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De Omnibus Dubitandum - Lux Veritas

Saturday, December 5, 2015

The spies who ruin us

Andrew Napolitano (contact him at www.judgenap.com) is the senior judicial analyst for Fox News and writes for Creators Syndicate.

In an effort to draw attention away from the intelligence failures that permitted the attacks of 9/11 and create the impression that it was doing something -- anything -- to avoid a repeat, the federal government tampered seriously with freedoms expressly guaranteed in the Constitution. Its principal target was the right to privacy, which is protected in the Fourth Amendment......Congress passed the Patriot Act in October 2001. This law permits FBI agents to write their own search warrants for business records, and it has been used to induce the Foreign Intelligence Surveillance Court to issue warrants on a made-up basis to read emails and listen to telephone calls in real time......

Both the Patriot Act and the USA Freedom Act unconstitutionally do away with the probable cause requirement for warrants. Those two laws permit the Foreign Intelligence Surveillance Court to issue warrants based on the standard of "governmental needs" rather than probable cause........

The propaganda that NSA computers have been shut down is false. Its computers are still in the telecom and Internet service providers' facilities and are operated by NSA agents remotely......

Does all this unconstitutional spying.....keep us safe?..... The recent Paris killers communicated with one another using ordinary cellphones and emails. Yet the French government, whose legal authority to spy is broader than our government's, missed them. And the NSA, which spies on the French government, missed them.....To Read More.....

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