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A Federal Judge rules the NSA spying program is “likely” unconstitutional

December 16, 2013

 Earlier today a Federal Judge ruled that the NSA spying program is “likely” unconstitutional and issued a preliminary injunction against the program. 

A federal judge ruled Monday that the National Security Agency program which collects information on nearly all telephone calls made to, from or within the United States is likely unconstitutional.

U.S. District Court Judge Richard Leon found that the program appears to violate the Fourth Amendment ban on unreasonable searches and seizures

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

    He went on to say that the Injustice Department has failed to show even one example where the program managed to thwart a terrorist attack:

“I have significant doubts about the efficacy of the metadata collection program as a means of conducting time-sensitive investigations in cases involving imminent threats of terrorism,” Leon wrote. “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.”

   We need to no further than the Boston Marathon bombing to see the NSA spying program is ineffective–if we are to believe stopping terrorist attacks, and not collecting data on American citizens, is the true goal of the policy in the first place.

 Expecting his decision, if you can call it that, was going to be challenged he immediately stayed the order. I question this whole decision because he did not really issue a definitive decision on the case:

The preliminary injunction Leon granted Monday does not require him to make a definitive ruling on the constitutional questions in the case, but does take account of which side he believes is more likely to prevail.

  In other words he punted this case, how could he possibly not have an opinion on this case? Isn’t it his job to have an opinion? This does not seem to me to be the victory that many on the right are proclaiming it to be. A step in the right direction maybe, but that is about all.

  This lawsuit will take years to decide, and during that time the Federal government will continue to accrue data on all American citizens, as it heads to the Supreme Court and once there all bets are off. I was burned on the Obamacare decision, I am not holding my breath for justice to be served on this case either.

12 Comments leave one →
  1. Brittius's avatar
    December 16, 2013 8:36 pm

    Reblogged this on Brittius.com.

    Like

  2. Conservatives on Fire's avatar
    December 16, 2013 9:18 pm

    With todays technology, I don’t know how the NSA can be stopped. They will just lie about what they are doing. No one, inside or outside of government, is save from the all seeing NSA.

    Like

    • Steve Dennis's avatar
      December 17, 2013 6:45 am

      I am afraid you are right. And there is no telling what these people have on the judges.

      Like

  3. zip's avatar
    zip permalink
    December 16, 2013 11:47 pm

    If the anti-Constitutionalists gov. won’t abide to foundational laws and practices, some are planning on just ‘shutting off the water’ required to run the NSA system! http://iacknowledge.net/activists-propose-plan-to-stop-the-nsa-turn-off-their-water-supply/

    Like

    • Steve Dennis's avatar
      December 17, 2013 6:48 am

      That is an interesting strategy, somehow I don’t think it will take the Feds long to swoop in! Thanks for sharing.

      Like

  4. rjjrdq's avatar
    December 17, 2013 12:53 am

    What does “likely’ mean? I’m not a judge and it took me two seconds to figure it out. Well, I shouldn’t bash the guy. He came down on the right side.

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    • Steve Dennis's avatar
      December 17, 2013 6:50 am

      It is easy to bash this judge though. He hinted that he would come down on the right side, but didn’t really do anything. I don’t get this at all.

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  5. bunkerville's avatar
    December 17, 2013 11:33 am

    If it is the d.c. Court, which I think it is, Obama is loading it up with his cronies. Fat chance of a good outcome if so. Either way, the train will have long left the station by the time it gets adjudicated.

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    • Steve Dennis's avatar
      December 17, 2013 8:08 pm

      Reid invoking the nuclear option is going to allow Obama to pack the courts and prohibit us from ever overturning anything that passes and Reid is now fast tracking his nominees for obvious reasons. The nuclear option may turn out to be the biggest story of 2013 and it did not receive nearly the coverage it should have.

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