Appellate Court Nails NSA Spying and Patriot Act
Mayday, Mayday! A
New York federal court just nailed the
NSA for spying on
Americans. In a 97-page ruling, the
Second Circuit Court ruled that the heart and soul of the so-called
Patriot Act, known as
Section 215, is constitutionally flawed and it cannot be legally interpreted as allowing mass snooping on the phone calls of
U.S. citizens!
The timing of this May
2015 ruling is extremely significant since the Patriot Act is set to expire on June 1, 2015.
This is causing power craving, ultra controlling politicians to have outright panic attacks. Unless they do something very quickly, they will be forced to honor constitutional rule of law. And, gasp, people can have private conversations again in
America!
But don't jump for joy yet. The political scoundrels have regrouped and are now pushing for a so-called reform measure called the
Freedom Act. Only one problem.
It's worse than the Patriot Act. The so-called Freedom Act, if implemented, would, as
Judge Napolitano put it, "legitimize all spying all the time on all of us in ways that the Patriot Act fails to do. It is no protection of privacy; it is no protection of constitutional liberty. It unleashes
American spies on innocent Americans in utter disregard of the
Fourth Amendment."
Ironically,
the NSA's data collection center is located in the town of
Bluffdale, Utah. So what do you say it's time to call everyone's bluff.
Let' s make it an acid test of who to support this election season. Even if a professing conservative supports either renewing the Patriot Act or the new phony Freedom Act, show him the
Right Foot of Fellowship--and that includes
Ted Cruz. Et Tu, Ted? Et Tu Ted. As admirable as
Senator Cruz is on many issues, if he is on the wrong side of this issue, he can't be trusted on lesser issues. Hopefully the unwavering stand of Ted's buddy
Rand Paul will motivate
Cruz to abandon his current inexplicable support for the Freedom Act, and to once again stand firm in supporting our Fourth Amendment rights.
Judge Andrew Napolitano's repudiation of the Patriot Act in his May 14 column is constitutionally unassailable. He wrote, "
The Patriot Act is the centerpiece of the federal government’s false claims that by surrendering our personal liberties to it, it can somehow keep us safe. The liberty-for-safety offer has been around for millennia and was poignant at the time of the founding of the American republic.
"The Framers addressed it in the
Constitution itself, where they recognized the primacy of the right to privacy and insured against its violation by the government by intentionally forcing it to jump through some difficult hoops before it can capture our thoughts, words or private behavior.
"Those hoops are the requirement of a search warrant issued by a judge and based on evidence — called probable cause — demonstrating that it is more likely than not that the government will find what it is looking for from the person or place it is targeting. Only then may a judge issue a warrant, which must specifically describe the place to be searched or specifically identify the person or thing to be seized.
"
None of this is new. It has been at the core of our system of government since the 1790s. It is embodied in the Fourth Amendment, which is at the heart of the
Bill of Rights. It is quintessentially American."
Wow! If we can only get our politicians to embrace constitutional chat like this, we might just get back our
Constitutional Republic!
Napolitano went on the explain that The Patriot Act makes an unconstitutional end run around the search warrant requirement by employing language left intentionally vague so that the feds can interpret it any way it wants and to add insult to injury they used a secret court called a
FISA court to legitimize their illegitimate actions, far from the prying and probing eyes of
We the People and what's left of the
Free Press, resulting in their ability to spy on anyone and everyone whenever they choose--and they chose to spy on everyone all the time--including having the
Draconian ability to actually turn on our cell phones remotely, using them as listening devices--in real time!
This is the end of our video but if you still are leaning toward replacing the Patriot Act with the Freedom Act, consider this: The NSA supports the Freedom Act!
To read Judge Napolitano's column on this subject, visit the web page of LewRockwell.com
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