Court: NSA surveillance unconstitutional. Administration:keep the ruling secret & carry on

[sailingaway]

It turns out that Foreign Intelligence Surveillance Court in 2011 found that the NSA’s surveillance under the FISA Amendments Act to be unconstitutional. Why doesn’t anyone know this? Because the decision was kept secret:


In a rare public filing in the secret Foreign Intelligence Surveillance Court (FISC), the Justice Department today urged continued secrecy for a 2011 FISC opinion that found the National Security Agency’s surveillance under the FISA Amendments Act to be unconstitutional. Significantly, the surveillance at issue [then] was carried out under the same controversial legal authority that underlies the NSA’s recently-revealed PRISM program.

It gets worse:


The government’s argument is guaranteed to make heads spin. DOJ earlier argued that it lacks discretion to release the FISC opinion without the FISC’s consent, but DOJ now argues that if the FISC were to agree with EFF, “the consequence would be that the Government could release the opinion or any portion of it in its discretion.” But FISC material is classified solely because the Executive Branch demands that it be, so release of the opinion has always been a matter of Executive discretion.

In other words, the FISC should rule against the EFF because to do otherwise would require the release of this secret ruling. But the ruling is only secret because the administration insisted that it be kept secret! I can hardly conceive of a more twisted and cynical manipulation of the law.

https://www.eff.org/deeplinks/2013/06/government-says-secret-court-opinion-law-underlying-prism-program-needs-stay

http://57un.wordpress.com/2013/06/11/court-finds-nsa-surveillance-unconstitutional-administrations-response-keep-the-ruling-secret-and-carry-on/

[jllundqu]

because go fuck yourself! That's why!

[mad cow]

America needs an explosion of whistle blowers.Easy for me to say,I know.But still...

[Cap]

Good find. Thanks Sailing.

[Valli6]

Ah - this part from EFF...

Sens. Ron Wyden and Mark Udall revealed the existence of the opinion, which found that collection activities under FISA Section 702 "circumvented the spirit of the law” and violated the Fourth Amendment's prohibition on unreasonable searches and seizures. But, at the time, the Senators were not permitted to discuss the details publicly.

...helps explain what Rand is talking about in the CBS video, when he says:

"the interesting thing is, I was unable to talk about it. So was Senator Wyden. They put a gag rule on us. They put a gag rule on those who were investigating(ed?). The most ridiculous thing I hear, from people of this persuasion, is politicians saying, "Oh, nobody was complaining." Well you can't complain because they put you in jail if you complain, or they don't tell you if they're investigating you.
(around 4 minutes into this video)
http://www.youtube.com/watch?v=5D0vs2FXBFo#t=4m2s

[jmdrake]

I hope Glenn Greenwald is reading this! Th next time he's on Mika Brezisnski's show he can tell her straight up "No it's not legal. The FISA court said it wasn't but the Obama administration has kept the ruling secret.....until now."

[Pericles]

I hope Glenn Greenwald is reading this! Th next time he's on Mika Brezisnski's show he can tell her straight up "No it's not legal. The FISA court said it wasn't but the Obama administration has kept the ruling secret.....until now."

what a deal, you lose in court, and the judgement never gets enforced because nobody can know what it is!

[Brian4Liberty]

Ah - this part from EFF...


...helps explain what Rand is talking about in the CBS video, when he says:

(around 4 minutes into this video)
http://www.youtube.com/watch?v=5D0vs2FXBFo#t=4m2s

This is outrageous. They can't silence Congress! There is nothing more basic to our Constitution than the separation and checks and balances of the three branches of government.

[Brian4Liberty]

I hope Glenn Greenwald is reading this! Th next time he's on Mika Brezisnski's show he can tell her straight up "No it's not legal. The FISA court said it wasn't but the Obama administration has kept the ruling secret.....until now."

This needs to be used by a lot of people, especially Congress.

[Occam's Banana]

E pluribus unum
In God We Trust
Heads We Win, Tails You Lose

[Elias Graves]

Pitchforks for everyone!

[ClydeCoulter]

This is outrageous. They can't silence Congress! There is nothing more basic to our Constitution than the separation and checks and balances of the three branches of government.

Yeah, and I'm not comfortable with that interview, either, that Valli6 linked to.

[HOLLYWOOD]

Everyone's a WINNER... just as long as you belong to Washington DC's SECRET CLUB FED. 8 Million suspicious Banking reports submitted to the government under that Banking Act... this is used to collect taxes for the IRS not terrorist captures.

American serfs/mundanes just pay your taxes, or we'll use the wiretap dirt we got on you to create a smaller prison around you.

[sailingaway]

Yeah, and I'm not comfortable with that interview, either, that Valli6 linked to.

I'll have to watch that one.

[Mini-Me]

Wow, this is just straight-up Nazi territory.

[awake]

Remember that part in every thriller movie when the "good guy" is revealed as the bad guy? More precisely the time the audience and hero realize it? That very moment is now.

The dark armies are going to defend their power.

[QueenB4Liberty]

It's not like they are going to reverse it anyhow. They can tell the public whatever they want, and do the exact opposite. Unfortunately I don't think most will care.

[Dr.3D]

They need to stop calling it "National Security" and call it what it really is, "Government Security."

[limequat]

Am I understanding correctly? EFF has a smoking gun that NSA was acting outside the "law"???

(By "law" I mean the system of legalese they put up to protect themselves from the LAW, the constitution)

[enhanced_deficit]

This may not lead to his impeachment.

[MelissaWV]

This entire thing seems so familiar, what with the "brief yourself" attitude by the Administration...


"But Mr Dent, the plans have been available in the local planning office for the last nine months."

"Oh yes, well as soon as I heard I went straight round to see them, yesterday afternoon. You hadn't exactly gone out of your way to call attention to them, had you? I mean, like actually telling anybody or anything."

"But the plans were on display ..."

"On display? I eventually had to go down to the cellar to find them."

"That's the display department."

"With a flashlight."

"Ah, well the lights had probably gone."

"So had the stairs."

"But look, you found the notice didn't you?"

[osan]

https://www.eff.org/deeplinks/2013/06/government-says-secret-court-opinion-law-underlying-prism-program-needs-stay

http://57un.wordpress.com/2013/06/11/court-finds-nsa-surveillance-unconstitutional-administrations-response-keep-the-ruling-secret-and-carry-on/

Holy hell... the United States is literally crumbling before our very eyes.

Woeful indeed are these days that have descended upon us.

[osan]

This may not lead to his impeachment.

This, perhaps, is the scariest and most profoundly depressing part of all.

[Brian4Liberty]

Is this gaining any traction?

[UWDude]

First reported on June 7th. It is now June 12th. :/

[LibertyEagle]

We should all send it to Drudge. If they pick it up, it'll spread fast.

[Elias Graves]

I think these senators that knew this was going on and said nothing have some explaining to do.
Why haven't we seen a whistleblower from the congress?

[LibertyEagle]

Is everyone spreading this on Twitter and Facebook?