DOJ Cites Public Safety for Continued Violations of Constitution
Americans are acutely aware of section 215 of the PATRIOT Act that allows the National Security Agency (NSA) to collect indiscriminately every smidgen of phone data on every individual in the united States. In June of this year, Congress passed the USA Freedom Act, which gave the NSA six months to end the “hoovering” operation in favor of establishing a less intrusive (all inclusive) alternative. With the six months grace period ending on November 29, 2015, Obama’s (in) Justice Department is arguing against the cease of data collection claiming, it “would be as hasty as suddenly letting criminals out of prison.”
Department of Justice attorney, Julia Berman argued, “Public safety should be taken into consideration” as she referenced a 2011 Supreme Court ruling involving prison overcrowding in California. California was given two years to find a solution and to relocate prisoners.
Berman claimed a dangerous “intelligence gap” would emerge that poses an imminent threat to national security should the collection end weeks before the deadline. In true Obama fashion, Berman cited this time period as “rife” with fears of homegrown terrorism. As Americans should know by now, this administration has classified 72 categories of “terrorists” that described millions of Americans while scrubbing any reference to Muslims and Islam.
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How many illegal alien invader criminals has Obama and his departments released into average American communities? Thirty thousand? More? In only one year, 2013, Obama released 36,000 illegal alien invader criminals into American communities. Yet, Berman claims danger of homegrown terrorism due to an “intelligence gap” from lack of collecting every teeny tiny bit of phone call information on Americans. One could say the release of tens of thousands illegal alien invader criminals, who committed heinous crimes after entering the country, is an act of “homegrown terrorism” against the public. In case Berman hasn’t noticed, the federal government employees suffer from a selective “intelligence gap” despite gathering data indiscriminately.
According to The Intercept:
The argument came during a hearing before US District Court Judge Richard Leon on plaintiff Larry Klayman’s request for a preliminary injunction that would immediately halt the NSA program that tracks who in the United States is calling who, when and for how long.
But he [Klayman] argued the transition period granted to the NSA was too long. “One day of constitutional violation is one day too much,” he said in his opening remarks.
In 2013, the same judge hearing these arguments, Judge Richard Leon, ruled in favor of Klayman determining the government’s spying activities “almost Orwellian.”
In May of 2015, the Second Circuit Court of Appeals upheld Judge Leon’s ruling calling the bulk telephone data collection “illegal.”
Judge Leon countered Berman’s analogy to releasing mass numbers of prisoners by saying, “That’s really a very different kind of scenario, don’t you think?”
Yes, Judge Leon, it is a very different scenario and thank you for setting Ms. Berman straight.
Berman could not present any evidence that bulk collection of Americans’ data prevented any type of terrorist attack nor could she produce any evidence to indicate ending the collection would pose a serious threat to the nation. Ms. Berman could not provide what the government doesn’t have. The NSA is targeting American citizens for monitoring, surveillance and data gathering, not terrorist organizations or potential terrorists such as Muslims, CAIR, ISNA or the Muslim Brotherhood to name a few.
Judge Leon stated, “That’s a problem I had before — wonderful high lofty expressions, general vague terms…but [the government] did not share a single example.”
Judge Leon recognizes the lack of data to support the claims made by a government mouthpiece speaking Obama-ese — meaning what Berman left out was as important as what she claimed.
The article at The Intercept concluded:
Klayman, whose arguments consisted mostly of accusing the government of lying and violating the law, decided by the end of the hearing that he actually wanted the entire USA Freedom Act stricken from the books — because he insisted that Congress, in allowing an unconstitutional program to proceed had violated the Constitution itself.
Judge Leon promised a ruling “as soon as possible.”
Klayman is correct on both counts — the government lies to its citizens and violates the Constitution. In fact, Bacha Bazi Barry has “1,063 documented examples of lying, lawbreaking, corruption, cronyism, hypocrisy and waste.” Articles here, here and here indicate the USA Freedom Act continues to trample freedom of every American citizen. The PATRIOT Act and the USA Freedom Act violates the Fourth Amendment of the Constitution of the united States of America. And, there are more programs operated by the government that collect data on Americans, including content of emails, internet browsing history, etc., exposed by NSA contractor and whistleblower Edward Snowden. For a complete review of NSA programs and activities exposed by Edward Snowden, The Guardian has a page devoted to “The NSA Files.” Again, Klayman is correct in citing Congress’ violation of the constitution in allowing the operation of an unconstitutional program(s).
The Department of Justice and the Department of Homeland Security have track records of being less than honest with the American public, with DHS going so far to actually lie to a federal judge regarding Obama’s violation of a federal injunction regarding the granting of amnesty to illegal alien invaders.
Ms. Berman didn’t get the memo that Obama plans to import tens of thousands of Syrian, or at least professed Syrian, Muslims into our nation while ignoring the dwindling numbers of Christians murdered at the hands of ISIS. For someone being so “concerned” with public safety, Ms. Berman has little problem with the importation of murderous barbarian rapists, pedophiles and misogynists and Obama’s release of thousands of criminals.
Ms. Berman argued for continued violations of the Fourth Amendment by this government claiming the possibility of “terrorist attacks” and the creation of an intelligence gap without providing one shred of evidence that this violation of guaranteed recognized Fourth Amendment rights ever prevented one terrorist threat. More than likely, Ms. Berman was “following orders” issued by the traitorous Loretta Lynch, who received her instructions from the criminal traitor dictator, Bacha Bazi Barry. The “intelligence gap” is strong with this one; however, the gap is selective since an attorney should know better. As most Americans have come to realize, attorneys in the federal government arena lack ethics, morals, principles, values and conscience.
Judge Leon’s ruling cannot come soon enough as he is likely to maintain his stance. If he rules in favor of Klayman, once again, there is no guarantee the DIC (Dictator-In-Chief) or Congress will comply. In fact, one can almost bet the DIC and Congress will ignore the judge’s ruling or continue up the chain of courts to argue the continuance of the surveillance state. As we all know, courts do not make law; courts only render decisions. Under this administration, court decisions are considered “law” when the ruling favors the position of the administration — Supreme Court onerous ruling on gay marriage comes to mind — and treated as “decisions” when in opposition.
The deadline to cease certain aspects of unconstitutional NSA spying rapidly approaches. However, other measures to spy and monitor Americans remain in place. The government neutered the Fourth Amendment. It’s unlikely to get its hands out of our business voluntarily, regardless. The surveillance state is here, brought to you and maintained by both chambers of Congress and local governments everywhere.
*Article by Suzanne Hamner