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Msg  2907 of 2916  at  12/17/2013 7:41:01 AM  by

JimCooper


Judge Leon's Decision


This message is off topic, but I thought some of you might be interested in reading US District Court Judge Richard Leons full 68-page opinion ruling that certain NSA intelligence-gathering practices relating to the wholesale collection of telephone record metadata of all US citizens violated the US Constitution. The accounts in the news media do not present the full measure of the brazen illegality of the NSAs actions, as one recognizes by reading Judge Leons full opinion, which can be accessed at the following link:

https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2013cv0881-40

Judge Leons opinion frequently mentions Edward Snowden and his leaks, which Judge Leon credits as bringing these practices to light and starting the whole public and global discussion of the illegality of the NSA spying techniques.

Judge Leon explains in great detail why this NSA practice is UNCONSTITUTIONAL. His opinon characterizes the NSA practices as Orwellian, referring to the Big Brother aspects in his novel, 1984. Judge Leons court was the FIRST court to have the NSA practice challenged by an adversarial advocate, unlike the FISA courts which heard only the NSAs side of the argument. We learn that, even with these limited presentations, the FISA Judges were troubled by the NSA practices. I predict the US Court of Appeals and US Supreme Court will uphold Judge Leons opinion. After Government appeals are exhausted, Judge Leon will issue his injunction prohibiting these NSA practices.

Judge Leon not only shows that the NSA practices are unconstitutional, but also reveals that those practices are ineffective in preventing terrorism. Judge Leons scrutiny of the record confirms Senator Wydens claim that the NSA has MISREPRESENTED to the public that the NSA practices have stopped terrorist acts. That misrepresentation is on top of the demonstrated perjury by Clapper and Alexander during Congressional hearings.

Upon commissioning as an officer in the military, one raises his or her right hand and pledges to support and defend the CONSTITUTION and laws of the United States of America against ALL ENEMIES, foreign and DOMESTIC; . (my emphasis) That statutory oath is promulgated throughout the US Code and applies to all three branches executive, legislative, and judicial, not just military officers. According to that oath, what should a loyal American military officer, federal employee, Congressman, or Judge do when he or she encounters a Big Brother Orwellian situation, in which the Government is unconstitutionally invading the privacy of all Americans?


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