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Rand Paul’s Frivolous NSA Lawsuit
National Review Online, by Andrew C. McCarthy

Original Article

Posted By:Pluperfect, 2/15/2014 5:39:01 AM

In what looks more like a publicity stunt than a serious legal challenge, Senator Rand Paul has filed a class-action lawsuit against President Obama and other top executive-branch officials, claiming that the National Security Agency’s metadata-collection program violates the Fourth Amendment. The suit is no surprise. I’ve previously noted that, despite his “constitutional conservative” branding, Senator Paul can sound just like a “living Constitution” progressive when it suits him: He finds the data collection offensive, so ipso facto it must be not only unwise policy but a violation of fundamental law. I am surprised, though, to find former Virginia attorney general


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Reply 1 - Posted by: Not your typical New Yorker, 2/15/2014 6:26:33 AM     (No. 9733281)

At least he´s doing something Mr. McCarthy not just blathering from a National Review perch.

What are you doing Andy?

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Reply 2 - Posted by: planetgeo, 2/15/2014 6:45:36 AM     (No. 9733290)

While I don´t always agree with Rand Paul, I greatly admire the fact he is at least trying to take some action to stop the runaway illegal actions of Obama. He and Ted Cruz appear to be the only members of Congress with the guts to do so.

I am completely out of patience with word-parsing, hair-splitting, "don´t just do something, stand there" types like McCarthy. We need action now. Open defiance. Lawsuits. Civil disobedience. All of it.

This assault on our constitution and our whole way of life must be stopped.

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Reply 3 - Posted by: kanphil, 2/15/2014 7:17:51 AM     (No. 9733308)

Very disappointing. McCarthy is turning out to be just another all talk, no action Republican. Frivolous or not, anything that puts pressure on Dumbo is a good thing.

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Reply 4 - Posted by: right-turn, 2/15/2014 7:17:57 AM     (No. 9733309)

So what can be more personal than your personal data????

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Reply 5 - Posted by: TulsaTowner, 2/15/2014 7:31:52 AM     (No. 9733319)

I don´t even know what to say about this air-head.

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Reply 6 - Posted by: grace1798, 2/15/2014 7:35:02 AM     (No. 9733323)

Don´t sell Rand Paul short on this.........because at the very least, his actions will keep this info in the news day and night...every day...for as long as it takes.......keeping people AWARE and possibly awaken them to what´s going on...bringing the things HIDDEN (And there´s a ton of that) out into the LIGHT. It´s good to expose the wicked as God commanded us to do. IF they have nothing to HIDE then they should NOT be getting so upset.

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Reply 7 - Posted by: EnsignOToole, 2/15/2014 8:06:21 AM     (No. 9733360)

I think Rand Paul and Ken Cuccinelli are trying to draw attention to the fact that Obama and his cohorts are committing unconstitutional acts against Americans.

For all the doubting Thomases like Andy McCarthy (whom I admire greatly) my question is: will McCarthy still be "doubting" when Obama orders his partisans to be quartered in the homes of ordinary citizens - as was prescribed by the 1765 Quartering Act? George Washington, Ben Franklin, Sam Adams, and the boys thought they took care of that problem; yet, what the NSA is doing is not much different than the British troops being present in the homes of the colonists in pre-Revolutionary War days. The technology is the only difference.

I would bet that Rand and Ken are trying to demonstrate that America has a "dire" problem. My question for McCarthy is: if we don´t take action now against odious actions that are helping to shred the Constitution, when will we take action?

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Reply 8 - Posted by: SaguaroJack, 2/15/2014 8:20:03 AM     (No. 9733378)

Andrew McCarthy, you´re letting us down. Are you becoming just another Washingtonian chatterer? We need action in just about any form against this lawless administration, and there you stand belittling a man in the arena doing that.

Krauthammer´s wrong with his "it´s just differences over strategy." This is tactical, not strategic. The strategy is to oppose in any effective way possible.

Get with the program, dude.

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Reply 9 - Posted by: chumley, 2/15/2014 8:35:20 AM     (No. 9733398)

FTA: "Let’s get something straight from the start: It is true that the NSA’s program may be illegal. But that has nothing to do with the Constitution."
Where did they find this dunce? It has EVERYTHING to do with the constitution. It has to do with sucking up the entire nation´s private communications without a warrant. It has to do with hiding behind the Patriot Act to commit criminal offenses literally millions of times a day, knowing there will be no prosecutions from the Communists in charge.
They keep bringing up the line that it is just metadata and the contents of the communications are not absorbed. Why do we know this? Because they said so. I dont believe them. They haven´t told the truth yet. I believe them to be incapable of the truth.

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Reply 10 - Posted by: OhMy, 2/15/2014 8:46:59 AM     (No. 9733416)

I usually agree with Andrew McCarthy but this time I would say that the fourth amendment should be extended to digital communications. If the founders had known about modern internet they would have included privacy for the signals. They were opposed to the general warrent an argument Mark Levin makes. O the ironies the leftist calls for modernizing interpretation apply here. Mark Levins argument is consistent with the notion of originalism .

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Reply 11 - Posted by: tank, 2/15/2014 8:50:50 AM     (No. 9733423)

This ´´dunce,´´ this ´´airhead,´´ is a former Federal prosecutor who put the lind Sheik away. His opinion carries weight and needs to be paid attention to. His analysis is likely correct - it´s not the first analysis of this sort I´ve seen from the right. Just because he doesn´t blindly throw in with everything doesn´t mean he´s an enemy of the state. A little perspective is in order here.

Having said that, I think Rand Paul and Cucinelli are aware of this. I think this lawsuit is more politics than law. Paul is trying to highlight the unconstitutionality of the Administration, and a very public suit like this, with a couple million signing on, will be noticed. It´s not a bad thing he´s doing.

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Reply 12 - Posted by: Janjan, 2/15/2014 8:56:19 AM     (No. 9733431)

Better to be frivolous than neutered.

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Reply 13 - Posted by: stablemoney, 2/15/2014 9:17:17 AM     (No. 9733462)

I am tired of smug lawyer types such as Andrew Puffed Chest McCarthy pretending they alone can tell us what is in the constitution, akin to the clerics, who alone could speak to God before the reformation. Hey government, get your behind out of our business -- that is the constitution - 4th Amendment.

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Reply 14 - Posted by: littleorby, 2/15/2014 9:19:20 AM     (No. 9733466)

I concede that Rand Paul is a bit cooky; But, so was Einstein, and I´ve move past debates over extraneous threads of a whole cloth. I did enough of that over beer and sausages with friends when I was a young man.

But it enough to say Mr. McCarthys´ supportive example to bolster his opinion is flawed (see paragraph 11, starting on Line 4 of his paper). It´s true that if I take notes of a conversation of yours which I´ve overheard, legally or illegally, the notes are indeed MY private property, but if I ´intercept´ your voice, for example, on my own tape recorder, legally, under the patriot act or any other law, the copy of your words, and voice are NOT my private property. Your VOICED WORDS remain your ´effects´ as covered by the 4th. amendment.

"Yes Miss, beers all around, but no more sausage for me. I´ll nibble on peanuts, instead."

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Reply 15 - Posted by: nonsense, 2/15/2014 9:52:38 AM     (No. 9733509)

Andrew McCarthy seems to be sliding further and further away from the voice of the people and appears to be mesmerized by the cocktail party circuit chit chat in Boomtown.

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Reply 16 - Posted by: ColoWapiti, 2/15/2014 9:56:30 AM     (No. 9733515)

Just another article designed to smear those who oppose the GOP establishment. No surprise it was posted.

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Reply 17 - Posted by: toddh, 2/15/2014 10:30:45 AM     (No. 9733596)

The 4th and 5th were destroyed so we could have a Progressive income tax. Their corpses were buried by the Drug War. Imbeciles in black robes let monstrosities like Smith v. Maryland stand as settled law, making sure the ghosts of the 4th and 5th were banished to outer darkness.

Given these precedents, everything the NSA has done is legal and Constitutional, even penny-ante.

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Reply 18 - Posted by: Pluperfect, 2/15/2014 10:51:15 AM     (No. 9733631)

I like Andrew McCarthy and I enjoy reading his take on various subjects. No one is required to agree with him or any other pundit. All L-Dotters don´t fit into the same narrow opinion slot. That´s what makes the forum interesting.

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Reply 19 - Posted by: RancherJack, 2/15/2014 10:57:27 AM     (No. 9733642)

Next up from Andrew C. McCarthy ... "If you don´t like living here, move somewhere else"

What a moran .. NRO is officially a Progressive rag at this point ..

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Reply 20 - Posted by: Lucky4, 2/15/2014 10:57:45 AM     (No. 9733643)

Frivolous? I hardly think so.

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Reply 21 - Posted by: TulsaTowner, 2/15/2014 11:25:41 AM     (No. 9733679)

Sorry - McCarthy = airhead.

I guess it wasn´t obvious.

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Reply 22 - Posted by: jglas, 2/15/2014 11:37:29 AM     (No. 9733694)

Shouldn´t the court decide whether or not it is frivolous?

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Reply 23 - Posted by: belwhatter, 2/15/2014 1:47:35 PM     (No. 9733870)

Mr. McCarthy there is nothing frivolous about the gross intrusions on the 4th amendment prosecuted by this government . I applaud Rand Paul and Ken Cuccinelli for filing this suit and I hope and pray the men in black won´t tell us it lacks standing - it is beyond time to take this administration to task for it´s abuse of the Constitution.

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Reply 24 - Posted by: lostinmassachusetts, 2/15/2014 2:40:24 PM     (No. 9733920)

OP, there is nothing "frivolous" about a senator´s efforts to protect the constitutional freedoms of his constituents, as required by his oath of office. The scandal is that more senators do not join him.

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