N.Y. judge rules NSA phone surveillance legal
By Associated Press | Politico
U.S. District Judge William Pauley said in a written opinion that the program lets the government connect fragmented and fleeting communications and "represents the government’s counter-punch" to the al-Qaida’s terror network’s use of technology to operate decentralized and plot international terrorist attacks remotely.
"This blunt tool only works because it collects everything," Pauley said. "The collection is broad, but the scope of counterterrorism investigations is unprecedented."
Pauley’s decision contrasts with a ruling earlier this month by U.S. District Court Judge Richard Leon, who granted a preliminary injunction against the collecting of phone records of two men who had challenged the program. The Washington, D.C. jurist said the program likely violates the U.S. Constitution’s ban on unreasonable search. The judge has since stayed the effect of his ruling, pending a government appeal.
Pauley said the mass collection of phone data "significantly increases the NSA’s capability to detect the faintest patterns left behind by individuals affiliated with foreign terrorist organizations. Armed with all the metadata, NSA can draw connections it might otherwise never be able to find."
He added: "As the Sept. 11 attacks demonstrate, the cost of missing such a threat can be horrific."
Pauley said the attacks "revealed, in the starkest terms, just how dangerous and interconnected the world is. While Americans depended on technology for the conveniences of modernity, al-Qaida plotted in a seventh-century milieu to use that technology against us. It was a bold jujitsu. And it succeeded because conventional intelligence gathering could not detect diffuse filaments connecting al-Qaida."
The judge said the NSA intercepted seven calls made by one of the Sept. 11 hijackers in San Diego prior to the attacks, but mistakenly concluded that he was overseas because it lacked the kind of information it can now collect.
Still, Pauley said such a program, if unchecked, "imperils the civil liberties of every citizen" and he noted the lively debate about the subject across the nation, in Congress and at the White House
"The question for this court is whether the government’s bulk telephony metadata program is lawful. This court finds it is. But the question of whether that program should be conducted is for the other two coordinate branches of government to decide," he said.
A week ago, President Barack Obama said there may be ways of changing the program so that is has sufficient oversight and transparency.
In ruling, Pauley cited the emergency of the program after 20 hijackers took over four planes in the 2001 attacks, flying two into the twin towers of the World Trade Center, one into the Pentagon and a fourth into a Pennsylvania field as passengers tried to take back the aircraft.
"The government learned from its mistake and adapted to confront a new enemy: a terror network capable of orchestrating attacks across the world. It launched a number of counter-measures, including a bulk telephony metadata collection program — a wide net that could find and isolate gossamer contacts among suspected terrorists in an ocean of seemingly disconnected data," he said.
Pauley dismissed a lawsuit brought by the American Civil Liberties Union, which promised to appeal to the 2nd U.S. Circuit Court of Appeals in Manhattan.
"We’re obviously very disappointed," said Brett Max Kaufman, an attorney with the ACLU’s National Security Project. "This mass call tracking program constitutes a serious threat to Americans’ privacy and we think Judge Pauley is wrong in concluding otherwise."
Read full article at politico.com
Judge: NSA spying ‘almost Orwellian,’ likely unconstitutional
White House: NSA Surveillance Transparency Would Be Too Much Work
Latest News from our Front Page
Netanyahu ‘spat in our face,’ White House officials said to say
The White House’s outrage over Prime Minister Benjamin Netanyahu’s plan to speak before Congress in March — a move he failed to coordinate with the administration — began to seep through the diplomatic cracks on Friday, with officials telling Haaretz the Israeli leader had “spat” in President Barack Obama’s face.
“We thought we’ve seen everything,” the newspaper quoted an unnamed senior ...
The Return of the Protected Jewish Minority in Europe
Contrary to the standard narratives of Jewish ‘history,’ a prominent feature of the historical presence of Jews in Europe has been their protected status. The common context for this status was a symbiotic relationship between the Jewish minority and exploitative or tyrannical elites. As agents of the feared elite, as foreigners, as exploiters in their own right, and with interests ...
Truth Revealed: McCain’s ‘Moderate Rebels’ in Syria ARE ISIS
Poor John McCain and Lindsey Graham, Washington’s real first couple. They only want to arm the ‘moderate opposition’ in Syria. Three years on, how come their master plan isn’t working, while ISIS has grown so strong?
Despite what media lauded as, “the largest demonstration in France’s history – bigger than liberation at the end of WWII!” (can you rightly compare the ...
European 'No-Go' Zones: Fact or Fiction?
Comment: This is an interesting article about Muslim no-go Zones in Europe. However, keep in mind that the focus in this piece is not addressing the root of the problem, but a symptom of the problem. Yes, there is an issue with large Islamic colonies in Europe today, but the article mentions nothing about who has changed the immigration laws ...
A Radical Traditionalist Critique of the Anti-Islam Movement
The terrorist attack against the staff at the magazine Charlie Hebdo in Paris shook an entire continent. In a European climate in which protests against the perceived Islamization of our civilizational sphere becomes ever more widespread, showing in increased electoral success for moderate nationalist parties, as well as in expressions of mass public dissent, the recent resurgence of violent Islamic ...
|More News » |