Judge: NSA Spying Violates 4th Amendment

by JOSH GERSTEIN | Politico
December 16, 2013

A federal judge ruled Monday that the National Security Agency program which collects information on nearly all telephone calls made to, from or within the United States is likely unconstitutional.

U.S. District Court Judge Richard Leon found that the program appears to violate the Fourth Amendment ban on unreasonable searches and seizures. He also said the Justice Department had failed to demonstrate that collecting the information had helped to head off terrorist attacks.

Acting on a lawsuit brought by conservative legal activist Larry Klayman, Leon issued a preliminary injunction barring the NSA from collecting so-called metadata pertaining to the Verizon accounts of Klayman and one of his clients. However, the judge stayed the order to allow for an appeal.

“I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying it and analyzing it without judicial approval,” wrote Leon, an appointee of President George W. Bush.

The preliminary injunction Leon granted Monday does not require him to make a definitive ruling on the constitutional questions in the case, but does take account of which side he believes is more likely to prevail.

8 Comments - what are your thoughts?

  • mudguy1 says:

    If this makes it to the SCOUS Judge Roberts will rule it Constitutional.

  • JONDO says:

    Which laws do we have to go by ? The ones on the books or the ones Obama makes up as he goes, right under congresses nose.

  • DouglasDauntless says:

    But no Senators or Congressmen have stepped forward to stop the NSA. They all voted for it with New World Order G. Bush Jr.

  • TexRancher says:

    If this action is upheld, when will we be seeing people going to jail? After all, the law is the law as any judge in traffic court will tell you!
    Also remember, a fish rots from the head down!

  • James says:

    Well duh, it does not take a Judge, or even a lawyer, to know that. It will take a judge with gut to slap Obama down for doing it. Is he willing?

  • WiSe GuY says:

    If it came from 0bama, it’s a failure in the making, & it will never work.

    1. Gnowark says:

      Actually, with a 1 million to 1 chance of working, BO normally keeps shoveling our money at it until it is replaced by an even more stupid idea (and there is no dearth of stupid ideas).

      1. Bill T Smith says:

        Thats why the obozzo failed his law college and refuses to show his records for it shows he attended college not as a us cititzen but as is protectiin the illegals

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