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Supreme Court Hears Wiretapping Arguments

October 29, 2012 by  

Supreme Court Hears Wiretapping Arguments

Today, the Supreme Court will consider a matter (Amnesty International v. Clapper) that could take away the National Security Agency’s ability to eavesdrop on Americans’ email and cellular communications without first obtaining a warrant.

Following the events that took place on 9/11, President George W. Bush ordered amendments (FISA Amendment Act) to the Foreign Intelligence Surveillance Act (FISA) — which was originally implemented in 1970 — that allowed the government to monitor the U.S. citizens corresponding with people outside of the country.

Last month, when the U.S. House voted to reauthorize the amendments, civil liberties activists issued harsh criticism of the move.

A legal briefing filed by the American Civil Liberties Union stated: Under the FAA, the government can target anyone — human rights researchers, academics, attorneys, political activists, journalists — simply because they are foreigners outside the United States, and in the course of its surveillance it can collect Americans’ communications with those individuals.

Aside from gripes over the potential 4th Amendment violations, civil liberties activists call the Justice Department’s justification for disallowing challenges to the FISA Amendments bunk. Justice contends that Americans cannot challenge the government’s eavesdropping because they likely do not know whether they have been targeted.

“This law clearly intrudes on constitutionally protected privacy and free speech rights, and the courts have not just the authority but the obligation to intervene,” said ACLU deputy legal director Jameel Jaffer, who will appear before the justices. “The Court of Appeals rightly held that our clients have the right to challenge the law, because the substantial risk that their communications will be monitored under it has compelled them to take costly measures to protect information that is sensitive. We are hopeful that the Supreme Court will agree with the Court of Appeals that the constitutionality of the government’s surveillance powers can and should be tested in court.”

Any time information about those targeted for surveillance under FAA has come up, Federal officials have simply stated that national security prohibits them from releasing the information. Furthermore, the government has tried to block courts from determining the Constitutionality of its actions by using its own refusal to provide information as the bulwark to prevent court hearings.

Bill Binney worked at the NSA from 1965 to 2001, and J. Kirk Wiebe worked at the NSA from 1975 to 2001. Last week, the two penned a whistle-blowing column in POLITICO outlining why the NSA has too much power to spy on U.S. citizens:

The NSA cannot be trusted with this power. No agency should be. Since 2001, the NSA has been willing time and again to throw the Constitution overboard and snoop on innocent Americans who are not suspected of any wrongdoing. Using shockingly fast machines called NARUS devices, the NSA can monitor virtually every single phone call, email and text that passes through the United States. The agency can make a mirror image of all those communications, then funnel those copies to massive data vaults. When it wants to, the NSA can then go through and compile a dossier on each and every one of us. That would be well and good if the agency followed the law and tracked only suspected terrorists. But it does not. Under the warrantless wiretapping program and now the FISA Amendments Act, the NSA conducts blanket, dragnet surveillance of Americans’ international communications, even when there is not even a hint that we’ve done something wrong.

Sam Rolley

Staff writer Sam Rolley began a career in journalism working for a small town newspaper while seeking a B.A. in English. After learning about many of the biases present in most modern newsrooms, Rolley became determined to find a position in journalism that would allow him to combat the unsavory image that the news industry has gained. He is dedicated to seeking the truth and exposing the lies disseminated by the mainstream media at the behest of their corporate masters, special interest groups and information gatekeepers.

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  • http://personallibertydigest tina

    the “Constitution” must be upheld,for it is “Thee Sacred Law of the Land”. All judges in this Country that are not following this Grand Document must be removed and replaced immediately. Including Supreme Court. We have two women sitting on the Supreme Court illegally placed. Judges are very much overcompensated at present. There are so many that have violated their oath of office,along with politicians. They know who they are,and so do we.

    • LARRY

      God has had our wire tapped for about 220 years………..he is about to make a decision about how to ‘HANDLE’ us. prostrate yourselves before the LORD and receive HIS blessings….. There the only ones that count.

      • Benjamin Fox

        Amen friend, if people don’t turn to the Lord, this nation is done, toast and no more.

      • Nadzieja Batki

        Sometimes there is a point of no return and a nation gets judgement.

      • boyscout

        Think He has been tapping the tappers too?

    • http://none Charlie

      Why don’t you read The Constitution to them ,,,maybe these “tappers” need to know what it says,,,but,,,on the other hand it might be a better use of your time to form a “Grand Jury” and from that Grand Jury , issue an indictment against your local phone company for “Treason” against the “Fourth” … Can you get 24 people together to agree on “Any” Law document that have the “Go for IT, gonads” to stand up against the so called “government”??? Well? Meanwhile………
      Praise King Jesus for Salvation and Healing… Acts 2:38 is salvation…

    • Raul

      Very well said,Tina.

  • michael

    Unfortunately, most people in this country are too apathetic and uneducated on this matter to even begin to consider the ramifications of it all. One day soon will will be living in a banana republic where we will ask ourselves what happened to this country while we were not paying attention.

    • rb

      One day?

    • http://none Charlie

      Are you using your education to form a “Grand Jury” ???

  • SSMcDonald

    Is there even ONE person that believes that this Supreme Court will rule against the federal government in favor of the Constitution?

  • roger

    Not a chance of overturning the fed gov’t, as we have seen of late. The CONstitution be damned.

    • http://none Charlie

      What’s the first part of the “Constitution”??? would you believe? it’s The Declaration of the united States of America ? and it calls out “the Laws of Nature and of Nature’s God entitles them,”… Then, read on about 10 more lines and it gives you “The Authority” to alter or abolish any government … BUT,,,a fatalistic ,fearful nitwit can NOT even follow a leader , such a nitwit is more useless than salt than has lost it’s flavor …
      So,,,from the first lines of the first part of “The Constitution” it’s tells you what “””Law”””to use to take this country back, BECAUSE, that’s the very same “””Law”””that was used to establish “America” to begin with!!!

      The Holy Bible of King Jesus Christ, is , the Organic and Original Law Book for America AND,,, King Jesus Christ is,,, still, The Original King of America………..
      SO! , this America can be “Ruled” under a “Grand Jury” of 24 Men that are in Agreement with King Jesus Christ and His Law Book,,,and it will be much easier with about 300 more to help these 24 … BUT!!! at any rate Judgement is NOW falling on America from King Jesus Christ………..
      Praise King Jesus for Salvation and Healing… Acts 2:38 is salvation…

      Charlie Freedom

  • http://google gary gerke

    Orwell was a frigging genius to have seen big brother watching and listening to us!!!!

    • Maynard

      Also Animal Farm which shows how the ignorant will back lies and shout down the opposition to the lying leaders. Look at Yahoo where posters are making a huge deal about Lybia but refuse to look at the massive amounts of evidence, presented at this site and elsewhere that 9/11 was not a mistake.

      • http://google gary gerke

        What does your comment have to do with the government shredding the constitution and enacting illegal laws and regulations with a pretense of national security?????

  • Chester

    SSMcDonald, The supreme court can and has ruled against the government, but it seems that with the creation of this huge security screen, we have created an extra-governmental body which is pretty much immune to most court rulings. It will take an act of congress to defund the organization, and, with the information collection power it has, I am not sure ANY member of congress is going to want it looking at them.

    • http://google gary gerke

      Yes, that is America’s big problem today, nobody is willing to stand up the unconstitutional government laws for fear of the IRS,FBI, NSA and others. They can all go screw themselves, they can’t do squat to you, if you have not broken any laws.

      • Raul

        Not after the “Patriots Act” which was our last warning for Patriots to act,but we didn’t!

      • http://none Charlie

        gary gerke,,,
        Nobody??? many have stood up to the IRS, and other NGO’s have you heard of Gordon kahl ? Montana Freeman ? Randy Weaver and others ??? Where were you when the US Marshals were murdering Randy’s young boy and the next day murdered his Wife ??? Their blood and the blood of others is STILL crying out for “Justice”…
        King Jesus and His Men are right now working on The Order from Him ,at Luke 19:27…. Can you ???
        Praise King Jesus for Salvation and Healing… Acts 2:38 is salvation…

        Charlie Freedom

    • Les

      Yes, it’s called “State Secrets”. President Kennedy spoke out against this happening to our country in the 60s. Everything evil being done to us is hidden behind “State Secrets” cover. I watched this happen too often while working a Disneyland East. People working for the government frequently hide their misdeeds and failures by over classifying them.

      Anything can be hidden by calling it “training”. The question no one asked in the 90s was why they needed to train on US citizens when the mission was foreign intelligence. Now we know the answer.

  • Dennis

    This amendment is for only calls and emails that go to any terrorist country and not to any other and they can not listen or view any in the United States that are not to the listed terrorist nations

    • http://google gary gerke

      You are living in la la land if you believe that!!!!!

    • http://google gary gerke

      You also live in la la land!

    • Alex Frazier

      The “amendment” only provides for that, correct. That’s why they passed the Patriot. It takes care of the rest of the citizens.

  • Godson Paul Nzeh

    We support everything that protects citizens, Security overides law, where and how will you keep the law if through the law you are not protected or secured. It is funny! The law is not more sacred than the life it is meant to preserve, OK?

    • http://google gary gerke

      No, we cannot allow the shredding of the constitution in the name of national security. We cannot allow the DOJ to thumb their noses at the rights of the american people.

    • Les

      Yyou really don’t have a clue do you? So it’s ok to break the law if it provides you some phoney security? Wow you are in serious need of justice American style. So you have no issue with the government killing Americans without a trial or anything other than some phoney intelligence claiming you to be a terrorist. Here’s your bulls-eye, I mean sign….

      • http://google gary gerke

        You nailed it……TRUE STORY!!!!!!!!

      • Maynard

        Benjamin Franklin: :He who prefers security over freedom derves neither.

      • Les

        To Maynard: And gets neither….

        Bush stated “you are either with us or with the terrrorists”. This is a very telling remark from him and the government. If you object to the treatment you are getting from the Federal Government, you are a terrorist threat. I wonder when they will start arming the drones flying over the US.

        • http://google gary gerke

          What makes you believe they won’t be? They are preparing for civil unrest, the fragile economy in the US is getting ready to burst!

  • RichE

    Why are we letting this happen? Why aren’t we doing something about it? We’ll know the answer in the moment after we stop bickering and start building roads between our souls.

    • http://none Charlie

      The answers to the questions you ask are in The Bible… Been reading it?
      Can you say………..
      Praise King Jesus for Salvation and Healing… Acts 2:38 is salvation…

      Charlie Freedom

  • Beverly

    My son and his family lived in other countries for several years as he worked with computer technology. He is now located in the U. S. I have had someone listening to my phone calls for several years now. I can hear various sounds or tones when they start listening, and I even had the phone company change my line once. This did not help. I do not spend much time on the phone, but it seems every call is monitored and this is irritating. There is absolutely no reason to listen to any of my phone calls. Others have heard these sounds at times too, I hope they enjoy hearing about the Bible and church and health issues. Maybe they will learn something!


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