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Brett Kavanaugh's defense of NSA phone surveillance looms as confirmation question
Washington Examiner ^ | 07/09/2018 | Steven Nelson

Posted on 07/09/2018 7:18:35 PM PDT by SeekAndFind

Judge Brett Kavanaugh, President Trump’s Supreme Court nominee, forcefully defended the National Security Agency’s dragnet collection of domestic call records, alarming privacy advocates who view the collection as unconstitutional.

It’s not yet clear if Kavanaugh’s November 2015 concurrence while serving on the U.S. Court of Appeals for the D.C. Circuit will factor prominently in his confirmation proceedings. But before he was nominated, anti-surveillance progressive and conservative advocates expressed concern.

“I believe Judge Kavanaugh is an excellent judge, though certainly not a perfect one,” Ken Cuccinelli, president of the Senate Conservatives Fund, told the Washington Examiner last week. "His Fourth Amendment perspective is troubling."

“As someone who sued the NSA over their metadata gathering as a violation of the Fourth Amendment, he and I disagree on that point, and I think a lot of liberty-minded folks are going to have that as a major concern,” said Cuccinelli, a former Virginia attorney general.

Privacy activists said Kavanaugh's two-page opinion was remarkable both for its legal analysis and the fact he didn’t need to write it. He attached the concurrence to a legal order turning down an appeal challenging the NSA’s then-discontinued call record dragnet.

The other appeals court judges offered no reason for denying the appeal, but Kavanaugh voluntarily wrote that he believed the collection, which Congress ended as a matter of policy earlier that year, was constitutional.

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


TOPICS: Constitution/Conservatism; Culture/Society; News/Current Events; Philosophy; US: Virginia
KEYWORDS: bknominated; cuccinelli; deepstate; kavanaugh; nsa; scotus; surveillance; trumpscotus
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1 posted on 07/09/2018 7:18:35 PM PDT by SeekAndFind
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To: SeekAndFind

Senator Rand Paul may oppose him because of this.


2 posted on 07/09/2018 7:20:45 PM PDT by Architect of Avalon
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To: SeekAndFind

Didn’t Rand Paul oppose the continuation of Patriot Act?


3 posted on 07/09/2018 7:23:13 PM PDT by Cheerio
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To: SeekAndFind

“”His Fourth Amendment perspective is troubling.”

Only the Fourth?


4 posted on 07/09/2018 7:24:07 PM PDT by max americana (Fired libtard employees 9 consecutive times at every election since 08'. I hope all liberals die.)
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To: Architect of Avalon

I agree, lets out all of his calls.


5 posted on 07/09/2018 7:25:25 PM PDT by MtnClimber (For photos of Colorado scenery and wildlife, click on my screen name for my FR home page.)
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To: MtnClimber

http://www.freerepublic.com/focus/f-chat/3669669/posts


6 posted on 07/09/2018 7:27:56 PM PDT by Don W (When blacks riot, neighbourhoods and cities burn. When whites riot, nations and continents burn.)
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To: MtnClimber

I really don’t care if they confirm this guy. I’ve been watching Republicans bat .500 or worse on the court for fifty years. Ike got John Harlan but gave us Warren and Brennan. Nixon got Rehnquist, a moderate in Burger, and three libs, including the notorious Blackmun, Ford was a Democrat basically and picked far left Stevens. Our side sucks at this.


7 posted on 07/09/2018 7:31:24 PM PDT by Luke21 (The Hill sucks.)
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To: SeekAndFind

This was metadata, not recordings of the actual phone calls.


8 posted on 07/09/2018 7:32:59 PM PDT by Signalman
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To: Architect of Avalon

Rand Paul almost always sides with liberty and the citizens.
He’s going to take a lot of heat for it.


9 posted on 07/09/2018 7:34:21 PM PDT by Lurkinanloomin (Natural Born Citizen Means Born Here of Citizen Parents__Know Islam, No Peace - No Islam, Know Peace)
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To: Luke21

Yeah pretty much. Sometimes we get lucky. George H. W. Bush gave us Clarence Thomas.


10 posted on 07/09/2018 7:40:01 PM PDT by plain talk
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To: Lurkinanloomin

rand paul (R-ATTENTION WHORE) always sides with whatever increases the size of his MSM footprint the most.


11 posted on 07/09/2018 7:40:35 PM PDT by JohnBrowdie
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To: SeekAndFind
From his opinion:

“To be sure, sincere and passionate concerns have been raised about the Government’s program. Those policy arguments may be addressed by Congress and the Executive. Those institutions possess authority to scale back or put more checks on this program, as they have done to some extent by enacting the USA Freedom Act.”

12 posted on 07/09/2018 7:40:47 PM PDT by Wayne07
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To: Lurkinanloomin
Rand Paul almost always sides with liberty and the citizens.

Like when he has supported legalizing recreational drugs and prostitution?

13 posted on 07/09/2018 7:41:41 PM PDT by Kazan
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To: Kazan

how about when his vote was the deciding vote in the senate that meant my healthcare remained hijacked by ACA?


14 posted on 07/09/2018 7:43:01 PM PDT by JohnBrowdie
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To: Kazan

like how he joined the democrats and opposed pompeo as SecState? how many times has he crossed PDJT and his agenda?


15 posted on 07/09/2018 7:46:35 PM PDT by JohnBrowdie
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To: Signalman

“This was metadata, not recordings of the actual phone calls.”

People tend not to understand that.

And it’s presented by the leftists as if it is not this.


16 posted on 07/09/2018 7:54:31 PM PDT by ifinnegan (Democrats kill babies and harvest their organs to sell)
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To: Kazan
Like when he has supported legalizing recreational drugs and prostitution?

Exactly. Big contributor to moral decay in a society.

17 posted on 07/09/2018 7:56:32 PM PDT by Ron H.
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To: JohnBrowdie

I would take 10 more Rand Pauls if we could get rid of the Amnesty Senators.

Flake, Corker, Hatch, Heller, Alexander, Graham, McCain, Murkowsky, Hoeven, Rubio all voted to abandon the rule of law and surrender the country to fraudulently documented foreigners and give the Democrats a permanent majority.


18 posted on 07/09/2018 8:02:41 PM PDT by Lurkinanloomin (Natural Born Citizen Means Born Here of Citizen Parents__Know Islam, No Peace - No Islam, Know Peace)
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To: Lurkinanloomin

Exactly! So few in congress are really constitutional. Most are following their greed or lust.


19 posted on 07/09/2018 8:04:42 PM PDT by Yaelle
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To: Luke21

The current SCOTUS is unconstitutional. We will feed it’s false legitimacy.


20 posted on 07/09/2018 8:05:53 PM PDT by Theophilus (Repent)
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