Skip to comments.Brett Kavanaugh's defense of NSA phone surveillance looms as confirmation question
Posted on 07/09/2018 7:18:35 PM PDT by SeekAndFind
Judge Brett Kavanaugh, President Trumps Supreme Court nominee, forcefully defended the National Security Agencys dragnet collection of domestic call records, alarming privacy advocates who view the collection as unconstitutional.
Its not yet clear if Kavanaughs 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 didnt need to write it. He attached the concurrence to a legal order turning down an appeal challenging the NSAs 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 ...
Senator Rand Paul may oppose him because of this.
Didn’t Rand Paul oppose the continuation of Patriot Act?
“”His Fourth Amendment perspective is troubling.”
Only the Fourth?
I agree, lets out all of his calls.
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.
This was metadata, not recordings of the actual phone calls.
Rand Paul almost always sides with liberty and the citizens.
He’s going to take a lot of heat for it.
Yeah pretty much. Sometimes we get lucky. George H. W. Bush gave us Clarence Thomas.
rand paul (R-ATTENTION WHORE) always sides with whatever increases the size of his MSM footprint the most.
To be sure, sincere and passionate concerns have been raised about the Governments 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.
Like when he has supported legalizing recreational drugs and prostitution?
how about when his vote was the deciding vote in the senate that meant my healthcare remained hijacked by ACA?
like how he joined the democrats and opposed pompeo as SecState? how many times has he crossed PDJT and his agenda?
“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.
Exactly. Big contributor to moral decay in a society.
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.
Exactly! So few in congress are really constitutional. Most are following their greed or lust.
The current SCOTUS is unconstitutional. We will feed it’s false legitimacy.
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