Judge rules NSA spying unconstitutional.... Yahoo news article.

[spiritguide]

More good main stream media news that is coming through the cracks. The article is printed here in full from Yahoo news.


Judge: NSA spying ‘almost Orwellian,’ likely unconstitutional

By Olivier Knox, Yahoo News
White House Correspondent

By Olivier Knox, Yahoo News | Yahoo News – 1 hr 7 mins ago......

In a stinging rebuke to President Barack Obama’s surveillance policies, a federal judge on Monday branded the National Security Agency’s mass collection of Americans’ telephone data “almost Orwellian” and likely a violation of the Constitution.

Appeals Court Judge Richard Leon invoked Founding Father James Madison and the Beatles in a frequently scathing ruling. Leon, appointed by then-President George W. Bush, ordered the government to halt bulk collection of so-called telephony metadata and destroy information already collected through that program. But he suspended his order as the case works its way through the courts.

“I cannot imagine a more ‘indiscriminate’ and ‘abitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying and analyzing it without prior judicial approval,” Leon wrote.

The judge also dealt a blow to the government’s argument that such surveillance programs — a source of controversy ever since former NSA contractor Edward Snowden revealed their reach in a series of unauthorized disclosures — are necessary to thwarting terrorist plots.

“The Government does not cite a single instance in which analysis of the NSA’s bulk metadata collection actually stopped an imminent attack, or otherwise aided the Government in achieving any objective that was time-sensitive in nature,” he wrote.

Leon said Founding Father James Madison would likely be “aghast” at the NSA’s activities — but also conjured up a Beatles-themed image to rebut the government’s suggestion that it does not collect Verizon metadata.

“To draw an analogy, if the NSA’s program operates the way the Government suggests it does, then omitting Verizon Wireless, AT&T, and Sprint from the collection would be like omitting John, Paul, and George from a historical analysis of the Beatles. A Ringo-only database doesn’t make any sense, and I cannot believe the Government would create, maintain, and so ardently defend such a system,” he wrote in footnote 36 on page 38.

Among Leon’s other flourishes, he warned that the so-called war on terrorism “realistically could be forever!” He expressed concerns about the “almost Orwellian technology that enables the Government to store and analyze the phone metadata of every telephone user in the United States.” And he said modern-day surveillance tactics would have been “the stuff of science fiction” at the time a precedent ruling was issued.

The White House had no immediate response to the ruling.

Let us now see what happens to this push back.

Peace!

[ghostrider]

:bolt:We don't need a Judge to say squat about the NSA walking on the fourth amendment , it speaks for itself , it is the law of the land or it isn't ... don't mean to sound harsh but , this is a HOT topic for me ... listening and spying on the public like we are criminals makes me furious ... while KNOWN , corrupt leaders crush the public daily , they know where the car thief rings operate, they know who smuggles drugs into the US , spying on the public does nothing to fight crime ...I gotta just drop this ...

[GreenGuy]

Maybe the beginning of the end for the current tyranny, or maybe a death warrant for Judge Leon.

[Carmody]

Around 1995 or so I was told, in passing, that all major telecommunications had backdoors written into their IC hardware at the design level, as well as the software being done that way.

This was internal to the companies, and was done as 'a matter of course' in the design stages.

Thus, the telecommunications companies could be and probably are bullied into giving the major players access to said hardware access points.

The more complex the IC (integrated Circuit) the more easily the simple hardware backdoors are to hide in the building of said IC. same for the software.

As a matter of fact, I do not know of one single maker of complex code that does not build a backdoor into their software designs. They do it for themselves, per normal design.

Since 1995, the complexity of IC design has accelerated tremendously. Same for the software.

Thus, the NSA and other global agencies being locked out by courts isn't going to slow down their access by much, if at all.

This came from someone who would be privy to such information (the telecommunications IC hardware level stuff). More than that I will not say.

Again, for the software, it's just 'normal practice'. A day at work, making code.

[cursichella1]

:bolt:We don't need a Judge to say squat about the NSA walking on the fourth amendment , it speaks for itself , it is the law of the land or it isn't ... don't mean to sound harsh but , this is a HOT topic for me ... listening and spying on the public like we are criminals makes me furious ... while KNOWN , corrupt leaders crush the public daily , they know where the car thief rings operate, they know who smuggles drugs into the US , spying on the public does nothing to fight crime ...I gotta just drop this ...

Well, ya, we do. Obama and the DoJ have their own interpretation of language when it comes to the Constitution and Executive powers. The fact that Obama is a Constitutional Law scholar makes this all the more interesting. Congress won't say it...thank God there are still a few judges (well, at least one) out there that will. And a Bush appointee, no less! Who'd have thought...?

In any event, I wouldn't' t be surprised if they were just throwing us another bone here. Considering the Patriot Act and the perpetually renewable Federal National Emergency, constitutionality may be a moot point. The Patriot Act has allowed for the COG plan to remain in play unimpeded. Until COG is rescinded and The Patriot Act tossed, the fact that much going on is unconstitutional is irrelevant. Whoever is "Acting President" can do whatever he wants, regardless that guy being Obama, some shadow player under Mt. Weather or the real Puppeteer.

I share your frustration!

[Carmody]

perpetually renewable Federal National Emergency

This bears repeating.

IIRC, Jimmy Carter started it and the rest keep it going, mostly renewing it on the last day, or letting it go for 'one day' renewing it the next, as it is not indefinitely renewable, by law.

this is how they are running a legally permissible dictatorial regime past the US population and the world.

This is how they are doing what they want with no constitutional or congressional oversight.

They are legally in a state of war, and under the law of secrets and dictatorial powers, they do not have to tell anyone, they are beholden to no one.

Absolutely no rules and the Whitehouse does exactly as it pleases, including any and all secret programs they may desire. spending whatever money they may desire, including programs to make money, like illegal drug running and so on. All legal. dictatorial powers. state of emergency, remember?

Any bowing of the presidents office to public or congressional demands, is simply to make sure that the public and the rest of the public across the world is NOT aware that the presidential offices of the united states is LITERALLY a rouge office that is totally out control and on it's own, literally doing what they want with literally no legal controls on it.

They can, for example, continue the scam under the threat of 'false flags'. False flags being used, in the final analysis, as justification of their dictatorial powers. the excuse they will use if they are caught.

They can run trillion dollar plus secret programs, without a single bit of congressional oversight, of any kind, within the country of the USA.

it's war right? they have dictatorial powers, right? they can create and carry out any secret program they want. right? they can imprison, kill, start wars, torture, steal, change ANYTHING with no oversight or controls and are beholden to no one, right?

Did most Americans know that this is going on? That they can continue the 'state of emergency' ,and not tell you this? This is implicit in the rules and regs of the state of emergency. they don't legally need to tell you. They are legally capable of looking you in the face and say no, no state of emergency, if they should so chose to.

You can find out about it though. And, understand that they can legally deny it, as it is dictatorial total control powers over the entire us continent, OK?

So, where is this mess coming from?

Exactly that situation. The secret continuance of the 'state of emergency', in the USA, by the offices of the president.

That is why the offices of the president are so highly sought after by these groups. No one would tell you, even the opposing side, as if they do, the game is up.

So, is this whole recent ruling about constitutionality and spying, going to stop the NSA?

NO.

as it is a federal office under the control of the offices of the President of the USA, and he has put the country in a 'state of emergency' and he is keeping that information secret as he is entitled to via that legal situation itself..and he can use the federal offices to do as he pleases.

This is the exact reason for the increase in the number of federal offices and their continual tightening of those offices into one big federal group.

Anything that involves the offices of the president is under his direct control and the offices of the president of the USA is a fully secretive dictatorial rouge state that is out of control. (all legally, of course)

THIS IS NOT A JOKE

This is what is going on right now.

Remember, they are not breaking any laws. All legal....(not really, they have poured an entire secret government and giant machine through a loophole they are leveraging)

~~~~~~~~~~~~~~~~~~

the ONLY trace of it being in existence is one thing and one thing only

A single piece of paper that is in the congressional record, when the 'state of emergency' ends and is renewed. That is the legal requirement.

This is probably the most important and damning bit of information that one can know, when trying to understand just what the hell is going on.

So, not constitutional?

Does not matter.

The country is in a 'state of emergency' and the President has legally assumed dictatorial powers. The US constitution is legally suspended, and they are under no obligation to tell you that, and they can legally go after anyone who does inform you. Including killing, threatening, etc. All legal.

[Lifebringer]

I've been a linking to the New York Posts article on twitter so the other nations around the world will push for all the losses occurred by their blatant pillaging of our government and marketing laws to protect the public from direct theft of assets accrued. National public lands sold with the ill-gotten gains bribing the governors or politicians for the sales after pushing people out of their homes through "same people" banker scam mortgage swapping of public mortgage and educational loans of Fannie and Freddie in 2005, when the long term 30 year guard over the public trust of Fannie and Freddie was forced into retirement with trumped up(like acorn) charges. The administration appointed a guy from Wall Street mortgage financial institutions by the name of "Roger Mudd." Google the name, go to Fannie Freddie hearings in 2004 c-span(I watched them all when they happened) and you will see the "WS cockroach admit he swapped half of the good 30 year mortgage assets of Freddie as well as subjected students to the pillaging of their loan payments, to the mercy of Wall St."

Absolutely and breath takingly refreshing to see them finally about to do "The American Justice Penguin Slide." Better than the Harlem shake or Gangham style.
LOL:cool:

[Lifebringer]

Wasn't the state of emergency ended when all the top AQ people were rounded up? I mean I would have taken all the color codes and shoved them in the NSA's face after Osama was killed. Then after that, it's just regular prevention of another, and since Bush incompetents are not in there flashing color signals and reverberating 911 every 3 minutes to pump fear and get people to agree with them unchallenged.
Corporate controlled spying for profit and monitoring every breath you take or step you take. If you call for a prescription, they know the number on the bottle of pills and what illness you are effected with. If left unchecked they can and will start the chip if they get in power and put it in the vaccine forced in NY. Bloomberg is NUTS.
Any rich guy that can buy the mayor or governor's seat in New York, has many rea$on$ for doing so, and I'd check Bloomberg's stock on vaccines, if I were a New York citizen. Maybe this is also one of the multiple reasons Hillary Clinton mentioned they want to run this country like a plantation. (Her words) because they can herd the cattle to the vaccines with a mandatory order?
I don't like all this access to my very cells in my body/health of vehicle. They have all types of anti-biotics in soaps and meat so our immune systems are being compromised as well as our family. It's really time to stop the monsters incorporate from busting in on our lives and soon our children's if we don't fight back this monstrous legislative sell out on privacy.
I do it for them and its the reason I shout it on twitter and red alert when necessary on other civilian voter sites of both sides of the isle. WE are all American Families/Citizens First, whether they choose in their delusion to acknowledge it or not. You can tell they are out of touch, and that will be their snooty downfall.

The way I see it, we've been the bully so long, they've run out of really competitive people to go after, so that rogue alphabet wants to start one at home. I seriously doubt our President wants a war on American soil for his daughter's future in America, but those who care not for a nation, will run roughshod. I listen to each word and when he says:"My administration won't do this, he's telling the truth, but the Papa Bush scullnbones want to make money off wars/bloodshed volunteered for the sacrifice of this country and it's hidden government ritual wars. I know they have blackmailed quite a few representatives, and it's used to keep others in line or the exposure and their cinchy jobs and benefits as well as prison time will come to the front. Until we make sure the reps are clean upstanding citizens of the people, you will always have the hidden hand, throwing monkey wrenches in the machine gears of America and any other nation. They are sick with greed, and wanted it all.

Really delusional to think our vote or opinion doesn't count. WE will lock them up, our generation demands not to hand over our hard earned to crooks. Those who don't do heroine or cocaine, won't support banks that support hard drugs that destroy families. They are covering the oxycontin, heroine, cocaine, crack, meth, and all other lethal chemicals that destroy any moral fiber in a soul because of the constant want oblivion away from this corrupt world that doesn't or didn't work for them or their families for centuries. A few escape poverty or lack of education, sacrifice to pay the massive loans with interest offered to them, and when they retire, there's barely anything to contribute to it, so they rely on their social security promise.

Time to end the confused maze of greed and snooping of the few, and nothing for any dream of privacy, for the majority, in the world.

Fake dream, false hope.

[cursichella1]

perpetually renewable Federal National Emergency

This bears repeating.

IIRC, Jimmy Carter started it and the rest keep it going, mostly renewing it on the last day, or letting it go for 'one day' renewing it the next, as it is not indefinitely renewable, by law.

this is how they are running a legally permissible dictatorial regime past the US population and the world.

This is how they are doing what they want with no constitutional or congressional oversight.

They are legally in a state of war, and under the law of secrets and dictatorial powers, they do not have to tell anyone, they are beholden to no one.

Absolutely no rules and the Whitehouse does exactly as it pleases, including any and all secret programs they may desire. spending whatever money they may desire, including programs to make money, like illegal drug running and so on. All legal. dictatorial powers. state of emergency, remember?

Any bowing of the presidents office to public or congressional demands, is simply to make sure that the public and the rest of the public across the world is NOT aware that the presidential offices of the united states is LITERALLY a rouge office that is totally out control and on it's own, literally doing what they want with literally no legal controls on it.

They can, for example, continue the scam under the threat of 'false flags'. False flags being used, in the final analysis, as justification of their dictatorial powers. the excuse they will use if they are caught.

They can run trillion dollar plus secret programs, without a single bit of congressional oversight, of any kind, within the country of the USA.

it's war right? they have dictatorial powers, right? they can create and carry out any secret program they want. right? they can imprison, kill, start wars, torture, steal, change ANYTHING with no oversight or controls and are beholden to no one, right?

Did most Americans know that this is going on? That they can continue the 'state of emergency' ,and not tell you this? This is implicit in the rules and regs of the state of emergency. they don't legally need to tell you. They are legally capable of looking you in the face and say no, no state of emergency, if they should so chose to.

You can find out about it though. And, understand that they can legally deny it, as it is dictatorial total control powers over the entire us continent, OK?

So, where is this mess coming from?

Exactly that situation. The secret continuance of the 'state of emergency', in the USA, by the offices of the president.

That is why the offices of the president are so highly sought after by these groups. No one would tell you, even the opposing side, as if they do, the game is up.

So, is this whole recent ruling about constitutionality and spying, going to stop the NSA?

NO.

as it is a federal office under the control of the offices of the President of the USA, and he has put the country in a 'state of emergency' and he is keeping that information secret as he is entitled to via that legal situation itself..and he can use the federal offices to do as he pleases.

This is the exact reason for the increase in the number of federal offices and their continual tightening of those offices into one big federal group.

Anything that involves the offices of the president is under his direct control and the offices of the president of the USA is a fully secretive dictatorial rouge state that is out of control. (all legally, of course)

THIS IS NOT A JOKE

This is what is going on right now.

Remember, they are not breaking any laws. All legal....(not really, they have poured an entire secret government and giant machine through a loophole they are leveraging)

~~~~~~~~~~~~~~~~~~

the ONLY trace of it being in existence is one thing and one thing only

A single piece of paper that is in the congressional record, when the 'state of emergency' ends and is renewed. That is the legal requirement.

This is probably the most important and damning bit of information that one can know, when trying to understand just what the hell is going on.

Thanks for running with this and elaborating, Carmody. I know better but'd practically reduced its importance to an afterthought after sounding to myself like a broken record. This is a taboo subject and very few in the alt press are willing to expose the manipulation and implications, as this is the source (and Achilles Heel...) of everything evil in our government. It is critical info that needs outing...most folks can't believe our leaders are capable of such calculated abuse of power, choosing instead to follow the Right/Left "issues" that distract and divide us.

For anyone who would like to learn more about the COG plan, Patriot Act and various other Executive Orders hiding behind the Democracy facade and fabricated "War On Terror":

http://www.globalresearch.ca/the-911-plan-cheney-rumsfeld-and-the-continuity-of-government

Great article and lots of jewels in the footnotes.

[Carmody]

if you have a contractor/whatever..in camo gear... running through the backwoods of sandy hook, then this suddenly makes sense.

A fake created reason, casus belli (http://en.wikipedia.org/wiki/Casus_belli), for the state of emergency, and then the ability to legally keep running that state of emergency through and legally keep running all those programs, open and secret, with no oversight or controls.

You are then faced with trying to prove a link.

Why, we're innocent, we don't know anything! Trillions in programs and public awareness of it all, is at stake, here.

Like George Bush JR told you a while back, "it's just a goddamned piece of paper". And right now, it's completely circumvented meaningless one. Like he said.

Thus the renewals of the state of emergency, those don't have to be on the record. It's secret, right?

Two pieces of paper do need to be on the record. The ending of the old state of emergency, and the starting of the new one.

And that is the world of contracts and legalities for you, look what is being done with it. One exploitable loophole was found (and if enough people agreed to go forward with it)...and look what is being poured through it.

[Selene]

Yanno, friends, at some point in this Circus Of The Absurd I have to ask the musical question: What the hell should blandly saying “It’s all perfectly legal...” have to do with anything? This is clearly madness, and “legality” cannot – and should not - be sufficient to defend it.

Why should ‘secret’ decisions by ‘secret’ courts - which you as a citizen can neither read nor query nor appeal - have any more force in true law than those of the legendary Star Chamber of Venice, nor of the Inquisition itself? Everything Stalin or Hitler or Pol Pot did was “perfectly legal,” too. I mean: WTF? Does ‘legality’ matter here?

In this case, “the law is an ass” as Mark Twain memorably pointed out.

I’m obviously not an anarchist; I fully respect and support the rule of law – when the law is derived from human sanity and natural law. But this? Enough.

I’d love to hear from the more legally educated members here. Your thoughts on “it’s all perfectly legal”?

Cheers,

Selene

[GreenGuy]

The fact that Obama is a Constitutional Law scholar makes this all the more interesting.

You've got to be kidding. Obama is not a scholar in any way. His curriculum vitae is entirely fraudulent. He has never been anything more than mediocre in any field.

[Carmody]

Galactic intervention or involvement will not happen in a situation deemed legal, correct, and 'within bounds' by both parties in the given planetary situation.

The spirit of the law is broken, but it's letter remains intact.

[cursichella1]

The fact that Obama is a Constitutional Law scholar makes this all the more interesting.

You've got to be kidding. Obama is not a scholar in any way. His curriculum vitae is entirely fraudulent. He has never been anything more than mediocre in any field.

Oh, he's hardly a "mediocre" fraud, charlatan, actor, orator, etc. And, regardless of the legitimacy of his curriculum vitae, he's certainly proven some skill in the reinterpretation of the Constitution and Bill of Rights, among other things. That might not qualify his curriculum vitae, but does show a bit of scholarship! lmao