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De Omnibus Dubitandum - Lux Veritas

Saturday, March 8, 2014

How the NSA Made Your Legal Defense Illegal

Mises Daily: Friday, March 07, 2014 by Ben O'Neill


We have seen how the NSA’s phony court system has acted as a substitute for genuine judicial review, allowing the NSA to build up precedents purporting to assist its constitutional claims. We have also seen that the NSA is able to obtain surveillance authorization through misrepresentations to the court, without any genuine consequence to the agency, even when discovered. In this Part, we now examine how the NSA shields its activities from review by the public court system, through the control of secret information that could be used as evidence against them.

By virtue of having its system of secret courts, the NSA has been eager to prevent any of its activities coming under scrutiny in the wider public court system. It has accomplished this goal by appealing to the public courts to dismiss claims against them prior to any assessment of the merits of the claim. This has been done by claiming that litigants who seek to challenge its programs lack standing to sue, and that the matters involve “state secrets” which cannot be raised in public courts. The former technique has been particularly successful for the NSA — it has engaged in mass surveillance while simultaneously relying on the fact that no individual litigant can prove that they are affected by the surveillance!......To Read More....

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