindsey Graham: NSA data collection 'not Fourth Amendment' issue
washingtonexaminer.com ^ | 2/12/14 | Joel Gehrke

Posted on 02/13/2014 5:23:29 AM PST by cotton1706

Sen. Lindsey Graham, R-S.C., panned a lawsuit against National Security Agency data collection filed by Sen. Rand Paul, R-Ky., saying that the bulk phone data collection program does not involve the Fourth Amendment.

"I think collecting data is not a Fourth Amendment activity if it's related to gathering intelligence to prevent a terrorist attack," Graham told the Washington Examiner. "It's not being used to prosecute anybody. This is an intelligence-gathering process and we'll leave it up to the courts to see if it somehow has violated the Fourth Amendment."

Paul told reporters that the program conflicts directly with the Fourth Amendment. "I just want you to go to a judge, have a person's name, and individualize their warrant," he said, explaining that he doesn't oppose spying or the National Security Agency's ability to review some phone records. "That's what the Fourth Amendment says. I'm not against going to an individual who we suspect, with a warrant, and getting their phone records, and then if they called 100 people, I'm not against looking at those people."

The lawsuit drew mixed reactions in the Senate. Virginia Democrat Tim Kaine said that the NSA program needs some curtailing, but suggested that the real problem lies with the nature of the authorization for the use of military force that provides the legal backdrop for what used to be called the war on terror.

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


TOPICS: Constitution/Conservatism; Politics/Elections
KEYWORDS: elections
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Graham's primary is on June 10th!
1 posted on 02/13/2014 5:23:29 AM PST by cotton1706
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To: cotton1706

I suppose they found more pictures


2 posted on 02/13/2014 5:25:00 AM PST by ronnie raygun (zippy the a##clown sez..............................)
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To: cotton1706

Graham doesn’t understand the word ‘unreasonable’. He only understands ‘appeasement’ and big government.


3 posted on 02/13/2014 5:25:38 AM PST by Gaffer (Comprehensive Immigration Reform is just another name for Comprehensive Capitulation)
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To: Gaffer

Our problem is not with the data being used to prevent terrorist attacks. Its when its used as a political tool for blackmail or intimidation, Linda Graham.


4 posted on 02/13/2014 5:28:17 AM PST by jsanders2001
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To: cotton1706

First off, I’m not convinced they are just collecting metadata and not actual content of communications. But in any event, I’ve never heard whether whatever data they are collecting is stored and archived in a searchable format. If so then it is chillingly intrusive.


5 posted on 02/13/2014 5:28:35 AM PST by circlecity
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To: Gaffer

Now that’s not fair. Graham also understands the word AMNESTY.

I sure hope and pray that the good people of S.C. remember this on 10 June.


6 posted on 02/13/2014 5:28:53 AM PST by Howie66 (John Wayne McCornyn...he's just like US! Honest!)
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To: cotton1706

Traitor!


7 posted on 02/13/2014 5:30:52 AM PST by Faith65 (Jesus Christ is my Lord and Savior!)
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To: cotton1706

lindsey graham (small letters for a small person) is not a Constitutional scholar. Maybe lindsey is having grand illusions of his power and authority again? It appears most of them do have those types of illusions. Congress and all those people in power in D.C. have one job and one job only and they forget their job constantly. Their job is protect and defend the American People instead the majority of congress and those in D.C. protect and defend terrorists. What a topsy tervy America We the People live in.


8 posted on 02/13/2014 5:31:22 AM PST by no-to-illegals (Scrutinize our government and Secure the Blessing of Freedom and Justice)
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To: Howie66

:o)


9 posted on 02/13/2014 5:32:42 AM PST by Gaffer (Comprehensive Immigration Reform is just another name for Comprehensive Capitulation)
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To: cotton1706

What do they have on Graham that he would support this totalitarian activity.


10 posted on 02/13/2014 5:34:50 AM PST by BuffaloJack (Freedom isn't free; nor is it easy. END ALL TOTALITARIAN ACTIVITY NOW.)
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To: cotton1706

OMG! What a complete sellout this guy is.


11 posted on 02/13/2014 5:35:37 AM PST by faithhopecharity
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To: cotton1706
"I think collecting data is not a Fourth Amendment activity if it's related to gathering intelligence to prevent a terrorist attack," Graham told the Washington Examiner. "It's not being used to prosecute anybody. This is an intelligence-gathering process and we'll leave it up to the courts to see if it somehow has violated the Fourth Amendment."

Funny. I guess I missed the wording in the Fourth Amendment where it says "except for intelligence gathering purposes." Got caught with another live boy did ya', Linda?
12 posted on 02/13/2014 5:35:56 AM PST by PowderMonkey (WILL WORK FOR AMMO)
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To: cotton1706

Dump Linda, SC.


13 posted on 02/13/2014 5:36:12 AM PST by VRWC For Truth (Roberts has perverted the Constitution)
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To: cotton1706
...the bulk phone data collection program does not involve the Fourth Amendment...

Well, respectfully Mr. Graham you're either lying or an idiot if you think the 4th Amendment does not apply.

"I think collecting data is not a Fourth Amendment activity if it's related to gathering intelligence to prevent a terrorist attack,"

So you admit that they are collecting data and it would normally be a 4th Amendment issue. With the "if" there though you are excusing them saying it is ok because the ends justify the means - since they are allegedly trying to prevent a terrorist attack it is all right by you that they violate the 4th Amendment.

"It's not being used to prosecute anybody. This is an intelligence-gathering process..."

Again it appears you believe the motives behind it justify it. Is it ok then, in your mind Mr. Graham, if the government violates our other protected rights too - as long as it is for our own good, to keep us "safe?" Tell me, who then keeps us safe from the government? You willing to let them violate your 1st Amendment rights, to keep you safe? (the IRS is trying) Your 2nd Amendment rights? (they sure are trying across the board) The 1st, 2nd, and 4th Amendments are the ones most directly under attack - for the children. To keep us safe, secure...

14 posted on 02/13/2014 5:37:21 AM PST by ThunderSleeps (Stop obarma now! Stop the hussein - insane agenda!)
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To: cotton1706

The 4th guarantees freedom from search and seizure.

The NSA is not warantlessly searching nor seizing the property of citizens. The NSA is collecting data amassed by third party cell phone providers.

The question should be how can the cell providers resist the NSA request for the data?

As much as I hate to disagree with the man, he seems to be correct


15 posted on 02/13/2014 5:37:32 AM PST by bert ((K.E. N.P. N.C. +12 ..... History is a process, not an event)
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To: cotton1706

Bulk data stored this way is useless for anything. There is not enough time to search for anything unless you are looking for something specific.

But, if you annoy the government, well then lets just see who you’ve been talking to...


16 posted on 02/13/2014 5:39:24 AM PST by Mr. K (If you like your constitution, you can keep it...Period.)
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To: cotton1706
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

Right, Lindsey, the Framers deliberately left out reference to the internet and other electronic means because they felt that would be ok - the principle of privacy against government intrusion wouldn't be affected by that sort of surveillance.

17 posted on 02/13/2014 5:39:25 AM PST by Paine in the Neck (Our Lives, our Fortunes, and our sacred Honor)
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To: cotton1706

Just like the Second Amendment is only about hunting.


18 posted on 02/13/2014 5:40:35 AM PST by MinstrelBoy (If you're a conservative today, you're a hero.)
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To: circlecity
...just collecting metadata ...

What's all this NSA data collection about?

It's about using the collected metadata to build social networks.

The NSA has been creating maps of American citizens' social networks

Why do they want to do that? What could social networks be used for in the hands of government? Consider:

Using Metadata to Find Paul Revere

How will such capabilities be used now? How They Hunt

Is it already too late?

19 posted on 02/13/2014 5:40:51 AM PST by Paine in the Neck (Our Lives, our Fortunes, and our sacred Honor)
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To: cotton1706

Yeah.? What law school did this dude attend? I was a a meeting of the federalist society and a law professor spoke. He said it is the lawyers who are the primary objectors holding this administration’s feet to the fire


20 posted on 02/13/2014 5:41:54 AM PST by yldstrk (My heroes have always been cowboys)
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