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Snowden Vindicated by 2nd Circuit

Posted by dbhalling 8 years, 6 months ago to Politics
34 comments | Share | Flag

May be there are still courts that can read the constitution.
SOURCE URL: https://www.bloomberg.com/view/articles/2015-05-07/court-backs-snowden-strikes-secret-laws


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  • Posted by ObjectiveAnalyst 8 years, 6 months ago
    Hello dbhallling,
    Good find.
    The decision is correct, but the reasoning was weighted on a technicality. From the article: "The court didn’t address the question of whether it would be constitutional for Congress to order such broad searches; it just held that Congress didn’t intend to authorize them."... "This was the right result -- but not necessarily because of privacy, which the court didn’t address directly at all. What was most wrong with the secret NSA orders was that they depended on a secret interpretation of the law, according to which “relevant” was assigned the broadest possible meaning. "
    Still, it is a positive step; the decision is in line with the fourth amendment regardless and there was talk of relevance, implication of over-broad, over-reach, even if their decision did not hinge on it. Let us hope it doesn't end up at the SCOTUS, as presently constituted.
    Respectfully,
    O.A.
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  • Posted by freedomforall 8 years, 6 months ago
    In the America I was taught to believe in, this would never have happened.
    This is not that America (which may not have existed since 1859.) I predict the Dark Center court will rule for the federal government on this issue, and the Supreme Traitors will create weasle language for the new evil empire to continue to stir their cauldron of dictatorship. They will poke their noses into private matters of individuals until the people respond via force of arms.
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    • Posted by $ allosaur 8 years, 6 months ago
      Old dino was taught to believe in the same America as you.
      I do not trust and have no faith in those who weasel run whatever poisoned thing America has become now.
      Who is John Galt?
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  • Posted by term2 8 years, 6 months ago
    The purpose of the NSA's operations is to protect the government FROM the citizens here, not to protect US from foreign invaders. To accomplish this goal they need to know everything about every person in the USA and have that immediately available to government people. Our government has lost my trust. I dont believe anything they say anymore.
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  • Posted by ISank 8 years, 6 months ago
    I wish you were correct but this decision was made before a soon to be expired un"patriot act" and then would be replaced with the bodaciously now in place law called USA freedom act, and get this title...here goes "uniting and strengthening America, by fulfilling rights and ensuring effective discipline over monitoring act of 2015"

    And all they did was update surveillance abuses, and cheered to the public how they protected our rights.

    What a joke.
    Reprobates, all of them.
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    • Posted by $ MichaelAarethun 8 years, 6 months ago
      and brought the worst parts in disguised as ear marks in other non related bills.

      Yet they will get as an aggregate 95% of the votes cast and not care which leftist candidate wins.
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  • Posted by Esceptico 8 years, 6 months ago
    This is big news and begs the question why did this not make headlines since it was issued on May 5, 2016, and here it is May 17 with still no media coverage. I bet if the court found in the other direction, there would be three inch headlines and tweets galore. The 97 page decision is worth reading.
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    • Posted by term2 8 years, 6 months ago
      they are too busy bashing Trump for every single thing he has ever done or not done. The establsihment circles its wagons on all fronts, and it doesnt want people to know that the court found against them
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      • Posted by Esceptico 8 years, 6 months ago
        I can buy this explanation. The establishment demonstrates it is in great fear of losing power. Everything they have done comes out of the “Dictator’s Handbook” and they must be surprised somebody is successfully challenging their position. In an article today, Pat Buchanan said: “It was after that Cleveland Convention that Nixon ruefully told me, ‘Buchanan, whenever you hear of a group forming up to stop X, be sure to put your money on X.’” I hope this is correct because, for all his faults, I see nobody in sight to shake up the establishment other than Trump.
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        • Posted by term2 8 years, 6 months ago
          I know Trump will try to shake up the corrupt establishment, and I hope with the help of the voters he will succeed. He has my vote for sure. Hildebeast is the poster child for the establishment on the democratic side, and Jeb Bush was the poster child for the establishment on the republican side (and we can see how the voters loved him !!!). Sanders gave Hillary a run for her money, basically on the anti-establishment platform.
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          • Posted by 8 years, 6 months ago
            What???

            Frying pan into the fire
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            • Posted by term2 8 years, 6 months ago
              If we are ever going to get people to see how statism really works, it needs to be exposed. 4 years of Trump doing that without the restraint of political correctness just cant be bad for 4 years.

              Whats the alternative? Bought and paid for Hillary?
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              • Posted by 8 years, 6 months ago
                no alternative. I seriously doubt Trump is going to expose anything, but he will take us several steps closer to civil war or anarchy or both.
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                • Posted by lrshultis 8 years, 6 months ago
                  Perhaps Trump will inadvertently bring to public the underlying mores that allow the public to ask for both personal and public censorship as well as the near ignorance of economics and most other knowledge in the USA. E.g., he, perhaps without knowing it, seems to believe that when businesses in other countries sell US citizens things, the money payments to the businesses are the property of the government and that the US citizens are dealing directly with the government of that country and does not know that governments get the public money by a form of theft. He seems, like with both the left and right, to believe that the President's job is to run the economy, not to get out of the way and do his main job as commander in chief and see that reasonable laws are enforced. He seems to be like Obama believing that laws should be by the President as directives and not by congress and will like, like most recent congresses and Presidents, having rule by bureaus.
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                • Posted by term2 8 years, 6 months ago
                  Trump has already (along with Sanders) exposed the corruption in the democratic and republican parties. He has made political incorrectness OK with his Tweets. He will hire very good advisors and employees who will take the place of the trash thats in the government now. As to civil war, its coming anyway. Watch JERICHO on netflix. good movie on the subject
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  • Posted by Flootus5 8 years, 6 months ago
    Interesting that it is a suit brought forth by the ACLU and affiliates. You'd think the media would be all over it. They probably were and then went eeewww, squelch this one.
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    • Posted by $ MichaelAarethun 8 years, 6 months ago
      Interesting since most of those are funded by Soros.
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      • Posted by Flootus5 8 years, 6 months ago
        Doubly interesting, in that when would there ever be an investigation - by anyone - into all the money trails of this guy? I am probably ignorant of what has been done out there, but interestingly, we haven't heard of anything in depth.....from the media. Rather telling.
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        • Posted by $ MichaelAarethun 8 years, 6 months ago
          The key words are Money is Free Speech. The only thing still denied is direct access. If no direct access is shown there is no indictment. So they use bag men. With 150 or so sub organizations and the whole ACLU it's not that difficult.

          Can you think of how many of your friends and neighbors can afford this version of free speech?

          How free is that?

          Fascist Free?
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          • Posted by Flootus5 8 years, 6 months ago
            There is the threshold of "afford" when the cost of submission is higher than the cost of resistance. Timeless.

            I personally know a rancher or two that have either already been under home based ankle cuffs or are currently being held without bail until next February.
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  • Posted by Herb7734 8 years, 6 months ago
    I wonder if any of the major media will report this very important story. Most likely not, or if they do it will be on page 32 or a 10 second squib.
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  • Posted by 8 years, 6 months ago
    Here is the link to the actual opinion https://www.aclu.org/sites/default/fi....

    The main part of the case was really about whether the plaintiffs had standing (Whether they could sue the NSA). The court said yes they did.

    The government also argued that Judicial Review of the Patriot Act was not allowed. The court disagreed.

    The government argued that even if the plaintiffs had standing the plaintiffs constitutional arguments would fail. The court sort of side stepped this issue and ruled that the Patriot Act did not authorize the broad searches taken on by the NSA. This leaves the constitutional issues open.

    The case is being remanded (sent by to the trial court) for resolution. It is possible the trial court will take up the constitutional issues or it will punt and just rubber stamp the appeals court decision.


    The media is focusing on the court using Snowden's revelations as evidence. This is also important.
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  • Posted by $ blarman 8 years, 6 months ago
    What do you want to bet this will be appealed to the Supreme Court and overturned simply due to the progressive participants on the Court...
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    • Posted by 8 years, 6 months ago
      Plenty of conservatives have been supporting the NSA also. Much more likely is that the NSA will just ignore the court(s) because it will be almost impossible to verify
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  • Posted by johnpe1 8 years, 6 months ago
    Dale, do you think that secrecy is appropriate for the
    design and fabrication information for nuclear weapons? -- j
    .
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    • Posted by 8 years, 6 months ago
      Yes, but that has nothing to do with the Patriot Act or NSA.

      Only the military should have secrets and these should be very restrictive (limited). In peacetime secrets should mainly limited to weapon systems and operational secrets should have a short lifetime. The real enemy that the US faces is not external, it is internal.

      The cold war was a valid reason for a large standing military. But large militaries are always a threat to freedom and the US military has become a huge threat to our freedom.

      The NSA should be eliminated and its few legitimate functions absorbed by the military. The CIA should be eliminated and its few legitimate functions absorbed by the military. The FBI should be eliminated. If the states feel there is a need for something like the FBI, they could create one by agreement and the federal government should/would have no part of how it is operated.
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