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Judge: NSA phone program
likely unconstitutional

Politico, by Josh Gerstein

Original Article

Posted By:mitzi, 12/16/2013 2:02:26 PM

A federal judge ruled Monday that the National Security Agency program which collects information on nearly all telephone calls made to, from or within the United States is likely to be unconstitutional. U.S. District Court Judge Richard Leon found that the program appears to run afoul of the Fourth Amendment prohibition on unreasonable searches and seizures. He also said the Justice Department had failed to demonstrate that collecting the so-called metadata had helped to head off terrorist attacks. Acting on a lawsuit brought by conservative legal activist Larry Klayman, Leon issued a preliminary injunction barring the NSA from collecting metadata

Comments:
Interesting development ....

      


Post Reply  

Reply 1 - Posted by: RightShoe, 12/16/2013 2:24:02 PM     (No. 9656269)

And after a quick audit of the Judges income taxes the program will quickly become constitutional.

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Reply 2 - Posted by: FL_Absentee_Voter, 12/16/2013 2:26:53 PM     (No. 9656272)

If what Gen. Alexander stated on 60 Minutes last night is true - that the metadata was stored for 5 years and was accessible only through a FISA Court order - I don´t see the unreasonableness in this age of electronic communication.

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Reply 3 - Posted by: Rumblehog, 12/16/2013 2:29:11 PM     (No. 9656273)

Yes! Finally someone applied the Constitution. While Americans really don´t have any true protections of privacy, as such, we do have the right to illegal search and seizure, which apparently this Judge has invoked. When will this come down on the head of Google, and half a dozen other Internet search engines/companies who do similar things for commercial profit?

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Reply 4 - Posted by: mickturn, 12/16/2013 2:42:56 PM     (No. 9656293)

OF COURSE IT IS...this judge will be singing a different tune when the NSA reveales his picadiallo´s.

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Reply 5 - Posted by: mickturn, 12/16/2013 2:47:44 PM     (No. 9656298)

Make that peccadillos...
Pick a Peck of Pickled Peppers...who cares it sounds the same.

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Reply 6 - Posted by: Norwegian Goddess, 12/16/2013 3:45:09 PM     (No. 9656372)

So is anybody going to actually do anything about it? Or just talk.

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Reply 7 - Posted by: mitzi, 12/16/2013 3:52:23 PM     (No. 9656379)

#6 - something is being done, sort of.

Leon issued a preliminary injunction barring the NSA from collecting so-called metadata pertaining to the Verizon accounts of Klayman and one of his clients. However, the judge stayed the order to allow for an appeal.

No doubt the government will appeal.


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Reply 8 - Posted by: Charactercounts, 12/16/2013 4:10:42 PM     (No. 9656405)

LIKELY unconstitutional? I thought the Fourth Amendment was pretty clear.

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