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Confirmed: Americans Searched Without Warrants
CBN ^ | April 02, 2014 | CBN

Posted on 04/02/2014 8:03:40 AM PDT by xzins

The National Security Agency has searched the communications of American citizens without obtaining warrants, the administration's top intelligence official confirmed this week.

James Clapper, director of National Intelligence, confirmed the practice in a letter to Congress Tuesday. He didn't say when or how often the searches took place.

The NSA gathers the communications of ordinary Americans, but it had not been clear if those records had been searched.

"Senior officials have sometimes suggested that government agencies do not deliberately read Americans' emails, monitor their online activity or listen to their phone calls without a warrant," Sens. Ron Wyden, D-Ore., and Mark Udall, D-Colo., said in a joint statement. "However, the facts show that those suggestions were misleading, and that intelligence agencies have indeed conducted warrantless searches for Americans' communications."

The Obama administration defended the practice because it says the communications were gathered legally.

Civil rights groups say collecting and searching the information violates the Constitution.


TOPICS: News/Current Events; US: Oregon
KEYWORDS: 4thamendment; clapper; metadata; nsa; spying; warrant; warrantless; warrantlessearches
Other articles reveal that Senator Wyden was clearly told that the collection INCLUDED the actual conversations and emails...in other words...CONTENT.

We've been misled by Obama who has said that that no one is listening.

What he did not say is that it is not completely collected and completely available for searching should someone think it's important.

I continue to think this is what brought down David Petraeus and what continues to keep him quiet.

1 posted on 04/02/2014 8:03:41 AM PDT by xzins
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To: All

Other articles reveal that Senator Wyden was clearly told that the collection INCLUDED the actual conversations and emails...in other words...CONTENT.

We’ve been misled by Obama who has said that that no one is listening.

What he did not say is that it is not completely collected and completely available for searching should someone think it’s important.

I continue to think this is what brought down David Petraeus and what continues to keep him quiet.


2 posted on 04/02/2014 8:04:07 AM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: xzins

A class action suit under Bivens would be some rockin’ great fun!


3 posted on 04/02/2014 8:07:39 AM PDT by Psalm 144 (FIGHT! FIGHT! SEVERE CONSERVATIVE AND THE WILD RIGHT!)
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To: xzins
James Clapper, director of National Intelligence..

Clapper?

Clap on *clap* *clap*

Clap off *clap* *clap*

Clap on clap off....The Clapper!


4 posted on 04/02/2014 8:07:53 AM PDT by GrandJediMasterYoda (Republican has "I can" at the end. Democrat has "rat". Any questions?)
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To: xzins
"Senior officials have sometimes suggested that government agencies do not deliberately read Americans' emails, monitor their online activity or listen to their phone calls without a warrant,"

"Ooopsie", said the NSA as the envelope just happened to fall open after it had accidentally been held over the steaming kettle.

5 posted on 04/02/2014 8:15:55 AM PDT by KarlInOhio (Republican amnesty supporters don't care whether their own homes are called mansions or haciendas.)
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To: xzins
The Fourth Amendment protects individuals from "unreasonable searches and seizures."

Generally, a warrant, which requires probable cause to be issued, is required if there is "a reasonable expectation of privacy" (REP). But if no REP, then probable cause without a warrant may be sufficient to search. So REP or at the least, probable cause, needs to be shown.

If these were private conversations between two people in private places and emails not viewable by others, then it seems you could prove REP. If no REP, then where's the probable cause to search?

6 posted on 04/02/2014 8:16:11 AM PDT by PapaNew
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To: PapaNew
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.

As I read it any search must be proven reasonable and with rare exceptions, like a crime being committed before your very eyes, a warrant must be issued. Otherwise, the government could always say, "We thought it was reasonable."

7 posted on 04/02/2014 8:24:24 AM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: PapaNew
Not only the 4th, but I'm sure that various State laws were broken as well concerning electronic intercepts on phone conversations, data.

Maryland[Location of NSA HQ....lol]

Under the law, § 10-402, it is a 5 year / $10,000 felony to: (1) Willfully intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication;

(2) Willfully disclose, or endeavor to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subtitle; or

(3) Willfully use, or endeavor to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subtitle.

8 posted on 04/02/2014 8:27:36 AM PDT by Theoria (End Socialism : No more GOP and Dem candidates)
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To: xzins

this is in the reasons why i would not cry a second if nsa ceased to exist.


9 posted on 04/02/2014 8:37:34 AM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: xzins

Oh, puh-leez - Obama doesn’t give a rat’s *ss about the constitution, why should the NSA?


10 posted on 04/02/2014 8:52:30 AM PDT by Jack Hammer
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To: xzins

We know Clapper routinely lies so if this is his “least untruthful” version imagine how bad it must really be.


11 posted on 04/02/2014 8:57:54 AM PDT by DManA
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To: xzins

Laws ? irrelevant.

warrants ? who needs ‘em?

Constitutional rights? what are they?


12 posted on 04/02/2014 9:06:37 AM PDT by NormsRevenge (Semper Fi - Revolution is a'brewin!!!)
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To: xzins

Now, now, this is all just conspiracy nutter nonsense. /sarc


13 posted on 04/02/2014 9:21:38 AM PDT by Buggman (returnofbenjamin.com - Baruch haBa b'Shem ADONAI!)
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To: Buggman

I do not trust the NSA.

History has proven that if given a capability a government will abuse it.

No exceptions.


14 posted on 04/02/2014 10:19:55 AM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: xzins
Well, the 4A prohibits violation of the right to be "secure in their persons, houses, papers, and effects" which is where "reasonable expectation of privacy" (REP) comes in. If there's REP (usually your private home, but also private communications done in private), a warrant is required to search. However, if you're in a public place and there is probable cause that you have committed a crime, the police may search and seize you without a warrant (called "search incident to arrest") but ONLY in connection with the suspected crime and for immediate safety (weapons in the person).

So wiretapping your phone would require a warrant because there is REP. There is a likelihood the same would apply to at least some of what the NSA has been doing.

15 posted on 04/02/2014 10:20:22 AM PDT by PapaNew
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To: Theoria

Well, if the State of Maryland can arrest federal agents under its statutes, God bless them.


16 posted on 04/02/2014 10:24:03 AM PDT by PapaNew
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To: xzins

Why doesn’t DEMOCRAT senator Wyden, Fienstien and the other leftist who are “concerned” join with Republicans in putting an end to this Bolshevik like behavior on the part of obama and Reid? Sorry forgot party before country and liberty rules in DC.

Kabuki Theater anyone...


17 posted on 04/02/2014 10:27:30 AM PDT by sarge83
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To: xzins
History has proven that if given a capability a government will abuse it. No exceptions.

That's right. That's why THE issue in the upcoming elections is the cutting the $4 trillion government beast by at least 80% (would still be too big - $800 billion) and replace it with the FREE MARKET ECONOMY. The Right and anyone that cares about their future and this country's future should rally around that one issue and unite behind the best candidate(s) who best understands this.

Politically, nothing else matters - all the other issues are peripheral and chump change in comparison IMO and actually begin to automatically disappear upon once again having a limited constitutional government.

18 posted on 04/02/2014 10:38:51 AM PDT by PapaNew
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To: xzins

Agreed. And the more you learn about the history of our intelligence agencies, the less you trust any of the alphabet-soup groups.


19 posted on 04/02/2014 11:14:16 AM PDT by Buggman (returnofbenjamin.com - Baruch haBa b'Shem ADONAI!)
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To: Buggman

I keep coming back to what is doable, Buggs. Cruz says we need a “tsunami” of public opinion, and he’s right, but that is itself so hard to achieve.

What we really need is for God to act, even if it’s just to throw things out of kilter.


20 posted on 04/02/2014 11:26:07 AM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: xzins

I’ve wondered for some time if God intends to use an EMP—whether a deliberate attack or a well-timed X-flare—at just the right time to keep the Adversary from being able to catch everyone in his net.


21 posted on 04/02/2014 12:13:26 PM PDT by Buggman (returnofbenjamin.com - Baruch haBa b'Shem ADONAI!)
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To: Buggman

Shut the grid down and you shut this world down.


22 posted on 04/02/2014 4:24:08 PM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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