Beware the NSA’s Ongoing Witch Hunt
By Andrew Napolitano | Reason
While the nation’s political class has been fixated on a potential government shutdown in Washington this week, the NSA has continued to spy on all Americans and by its ambiguity and shrewd silence seems to be acknowledging slowly that the scope of its spying is truly breathtaking.
The Obama administration is of the view that the NSA can spy on anyone anywhere. The president believes that federal statutes enable the secret FISA court to authorize the NSA to capture any information it desires about any persons without identifying the persons and without a showing of probable cause of criminal behavior on the part of the persons to be spied upon. This is the same mindset that the British government had with respect to the colonists. It, too, believed that British law permitted a judge in secret in Britain to issue general warrants to be executed in the colonies at the whim of British agents.
General warrants do not state the name of the place to be searched or the person or thing to be seized, and they do not have the necessity of individualized probable cause as their linchpin. They simply authorize the bearer to search wherever he wishes for whatever he wants. General warrants were universally condemned by colonial leaders across the ideological spectrum -- from those as radical as Sam Adams to those as establishment as George Washington, and from those as individualistic as Thomas Jefferson to those as big-government as Alexander Hamilton. We know from the literature of the times that the whole purpose of the Fourth Amendment -- with its requirements of individualized probable cause and specifically identifying the target -- is to prohibit general warrants.
And yet, the FISA court has been issuing general warrants and the NSA executing them since at least 2004.
Last week we learned in a curious colloquy between members of the Senate Select Intelligence Committee and Gen. Keith Alexander and Deputy Attorney General James Cole that it is more likely than not that the FISA court has permitted the NSA to seize not only telephone, Internet and texting records, but also utility bills, credit card bills, banking records, social media records and digital images of mail, and that there is no upper limit on the number of Americans’ records seized or the nature of those records.
The judges of the FISA court are sworn to secrecy. They can’t even possess the records of what they have done. There is no case or controversy before them. There is no one before them to oppose what the NSA seeks. They don’t listen to challenged testimony. All of this violates the Constitution because it requires a real case or controversy before the jurisdiction of federal courts may be invoked. So when a FISA court judge issues an opinion declaring that NSA agents may spy to their hearts’ content, such an opinion is meaningless because it did not emanate out of a case or controversy. It is merely self-serving rhetoric, unchallenged and untested by the adversarial process. Think about it: Without an adversary, who will challenge the NSA when it exceeds the "permission" given by the FISA court or when it spies in defiance of "permission" denied? Who will know?
Read the full article at: reason.com
Canadian Internet Users Can (Should) Avoid NSA Spying
Government ‘Shut Down’ Doesn’t Prevent Opening of $2 Billion NSA Spy Center
Target or Not, the NSA is Storing the Metadata of Millions
iPhone 5 NSA (JoyCamp)
Americans need more protection from NSA surveillance: committee chairman
The NSA Is Also Grabbing Millions Of Credit Card Records
Yahoo , Facebook CEOs: We faced jail if we revealed NSA surveillance secrets
Leak of Nations: Secret NSA docs show wiretapping of UN
Latest News from our Front Page
The Pilgrims Were Definitely Not Like Modern-Day Refugees
This upcoming Thanksgiving Day is sure to offer you and your family plenty of opportunities to argue over whether America should be welcoming Syrian refugees.
If you have any liberal relatives or friends coming over for your Thursday feast, theyâ€™re going to relish the chance to tell everyone that the Pilgrims were refugees too â€” and hope that statement decimates all ...
ISIS to France: "We will be coming. Victory has been promised to us by Allah"
Homegrown French ISIS fighters have issued a chilling threat of new attacks on France just 24 hours after the terrorist group used movie footage of the Eiffel Tower's collapse in another video.
A balaclava-clad militant is seen warning 'we will be coming, we will come to crush your country' in footage posted on Twitter earlier today.
It is unclear where the film ...
ISIS teenage 'poster girl' Samra Kesinovic 'beaten to death' as she tried to flee the group
She appeared in social media images for the group carrying a Kalashnikov and surrounded by armed men
A teenage girl who ran away from her Vienna home to join Isis in Syria has reportedly been beaten to death by the group after trying to escape.
Samra Kesinovic, 17, travelled to Syria last year with her friend Sabina Selimovic, 15.
The two became a ...
The Right Stuff's flagship podcast "The Daily Shoah" has been censored by Soundcloud
Editor's note: The PC corporate moral police strike again. Just as Radio 3Fourteen & Red Ice Radio were censored from iTunes, The Daily Shoah was pulled from Soundcloud today. As per usual, there is a double standard, they allow any kind of anti-White material:
No counter culture humor making fun of the genocidal mainstream garbage is allowed!
Soundcloud took it upon ...
Merkel Welcomes A Million More: Vows To Stand By Refugee Policy Despite Security Fears
Chancellor Angela Merkel vowed on Wednesday to stick to her open-door refugee policy, defying criticism at home and abroad which has intensified due to growing fears about a potential security risk after the Islamist attacks in Paris.
Conservative Merkel faces splits in her right-left coalition and pressure from EU states, including France, over her insistence that Germany can cope with up ...
|More News » |