Judge Andrew Napolitano on the 4th Amendment vs NSA SpyingDetails
Senior Judicial Analyst Judge Andrew Napolitano said we “should be grateful” to Snowden for exposing the government’s “massive violation of the Fourth Amendment.”Details
by Ron Paul
In 2001, the Patriot Act opened the door to US government monitoring of Americans without a warrant. It was unconstitutional, but most in Congress over my strong objection were so determined to do something after the attacks of 9/11 that they did not seem to give it too much thought. Civil liberties groups were concerned, and some of us in Congress warned about giving up our liberties even in the post-9/11 panic. But at the time most Americans did not seem too worried about the intrusion.
This complacency has suddenly shifted given recent revelations of the extent of government spying on Americans. Politicians and bureaucrats are faced with serious backlash from Americans outraged that their most personal communications are intercepted and stored. They had been told that only the terrorists would be monitored. In response to this anger, defenders of the program have time and again resorted to spreading lies and distortions. But these untruths are now being exposed very quickly.
In a Senate hearing this March, Director of National Intelligence James Clapper told Senator Ron Wyden that the NSA did not collect phone records of millions of Americans. This was just three months before the revelations of an NSA leaker made it clear that Clapper was not telling the truth. Pressed on his false testimony before Congress, Clapper apologized for giving an “erroneous” answer but claimed it was just because he “simply didn’t think of Section 215 of the Patriot Act.” Wow.Details
Last week, Justin Amash, the two-term libertarian Republican congressman from Michigan, joined with John Conyers, the 25-term liberal Democratic congressman from the same state, to offer an amendment to legislation funding the National Security Agency (NSA). If enacted, the Amash-Conyers amendment would have forced the government’s domestic spies when seeking search warrants to capture Americans’ phone calls, texts and emails first to identify their targets and produce evidence of their terror-related activities before a judge may issue a warrant. The support they garnered had a surprising result that stunned the Washington establishment.
It almost passed.
The final vote, in which the Amash-Conyers amendment was defeated by 205 to 217, was delayed for a few hours by the House Republican leadership, which opposed the measure. The Republican leadership team, in conjunction with President Obama and House Minority Leader Nancy Pelosi, needed more time for arm-twisting so as to avoid a humiliating loss.
But the House rank-and-file did succeed in sending a message to the big-government types in both parties: Nearly half of the House of Representatives has had enough of government spying and then lying about it, and understands that spying on every American simply cannot withstand minimal scrutiny or basic constitutional analysis.
The president is deeply into this and no doubt wishes he wasn’t. He now says he welcomed the debate in the House on whether his spies can have all they want from us or whether they are subject to constitutional requirements for their warrants. Surely he knows that the Supreme Court has ruled consistently since the time of the Civil War that the government is always subject to the Constitution, wherever it goes and whatever it does.Details
We stand for freedom.
Those words were spoken by National Security Agency Director, Keith Alexander at a speech given during the annual Black Hat conference in Las Vegas, Nevada this week.
A little while later, he also responded to a heckler in the audience who told him to “read the Constitution,” with; “I have, and so should you.”
If that doesn’t qualify as the lie of the century, I don’t know what does.
I guess his version of the 4th amendment says this:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated unless the government feels it’s necessary, and no Warrants shall issue, because the government doesn’t need them.”
In an effort to show complete truthfulness, Alexander claimed that he would “answer every question to the fullest extent possible.” This because he welcomed dialog on this issue, and wanted to “put the facts on the table.” He then assured another questioner in the audience that he had not lied to congress. Although, whether he was speaking only for himself or the entire NSA, is anyone’s guess. He reaffirmed his stance that the NSA isn’t really doing any information collecting that we should worry about, because they are only collecting metadata.
Interestingly, the ACLU posted a great article yesterday on the truth regarding the intimacy of metadata. MIT media lab has developed a great tool called Immersion which “analyzes the metadata–From, To, Cc and Timestamp fields– from a volunteer’s Gmail account and visualizes it.” It illustrates what a huge repository of information exists as “metadata,” and why we have great reason to be concerned.Details
Let’s recap the situation regarding criminal conduct within the U.S. national-security state, just to see how the national-security state has succeeded in corrupting the morals and values of our nation.Details
For all those who still believe that Republican=Constitutionalist and Democrat=Liberty-hating liberal, something happened on Capitol Hill that might change your mind.
As was reported by The New American, the House of Representatives narrowly defeated an amendment to the defense appropriations sponsored by Republican Congressman Justin Amash (shown) of Michigan and Democratic Congressman John Conyers, also of Michigan.
The Amash Amendment would have revoked authority “for the blanket collection of records under the Patriot Act. It would also bar the NSA and other agencies from using Section 215 of the Patriot Act to collect records, including telephone call records, that pertain to persons who are not subject to an investigation under Section 215” of the Patriot Act.
Despite the threat to the Establishment (or perhaps because of it), Amash’s measure failed by a vote of 205-217.
It’s the identity of the “ayes” and “nays” that tells the rest of the story.
An analysis of the roll call reveals that a majority of Democrats voted in favor of restricting the Obama administration’s wholesale surveillance of Americans, while a majority of the GOP voted to uphold the NSA’s unconstitutional surveillance of all electronic communications.Details
The new law provides strong privacy protections for Montana citizens, requiring state and local government agencies to obtain a warrant before spying on electronic devices or communication services.
Except as provided in subsection (2), a government entity may not obtain the location information of an electronic device without a search warrant issued by a duly authorized court.
The law covers services that “provide to users of the service the ability to send or receive wire or electronic communications,” and any device “that enables access to or use of an electronic communication service, remote computing service, or location information service.”
Even with some exceptions such as law enforcement access when a device is reported stolen or for “life threatening situations,” the new law provides extensive privacy protections that did not exist before.
The law represents a solid win for privacy in Montana, although confusion surrounding the new law does exist. Some media outlets have reported the legislation prohibits NSA spying. But the law does not apply to federal agencies, as section three of the definitions makes clear.
(3) “Government entity” means a state or local agency, including but no limited to a law enforcement entity or any other investigative entity, agency, department, division, bureau, board or commission or an individual acting or purporting to act for or on behalf of a state or local agency.
“If people can’t trust not only the executive branch, but also don’t trust Congress, and don’t trust federal judges, to make sure that we’re abiding by the Constitution with due process and rule of law, then we’re going to have some problems here.” Obama added that the National Security agents behind the surveillance programs “cherish our Constitution…You can shout Big Brother or program run amok, but if you actually look at the details, I think we’ve struck the right balance,” he explained.
I actually felt a sense of relief when I read Obama’s statement. Finally, he gets it. We don’t trust him, or Congress, or the political appointees we loosely call federal judges. I can’t think of a single reason to place my faith in any of them.
In my lifetime, the last executive I felt willing to trust was Kennedy.
And I was three.
I may have been taken in!
Look, we shouldn’t trust these people. And history bears this out.
Take Lyndon Johnson and his winking Congress. They led us into the undeclared Vietnam catastrophe. Did you know that the Viet Cong were quite comfortable ignoring the Geneva Convention because we didn’t formally declare war? As a result, U.S. POWs could be classified as political criminals…and tortured.
And of course, we were all disgusted with Nixon’s betrayal of the country in the Watergate affair. But like jailing Capone for tax evasion, we hardly nailed Nixon’s greatest crime. Under his leadership, supported by Congress, and repeatedly upheld by our courts, the shredding of the Fourth Amendment became a federal past-time. Thanks to the criminalization of drugs, policing shifted from community service to community intimidation. RICO laws sank to IRS levels, eliminating due process. Suddenly, property could be taken from an individual just on the suspicion of wrongdoing – no conviction required. DUI checkpoints, once illegal, became commonplace. Prior to that, police had to observe driving behavior and have probable cause in order to stop you. Oh, and if pulled over, our automobiles used to be safe from police searches under the Fourth Amendment. No longer. All thanks to the War on Drugs.Details