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Octafish

(55,745 posts)
Fri Mar 20, 2015, 02:43 PM Mar 2015

Court: NSA Spying May Continue Even if Congress Lets Authority Expire

[font size="2"]The Persistence of Liberty after Salvador Dali[/font size]



Court: NSA Spying May Continue Even if Congress Lets Authority Expire

By Dustin Volz
National Journal/NextGov, March 19, 2015

The National Security Agency may be allowed to continue scooping up American phone records indefinitely even if congressional authority for the spying program expires later this year, according to a recently declassified court order.

The legal underpinning of the NSA's bulk collection of U.S. call data resides in a provision of the post-9/11 USA Patriot Act that is scheduled to sunset on June 1. The common understanding among lawmakers and the intelligence community is that the surveillance program will halt unless Congress reauthorizes Section 215 of the Patriot Act in some fashion.

But a passage buried on the last pages of an order from the Foreign Intelligence Surveillance Court declassified last week leaves open the door for the program—exposed publicly by Edward Snowden nearly two years ago—to continue even if lawmakers let Section 215 lapse.

"If Congress, conversely, has not enacted legislation amending (Section 215) or extending its sunset date," writes Judge James Boasberg, "the government is directed to provide a legal memorandum … addressing the power of the Court to grant such authority beyond June 1, 2015."

The possibility of the NSA program continuing absent congressional reauthorization was raised last year by The New York Times, which pointed to an obscure provision of the Patriot Act that allows the government to continue indefinitely a foreign intelligence investigation that is ongoing and that began before the bill's expiration.

CONTINUED...

http://www.nextgov.com/defense/2015/03/court-nsa-spying-may-continue-even-if-congress-lets-authority-expire/107961/

Freedom is Slavery.

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Blue_Tires

(55,445 posts)
1. Which I predicted, of course
Fri Mar 20, 2015, 03:11 PM
Mar 2015

and which is why the emoprog justification for killing the NSA reform bill in the 11th hour was naturally bullshit (Rand Paul, I'm looking in your direction)

Octafish

(55,745 posts)
2. Back in 1975, Sen. Frank Church (D-Idaho) warned us; so, NSA spied on him...
Fri Mar 20, 2015, 04:50 PM
Mar 2015

Frank Church was a patriot, a hero and a statesman, truly a great American.

The guy also led the last real investigation of CIA, NSA and FBI. When it came to NSA Tech circa 1975, he definitely knew what he was talking about:

“That capability at any time could be turned around on the American people and no American would have any privacy left, such is the capability to monitor everything: telephone conversations, telegrams, it doesn’t matter. There would be no place to hide. If this government ever became a tyranny, if a dictator ever took charge in this country, the technological capacity that the intelligence community has given the government could enable it to impose total tyranny, and there would be no way to fight back, because the most careful effort to combine together in resistance to the government, no matter how privately it was done, is within the reach of the government to know. Such is the capability of this technology.

I don’t want to see this country ever go across the bridge. I know the capability that is there to make tyranny total in America, and we must see it that this agency and all agencies that possess this technology operate within the law and under proper supervision, so that we never cross over that abyss. That is the abyss from which there is no return.”

-- Sen. Frank Church (D-Idaho) FDR New Deal, Liberal, Progressive, World War II combat veteran. A brave man, the NSA was turned on him. Coincidentally, of course, he narrowly lost re-election a few years later.



And what happened to Church, for his trouble to preserve Democracy:

In 1980, Church will lose re-election to the Senate in part because of accusations of his committee’s responsibility for Welch’s death by his Republican opponent, Jim McClure.

SOURCE: http://www.historycommons.org/entity.jsp?entity=frank_church_1


From GWU's National Security Archives:



"Disreputable if Not Outright Illegal": The National Security Agency versus Martin Luther King, Muhammad Ali, Art Buchwald, Frank Church, et al.

Newly Declassified History Divulges Names of Prominent Americans Targeted by NSA during Vietnam Era

Declassification Decision by Interagency Panel Releases New Information on the Berlin Crisis, the Cuban Missile Crisis, and the Panama Canal Negotiations


National Security Archive Electronic Briefing Book No. 441
Posted – September 25, 2013
Originally Posted - November 14, 2008
Edited by Matthew M. Aid and William Burr

Washington, D.C., September 25, 2013 – During the height of the Vietnam War protest movements in the late 1960s and early 1970s, the National Security Agency tapped the overseas communications of selected prominent Americans, most of whom were critics of the war, according to a recently declassified NSA history. For years those names on the NSA's watch list were secret, but thanks to the decision of an interagency panel, in response to an appeal by the National Security Archive, the NSA has released them for the first time. The names of the NSA's targets are eye-popping. Civil rights leaders Dr. Martin Luther King and Whitney Young were on the watch list, as were the boxer Muhammad Ali, New York Times journalist Tom Wicker, and veteran Washington Post humor columnist Art Buchwald. Also startling is that the NSA was tasked with monitoring the overseas telephone calls and cable traffic of two prominent members of Congress, Senators Frank Church (D-Idaho) and Howard Baker (R-Tennessee).

SNIP...

Another NSA target was Senator Frank Church, who started out as a moderate Vietnam War critic. A member of the Senate Foreign Relations Committee even before the Tonkin Gulf incident, Church worried about U.S. intervention in a "political war" that was militarily unwinnable. While Church voted for the Tonkin Gulf resolution, he later saw his vote as a grave error. In 1965, as Lyndon Johnson made decisions to escalate the war, Church argued that the United States was doing "too much," criticisms that one White House official said were "irresponsible." Church had been one of Johnson's Senate allies but the President was angry with Church and other Senate critics and later suggested that they were under Moscow's influence because of their meetings with Soviet diplomats. In the fall of 1967, Johnson declared that "the major threat we have is from the doves" and ordered FBI security checks on "individuals who wrote letters and telegrams critical of a speech he had recently delivered." In that political climate, it is not surprising that some government officials eventually nominated Church for the watch list.[10]

SOURCE: http://www2.gwu.edu/~nsarchiv/NSAEBB/NSAEBB441/



I wonder if Sen. Richard Schweiker (R-CT) also got the treatment from NSA?

“I think that the report, to those who have studied it closely, has collapsed like a house of cards, and I think the people who read it in the long run future will see that. I frankly believe that we have shown that the [investigation of the] John F. Kennedy assassination was snuffed out before it even began, and that the fatal mistake the Warren Commission made was not to use its own investigators, but instead to rely on the CIA and FBI personnel, which played directly into the hands of senior intelligence officials who directed the cover-up.” — Senator Richard Schweiker on “Face the Nation” in 1976.

Lost to History NOT

Thanks for being on the NSA's case, Blue Tires.
 

99th_Monkey

(19,326 posts)
3. So US Judiciary is now single-handedly dictating to We the People, SCOTUS & POTUS?
Fri Mar 20, 2015, 05:12 PM
Mar 2015

Exactly what the US National Security State can or cannot be or do,
to its subjects and serfs.

Welcome to the new US Oligarchy, or Plutocracy, or whatever the
fuck you want to call this sham of a "constitutional democracy",

We're a ghost of our once-promising past. This is just the most recent
reminder -- like the new Princeton Study just announced --
the United States of America is decidedly NOT still a "democracy"
by any stretch of the imagination.

RIP USA. It was great to know you.

 

msanthrope

(37,549 posts)
4. Um, no....they want clarification on ongoing investigations. So if there
Fri Mar 20, 2015, 05:18 PM
Mar 2015

is an ongoing investigation that began before expiration, what happens to it?

Like when the Special Prosecutor statute expired, the investigations that had been already going on continued.

 

99th_Monkey

(19,326 posts)
6. Oh I see. It's just about trivial legal technicalities & 'ongoing investigations'
Fri Mar 20, 2015, 05:49 PM
Mar 2015

and not about the judiciary unilaterally erasing the expiration date on the NSA's Congressional (albeit unconstitutional) 'authorization' allowing 24/7 100% saturation spying on whoever the fuck they want to, including duly-elected public officials trying to do the people's business, including political activists involved in any kind of activity perceived as 'unfriendly' to the decidedly unelected Oligarchy.

So that's how it is?

Octafish

(55,745 posts)
5. Chief Justice Roberts Is Awesome Power Behind FISA Court
Fri Mar 20, 2015, 05:26 PM
Mar 2015


The G.O.P.’s Surveillance Judiciary

Is it possible to simply disband the partisan FISA court?

By Scott Horton
Harper's, July 29, 2013

In Friday’s New York Times, Charlie Savage takes a closer look at the judges hand-picked by John Roberts for the Foreign Intelligence Surveillance Act (FISA) court.

Ten of the court’s 11 judges — all assigned by Chief Justice Roberts — were appointed to the bench by Republican presidents; six once worked for the federal government. Since the chief justice began making assignments in 2005, 86 percent of his choices have been Republican appointees, and 50 percent have been former executive branch officials.

Not surprisingly, the Times review shows that Roberts has fashioned a court in his own image: movement conservative, Republican, largely consisting of persons who previously worked in the government. In sum, Roberts has picked a court that can be relied upon to quickly approve any government request for surveillance, through whatever instruments and according to whatever rules the government wishes.

The two chief justices who preceded Roberts, William H. Rehnquist and Warren E. Burger, were also conservative Republicans, and like Roberts they also ensured that a majority of the FISA court’s judges were conservative Republicans. However, neither of his predecessors was nearly so obsessive about it as Roberts — two-thirds of their selections were Republicans, while for Roberts, all but one have been Republican.

SNIP...

The special judicial body put in place by FISA to check government surveillance activities has been transformed by John Roberts into a cheerleader for such programs. This judicial adulteration leaves NSA critics in Congress with little alternative but to push for laws establishing further limits on NSA activities — though even if they manage to pass such a law, they must be wary of the demonstrated ability of the Justice Department, the NSA, and the FISA court to find secret “understandings” of statutes that justify unforeseen forms of overreach.

CONTINUED...

http://harpers.org/blog/2013/07/the-gops-surveillance-judiciary/

"Turnkey Tyranny" was how one whistleblower put it.
 

99th_Monkey

(19,326 posts)
7. Roberts Rules?
Fri Mar 20, 2015, 06:08 PM
Mar 2015

I'd actually not connected those dots yet, so thanks for reminding me that the
man behind that dark-robed Curtain is Chief Justice Roberts. Looked at with
that reminder, the picture is even clearer, tho not exactly a bed of roses.

Octafish

(55,745 posts)
8. Before his elevation to the SCROTUS, Roberts helped Bush Jr in Florida and Bush Sr in Iran-Contra.
Fri Mar 20, 2015, 06:29 PM
Mar 2015


Roberts had larger 2000 recount role The role of U.S. Supreme Court nominee John Roberts in the 2000 election aftermath in Florida was larger than has been reported.

Roberts helped prepare the Supreme Court case.

By MARC CAPUTO
Miami Herald
July 28, 2005

TALLAHASSEE - U.S. Supreme Court nominee John Roberts played a broader behind-the-scenes role for the Republican camp in the aftermath of the 2000 election than previously reported — as legal consultant, lawsuit editor and prep coach for arguments before the nation’s highest court, according to the man who drafted him for the job.

Ted Cruz, a domestic policy advisor for President Bush and who is now Texas’ solicitor general, said Roberts was one of the first names he thought of while he and another attorney drafted the Republican legal dream team of litigation ’’lions’’ and ’’800-pound gorillas,’’ which ultimately consisted of 400 attorneys in Florida.

Until now, Gov. Jeb Bush and others involved in the election dispute could recall almost nothing of Roberts’ role, except for a half-hour meeting the governor had with Roberts. Cruz said Roberts was in Tallahassee helping the Bush camp for ’’a week to 10 days,’’ and that his help was important, though Cruz said it is difficult to remember specifics five years after the sleep-depriving frenetic pace of the 2000 recount.

SNIP...

’’He’s one of the best brief writers in the country. Just like a good journalist or a novelist, he can write with clarity, concisely and can paint a picture with words,’’ said Cruz. Roberts, a constitutional-law expert in a top Washington law firm at the time, is now a federal appeals court judge in D.C. Roberts was a no-brainer for the recount effort: His win-loss record at the U.S. Supreme Court was one of the most impressive. And, like Cruz, he was a member of a tight-knit circle of former clerks for the court’s chief justice, William Rehnquist — a group jokingly referred to as ``the cabal.’’
SNIP...

Republicans such as Jeb Bush, though, say they’ve "moved on.’"

CONTINUED...

http://bellaciao.org/en/article.php3?id_article=7228



Before that, though, he helped Bush Sr escape justice for Iran-Contra.



The Smoking Gun: John Roberts "Lawyered" the Iran-Contra Scandal

Bob Fertik
Democrats.com
August 25, 2005

EXCERPT...

One file withheld, regarding the Iran-contra affair, was a draft memo from Roberts to his bosses with the heading "re: establishment of NHAO" -- referring to the Nicaraguan Humanitarian Assistance Office.

The office was one of the ways the Reagan administration got around what were known as the Boland amendments, which prohibited U.S. intelligence agencies from spending money to overthrow the Sandinistas. The office was a way the administration could get funds to the contras for nonmilitary purposes, but once there the money was used for all sorts of things.

In other words, John Roberts "lawyered" the Iran-Contra Scandal - one of the worst scandals in American history.

Now we know why Karl Rove is scrubbing Roberts' files!!!

CONTINUED…

http://www.democrats.com/roberts-iran-contra



Just a deep love for democracy not.

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