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Top court rules against NSA program
The Hill ^ | 05/07/2015 | Juliam Hatem

Posted on 05/07/2015 6:43:11 AM PDT by GIdget2004

A federal court has decided that the National Security Agency’s (NSA) bulk, warrantless collection of millions of Americans’ phone records is illegal.

The decision from the Second Circuit Court of Appeals on Wednesday represents the second major court victory for opponents of the NSA, after a lower court decision called the program nearly unconstitutional six months ago.

The phone records program “exceeds the scope of what Congress has authorized,” Judge Gerard Lynch wrote on behalf of the three-judge panel. The court did not examine the constitutionality of the surveillance program.

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


TOPICS: Breaking News; Constitution/Conservatism; News/Current Events
KEYWORDS: gerardlynch; impeachnow; irs; liberalagenda; loislerner; nsa; obama; phonerecords; yeswescan
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To: Repeal The 17th

“They can’t even stop the telemarketers from violating the “do not call” list.”

Nor can they stop the satellite countries from blasting their commrercials’ volume.


21 posted on 05/07/2015 7:29:21 AM PDT by Luke21 (Go Ted go.)
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To: Sine_Pari

RRRRIIIIIIIIGHT
You can believe they don’t vacuum up everything and when they find something good maybe go to the Court to actually use it..
The LAW does not apply to this gov’t


22 posted on 05/07/2015 7:30:20 AM PDT by Plain Old American (Remember who said what; Remind those who don't Remember; Vote and take a friend to the polls)
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To: GIdget2004

I don’t care about whether congress authorized the trampling of the bill of rights.


23 posted on 05/07/2015 7:35:06 AM PDT by Uncle Miltie (we also gave those who wished to destroy space to do that - Baltimore's Democrat Mayor)
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To: Rapscallion

He can’t be impeached - obama is black and immune to criticism without it being attributed to racism. Impeachment is beyond comprehension.


24 posted on 05/07/2015 7:36:39 AM PDT by Sgt_Schultze (If a border fence isn't effective, why is there a border fence around the White House?)
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To: GIdget2004

The United States Court of Appeals for the Second Circuit is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York, and Vermont.

With 13 active and 10 senior judges, the Second Circuit is midsized among the thirteen United States courts of appeals.


25 posted on 05/07/2015 7:49:06 AM PDT by yefragetuwrabrumuy ("Don't compare me to the almighty, compare me to the alternative." -Obama, 09-24-11)
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To: GIdget2004

Of course its illegal and unconstitutional.


26 posted on 05/07/2015 8:10:40 AM PDT by Georgia Girl 2 (The only purpose o f a pistol is to fight your way back to the rifle you should never have dropped.)
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To: GIdget2004

Anyone who has read the constitution knew this would have to be the case if the Constitution was going to be upheld.

The people are to be secure in their persons and their belongings (including data), unless there is probable cause, and a court ordered warrant regarding specifics of a search.

The NSA is capturing everyone’s data, by default, with no probable cause and no warrant and then storing it all in massive data banks in Virginia and Utah. That data is then categorized and mined by all sorts of agencies...again, all without any probable cause or specific warrant.

Of course it is unconstitutional and therefore illegal.


27 posted on 05/07/2015 8:12:52 AM PDT by Jeff Head (Semper Fidelis - Molon Labe - Sic Semper Tyrannis)
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To: blackdog
All my phone calls and messaging was thru a server in my basement which I have since wiped clean and destroyed.

But YOU will be arrested an indicted for doing so.

28 posted on 05/07/2015 8:12:54 AM PDT by fwdude (The last time the GOP ran an "extremist," Reagan won 44 states.)
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To: Jeff Head

The court didn’t actually answer the question of whether or not this is constitutional. They only ruled that it was beyond what the scope of the law passed allowed.


29 posted on 05/07/2015 8:28:56 AM PDT by GIdget2004
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To: All

I am in awe. A USG court could figure out that Soviet era spying on every electronic activity of USA citizens is against the Supreme law of the land of USA? Where did these judges come from, were they not trained in properly indoctrinated schools?


30 posted on 05/07/2015 8:56:57 AM PDT by veracious
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To: GIdget2004
We're in a post-Constitutional America.

So the 2nd Circuit rules that NSA metadata collection is illegal, unconstitutional and must stop. (Which they didn't say, by the way, but let's just assume that they did.)

And the NSA says, who's going to make us stop? Certainly not some puny panel of judges. Certainly not this pusillanimous congress. And probably not even the WH - not that 0bamugabe ever would.

31 posted on 05/07/2015 9:20:22 AM PDT by mojito (Zero, our Nero.)
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To: Jet Jaguar; NorwegianViking; ExTexasRedhead; HollyB; FromLori; EricTheRed_VocalMinority; ...

The list, Ping

Let me know if you would like to be on or off the ping list

http://www.nachumlist.com/


32 posted on 05/07/2015 9:59:36 AM PDT by Nachum (Obamacare: It's. The. Flaw.)
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To: GIdget2004

Listening to Judge Napolitano, it comes down like this.

Either through stupidity or deliberate malice, Bush II misread the original provisions of the Patriot Act with respect to collection of phone and communications data, and interpreted as it allowing the government to collect that information in a massive manner from ALL Americans.

The Court here is saying that Congress needs to clarify this section of the Patriot Act through legislation.

Then, if COngress is obtuse and arrogant enough to rewrite the portion of the statute to reflect what Bush II intended, the Courts will have to review that statute to determine that it indeed violates the Constitution, which of course it does.

I have no doubt that Boehner and McConnell will give Obama authority to CONTINUE spying on ALL Americans REGARDLESS of any Constitutionally required court order until and when someobody takes them to Court AGAIN on this subject in an effort to enforce the Constitution.

This is another reason WHY we need TERM LIMITS and a COnstitutional Convention. The idiots we continue to elect to office again and again and again, have formed a class apart from the mass of the citizens and regard themselves as the sole arbiters of constitutionality, NOT the Constitution itself.

One idiot, George Bush II, has given a Monster and a traitor, Obama, a method of persecuting all American citizens who dissent with governmental policies.


33 posted on 05/07/2015 1:05:44 PM PDT by ZULU (Boehner and McConnell are Obama's Strumpets.)
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To: GIdget2004
A federal court has decided that the National Security Agency’s (NSA) bulk, warrantless collection of millions of Americans’ phone records is illegal.

Anyone thinking the nation's top LIAR is going to shut it down is clearly addicted to heroine.

How much tax payer money do you think GWB and Obie spent on this?? Spying on the USA will never be shut down. America would have better luck getting Utah to shut off the water to this NSA energy sucking hog than running to the courts.






34 posted on 05/07/2015 1:08:37 PM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: Rapscallion
If Obama will not stop it, he should be impeached and removed from Office ASAP.

YOU REALLY ARE DELUSINAL IF YOU ARE SERIOUS IN THAT COMMENT. BOTH BONER AND MCCONNELL have both stated publicly they will never stop Obie on just about anything. I honestly believe you could see Obie on TV killing someone and the GOP led Congress would say "What do you want us to do? We cannot shut off the public teet. Our hands are tied, give us the WH and then you will see action."

It is always about the next election with them. The GOP led Congress has done NOTHING they campaigned on for office in 2014.

Not one penny and not one vote for the GOP from me in the future. I will stick to voting for my local politicians and voter initiatives only.
35 posted on 05/07/2015 1:17:22 PM PDT by Cheerio (Barry Hussein Soetoro-0bama=The Complete Destruction of American Capitalism)
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To: GIdget2004

Paging Hillary to wipe their servers.


36 posted on 05/07/2015 5:45:46 PM PDT by Rockitz (This is NOT rocket science - Follow the money and you'll find the truth.)
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To: Cheerio
Our hands are tied, give us the WH and then you will see action.

Ah, I believe Jesus said the perfect response:
Matthew 13:12 -- "But his master replied, ‘You wicked and lazy slave! You knew, did you, that I reap where I did not sow, and gather where I did not scatter? Then you ought to have invested my money with the bankers, and on my return I would have received what was my own with interest. So take the talent from him, and give it to the one with the ten talents. For to all those who have, more will be given, and they will have an abundance; but from those who have nothing, even what they have will be taken away. As for this worthless slave, throw him into the outer darkness, where there will be weeping and gnashing of teeth.’"

37 posted on 05/07/2015 9:08:12 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: Sine_Pari
Call data records do not include content; that is, the actual voice interaction between the callers, SMS messaging, or any electronic exchanges between two human beings.

NSA spying flap extends to contents of US phone calls
NSA Converting Our Spoken Words Into Searchable Text

38 posted on 05/07/2015 9:21:03 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: OneWingedShark

It is all there as a big net waiting to be used, someday. The issue is that it should never have even been stored in the first place unless there was probable cause.

It’s almost like having a camera and mic recording your every conversation, along with a black box in your vehicle recording your every action and destination. It is all “what if” information that may be usable to somebody someday. We are almost there.

If only the govt would have prevented 9-11 there would have been no incentive or justification for a Patriot Act or for govt to expand the surveillance. Everything changed after 9-11 to the detriment of the USA public in many ways.


39 posted on 05/08/2015 1:57:30 PM PDT by apoliticalone (The ultimate mission of gun grabbers is to have elites armed and the masses subservient)
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To: apoliticalone
If only the govt would have prevented 9-11 there would have been no incentive or justification for a Patriot Act or for govt to expand the surveillance. Everything changed after 9-11 to the detriment of the USA public in many ways.

This statement itself, combined with how the government has headlong barreled into totalitarianism,* is the best evidence for the government was responsible for 9/11 I have seen. Look at all this; it didn't just grow, it was planned.

* — Remember when the NSA's domestic espionage came to light via Mr. Snowden? Remember how the Congress, instead of acting against the agency, defended it?
These are not the actions of leaders who are displeased with their subordinates, they are actions taken to protect their subordinates from lawful punishment… to what end?

40 posted on 05/08/2015 2:07:37 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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