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Jonathan Turley

Breaking: Federal Court Declares NSA Program Unconstitutional

NSA Seal

U.S. District Court Judge Richard Leon has handed down a blockbuster decision this afternoon finding that the massive National Security Agency surveillance program is unconstitutional – a view shared by many constitutional scholars including myself. The decision is not only a courageous defense of privacy but a reaffirmation of the integrity and independence of the courts.

While President Obama often insists that his authority for such surveillance is clear, the Justice Department has fought mightily (and until now successfully) to block all major challenges of the program from securing judicial review. The decision is also an embarrassment to the “reform” boards set up by the White House, including one that just released its findings on the NSA program (including the assurance that the NSA program is perfectly legal).

The Review Board conclusions were leaked by officials, which noted that the board found that the NSA is operating within the laws. This was the day before Leon issued his ruling saying that the NSA was flagrantly violating the Constitution. Many of us have questioned the hand picked boards, including a privacy board that has yet to issue its recommendations, in the wake of the Snowden scandal.
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Rep. Rogers To The French: You’re Welcome

Mike Rogers

Europeans are upset after learning that, in addition to capturing the email and phone records of Americans, the NSA has been doing the same to them in a global assault on privacy. This includes leaders of allied nations. The United States is now viewed as an international rogue nation with no respect for the law or privacy or even loyalty. Now into this explosive environment has jumped Rep. Mike Rogers (R-Mich.), chairman of the House Intelligence Committee. Rogers responded directly to the French and said that this is all a “good thing” and the French really “applauding and popping champagne corks” for keeping them all under surveillance and destroying any notion of privacy.

Rogers truly personifies the new mentality of the surveillance state created under President Obama. While George Bush sought to expand sought surveillance, it was Obama who succeeded in getting Democrats and other politicians to embrace the new security state and a transparent society model. What is most striking is how members, particularly those supposed to be exercising oversight of these agencies, have become virtual spokespersons for the security state.
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