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Gary Edwards

Limbaugh on Obama's 'Chip on His Shoulder,' the Phenomenon of the 'Not-Romney' and the GOP's Fear of Conservatives - Interviews - On the Record - Fox News - 0 views

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    Awesome!  Once again Rush takes us to school. excerpt: VAN SUSTEREN: I guess I mean a motive to -- an intentional motive to hurt the country, versus his (Obama) ideology is one that the way you achieve ideals is different values. LIMBAUGH: This is the question. We are living under a number of assumptions about Obama that have been presented to us by elites of both parties. One of the illusions is Obama's brilliant, that he's smarter than anybody else in the room, messianic. We have never had a politician like this in our midst, we were told in 2007, 2008. Nobody like Obama has ever trod our soil. He was going to unify us. The world was going to love us again. It's going to lower the sea levels. I mean, ridiculous stuff. So the question is, is he just dumb? Does he really believe this economic stuff? Does he really believe that taking capital, money out of the private sector and transferring it to government and unions is the way you grow the private sector? Is that the way (INAUDIBLE) Does he really believe that? Is he that ill educated? Is he the product of nothing other than the American education system and whoever influenced him at home when he was young? Or is he an ideologue? Is he a Marxist socialist who has an agenda that's oriented toward cutting the country down to size? I mean, that's the question. For me, the answer to the question is irrelevant. I think that whatever he's doing, why he's doing it, it's obvious he is doing it. He is taking steps, these 10 policies that are injurious to the country, injurious to individuals, targeting as the enemy the people who work in this country, targeting as the enemy that people that pay taxes. This business of this Occupy Wall Street crowd, which is his -- it was created I think on the basis that Romney was going to be the Republican nominee. Romney's Wall Street, so you get Obama's band out there, Occupy Wall Street, protesting. It was set up to oppose Romney -- Wall Street blamed for all these ills in the e
Gary Edwards

George Soros on the Coming U.S. Class War:      Information Clearing House - 0 views

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    Excellent story on George Soros, the epitome of evil.  The man who seeks to destroy America and the ideals of individual liberty and natural rights.  Of course, Soros claims to be anything but the evil Bankster who backs Obama and international ruling elites seeking to take out the American Constitution, and replace it with a socialist-militarist-corporatist governance under the command and control of international Banksters. One thing not covered in this story is how the reptillion Soros rose within the ranks of the Bankster illuminati?  Who staked his 1972 hedge fund innovation?  Who helped him escape first National Socialism, and then International Socialism, to become the primary mover of a new International socialism run by international Banksters?  excerpt: To many, the idea of Soros lecturing the world on "evil" is, well, rich. Here, after all, is an investor who proved-and profited hugely from-the now much-derided notion that the market, or in his case a single investor, is more powerful than sovereign governments. He broke the Bank of England, destroyed the Conservative Party's reputation for economic competence, and reduced the value of the pound in British consumers' pockets by one fifth in a single day. Soros the currency speculator has been condemned as "unnecessary, unproductive, immoral." Mahathir Mohamad, former prime minister of Malaysia, once called him "criminal" and "a moron." In the U.S., where the right still has not forgiven him for agitating against President George W. Bush and the "war on terror" after 9/11, which he described as "pernicious," his prediction of riots on the streets-"it's already started," he says-will likely spark fresh criticism that Soros is a "far-left, radical bomb thrower," as Bill O'Reilly once put it. Critics already allege he is stoking the fires by funding the Occupy movement through Adbusters, the Canadian provocateurs who sparked the movement. Not so, says So
Gary Edwards

The Libertarianism FAQ - 0 views

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    Ever wonder about the difference between Libertarians and Conservatives?  How about Libertarians and Liberal Socialist?  This quick Libertarian FAQ does an excellent job describing Libertarianism and contrasting it with other political-moral-econmomic belief systems.
Gary Edwards

RSA Animate - Crises of Capitalism - YouTube - 0 views

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    Excellent white board illustrated discussion on capitalism and the financial crisis.   I have a question though?  How do you discuss capitalism without also discussing borrowing, interest rates and dividends?  Seriously.  No mention of interest rates?  No mention of the relationship between GOLD, commodities and fiat money?   Yes, the Banksters collapsed the world economy with the willing consent of corrupt crony politicians.   The corruption and practice of crony corporatism is NOT Capitalism!  It's fascism.   Nor are the bailouts of the Banksters and big unions capitalism!  In capitalism there is no such thing as a government bailout or two big too fail.  Capitalism would have put the Banksters into the dirt without blinking. There is an interesting transection where the cartoonist suggest that global corporatism demanded capital from creative financiers.  And that caused the the problem.  Seems the Banksters got too too creative. I disagree with this perspective, and am left wondering how the connection between global commerce and creative "casino" financial instruments are natural consequences of each other?  It's a commonly held belief that global explosion was due to the a Reagan - Thatcher conservative revolution where one of the key corporate organizing principles was that of the "franchise" backed by IPO style public stock offerings.  Clowns like Warren Buffett gobbled up tons of Coca Cola and McDonalds stock, waiting for global trade barriers to fall in the wake of Reagan - Thatcher liberty.  When the Soviet Union collapsed, the "walls" truly did come down.  And USA corporations were uniquely positioned and structured to roll out globally. That doesn't have anything to do with the kind of creative casino gambling that brought the world to it's knees.  What do exotic financial derivatives have to do with funding corporations?  Yes, they were used to hedge financial positions as sovereign governments were maddeningly borrowing and s
Joe La Fleur

The Liberal Media's History of Falsely Blaming Conservatives for Massacres | MRCTV - 1 views

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    LIBERAL DEMOCRATS LIE
Gary Edwards

How can Obama say the economy is getting better? | Western Free Press - 0 views

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    Devastating charts comparing the percentage of Americans in the work force from January 2000 through February 2012.  The most interesting numbers show that the recession began in December of 2007, and ended in June of 2009 - yet it is after that June 2009 date that the % of Americans in the workforce begins to drop like a rock!  This is after the Obmaulous stimulous $1.2 Trillion, the Federal Reserve Bankster Cartels secret $16.1 Trillion, and, the magnificent cash-for-clunkers crap. Meanwhile, back in la la land, Obama thinks the problem is that we all need free contraceptives, free abortions and free sex-change coverage in our health insurance.  The Obama Spend-Borrow-Bail train has left the station.  Next stop?  War with Iran.  More powerful a phony narrative than contraceptives, abortions, and fear of a conservative repubican praying in the White House.  Besides, those bastards are refusing to use the dollar as the settlement currency for their oil sales!  Time to put them in the dirt along with that rogues gallery of tyrants who also defied the Federal Reserve International Bankster Cartel, demanding settlement currencies measured in GOLD instead of paper dollars; gallery includes notables such as Saddam Hussein, Muammar Gaddafi, and the Shah of Iran. Nothing like the Marines and the Seventh Fleet being unleashed to turn around the dismal poll numbers stubbornly connected to the even more dismal disaster known throughout the hinterland of bitter clingers as the economic truth. excerpt: Is President Obama relying on the Bureau of Labor statistics to manipulate the unemployment numbers to make them look better than they are? The real rate is probably more like 11.5%, and we have seen analyses that indicate that unemployment hasn't actually fallen at all under Obama: So what is going on here? The big problem is that people are giving up. Obama and the Democrats' job-killing regulations and climate of uncertainty are stifling innovation and inv
Gary Edwards

Catherine Engelbrecht Congressional Testimony Against the IRS | The Rugged Individualist - 0 views

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    Congressional testimony concerning IRS Targeting of Conservative Tea Party Patriot Groups. Heart breaking stuff. The IRS and US Government targeted this woman's family and business because her political beliefs and belief in the USA Constitution run counter to the needs of Obama and his army of big government bureaucrats.
Gary Edwards

The Ten Policy Changes Cruz Thinks Can Transform America - Tea Party Command Center - 1 views

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    "Sen. Ted Cruz (R-TX)  today advocated "a straightforward and bold, positive agenda to inspire the young, to inspire women, to inspire Hispanics, to inspire everybody" during his speech at the Conservative Political Action Conference. Here are the ten items he called on Americans to do going forward:"
Paul Merrell

German Politician Urges Restrictions on US Contractors Passing Data to NSA - 0 views

  • U.S. contracting companies such as Cisco, which manages much of the German armed forces' data, should be contractually barred from passing sensitive information to the U.S. security services, a spokesman for Chancellor Angela Merkel's conservatives was quoted saying.   German news magazine Focus on Saturday cited Hans-Peter Uhl, parliamentary spokesman on interior policy for the conservatives, as saying Cisco needed to be required by contract not to pass sensitive material to the U.S. National Security Agency (NSA).   He said the German government wanted to monitor U.S. contracting companies more closely in future.
Gary Edwards

IRS Lawyer Carter Hull Confirms Tea Party Targeting Ordered By Washington - Investors.com - 0 views

  • Hull has confirmed the premeditated targeting of Tea Party groups went even higher than him or Lerner.
  • Apparently not only Tea Party groups were targeted but actual candidates as well. On March 9, 2010, the day Tea Party candidate Christine O'Donnell revealed her plan to run for Vice President Joe Biden's former Delaware Senate seat , an IRS tax lien was placed on a house purported to be hers, an action that was quickly publicized by those who did not wish her well.
  • Earlier this year, Dennis Martel, special agent with the Department of Treasury in Baltimore, left a message on O'Donnell's cell phone telling her that an official in Delaware state government had improperly accessed her records on that very same day. The problem was that the house was not hers in the first place and the IRS eventually blamed the lien on a computer glitch and withdrew it.
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  • To us it is inconceivable that one of only two political appointees was directly involved in targeting of Tea Party groups without White House knowledge and consent. It is said the fish rots from the head, and this one is really beginning to stink.
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    This has gone way too far.  The 2012 elections must be nullified and rescheduled.  Tens of millions of American citizens have been systematically targeted, their civil and Constitutional rights destroyed, and their voices and votes politically eliminated by a massive government conspiracy.  The 2012 election is a fraud.  And nothing short of complete nullification and recall, and the termination of the IRS will do the great Republic justice. excerpt: Scandal: A retiring IRS lawyer implicates the IRS chief counsel's office, headed by an Obama appointee, as well as the head of the IRS' exempt organizations office. The targeting included a Tea Party Senate candidate. In Thursday's hearing before the House Oversight Committee, 72-year-old retiring IRS lawyer Carter Hull implicated the IRS chief counsel's office headed by William J. Wilkins, who attended at least nine White House meetings, and Lois Lerner, head of the exempt-organizations office, in the IRS scandal. In so doing, he made clear the targeting of Tea Party groups started in Washington and was directed from Washington. A tax-law specialist with 48 years of IRS experience, Hull testified that Lerner, the former head of the exempt organizations division, demanded that he send some of the reviews of Tea Party groups to the IRS chief counsel's office in Washington. The chief counsel is one of two political appointees in the IRS. According to Hull's testimony, Lerner, who famously pleaded her Fifth Amendment rights before the same committee, gave an atypical instruction that the Tea Party applications undergo special scrutiny that included an uncommon multilayer review that involved a top adviser to Lerner as well as the chief counsel's office. Hull's name came up earlier in the testimony of Holly Paz, a D.C.-based supervisor in the IRS's tax-exempt status division, who reported to Lerner. It was on May 22, the day after Paz was interviewed by investigators, that Lerner refused to answer questions from
Gary Edwards

Have a T-P Pre-Primary to avoid sure defeat // Implement a drive to recruit and organize into each precinct - Tea Party Command Center - 1 views

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    "This discussion needs your direct support or direct critique that I might respond.  Other idea's please start in a new discussion (note: this has been revised after 400+ comments, but if possible read all of them) thank you for your time: (revised July 20th,'13) I thought it would be helpful (stike that, it's absolutely imperative!!!!)  to have a T Party pre-primary prior to the RINO primary so we wouldn't split our vote.  That thread sort of grew to the following two steps: The following two step approach would require a temporary meeting of the minds from the various larger conservative Tea Party factions for the following purposes:: 1. Having a pre-primary to avoid the late RINO primary so we avoid splitting our vote and being able to get out there now to campaign because we have some serious hills to climb (our message, government news and funding etc.). But the main point here is that we always split our votes in the regular RINO primary, we need to avoid this.  We need some sort of (temporary or other) unified effort of all the un-unified groups for this purpose.  Make sure you don't miss a word utilized here and that the whole 'idea' is understood.  Along with this we also need to have the above bonded with the following item number 2, as follows: 2. Implement a plan to organize and recruit deep into every precinct of the T-Party. This would include the larger T-P groups to supply their associated local smaller groups with solid information to be distributed and used as a means to educate both door to door and if possible via ads in their local news papers when feasible. (with an increase in some recruiting, this can work - I've checked out the cost). We have great web sites on the internet but many republican's, democrats and independents don't go there.  We need a serious ground team for all of our upcoming elections.  Many of our small groups are getting smaller and many not associated would like to be contacted by us.  Our idea's
Gary Edwards

Doug Hagmann: The Embassy Threat, Proxy War - America Conservative 2 Conservative - 0 views

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    The real story behind Benghazi, Syria and WWIII. excerpt: "Benghazi exposed .... It was shortly after the September 11, 2012 attack in Benghazi that I wrote in explicit detail the actual reason for that attack. Thanks to a highly placed source in the intelligence venue, readers learned the truth ten months before the corporate media finally acknowledged that the compound in Benghazi was the operations center for a large CIA weapons smugglin... where Libya was being used as a weaponsstorage depot to arm the anti-Assad "rebels." The attack at Benghazi was described by this administration and the Clinton State Department as a spontaneous protest over an internet video, although that narrative was proven to be a lie. It was a lie they continued to stick with to hide the fact that the U.S., in conjunction with other NATO allies, were actually doing the work of Saudi Arabia. But why - who benefits? To understand the answer to that question, we must look at what Saudi Arabia is and how the Saudi royals came to power. Much like the U.S., the nation of Saudi Arabia itself is a captured operation, established by a cabal of globalists for the sake of oil. It would be helpful to understand the role Aramco and other oil interests played in the establishment of the Saudi power structure. As the Obama regime continued forward to advance this Saudi-globalist agenda, Russia's Putin warned the U.S. that the insanity of destabilizing Syria was not in their best interests, and certainly not in ours. When the warnings were not heeded, proxy groups for Russia, Syria and Iran, in the form of Ansar al Sharia and AQIM launched a deadly assault on the CIA operations center in Benghazi. The continued pressure of possibly exposing the true nature of the activities in Benghazi, from the illegal arms trafficking in violation of international law to the attack itself, became a serious annoyance to the globalist planners and the Obama subjects to the Saudi royals. The assistanc
Gary Edwards

Articles of Impeachment Against Obama - 0 views

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    Sarasota, FL ( August 12, 2013) - The National Black Republican Association (NBRA) based in Sarasota, FL, headed by Chairman Frances Rice, filed Articles of Impeachment against President Barack Obama with the following language.   We, black American citizens, in order to free ourselves and our fellow citizens from governmental tyranny, do herewith submit these Articles of Impeachment to Congress for the removal of President Barack H. Obama, aka, Barry Soetoro, from office for his attack on liberty and commission of egregious acts of despotism that constitute high crimes and misdemeanors.   On July 4, 1776, the founders of our nation declared their independence from governmental tyranny and reaffirmed their faith in independence with the ratification of the Bill of Rights in 1791.   Asserting their right to break free from the tyranny of a nation that denied them the civil liberties that are our birthright, the founders declared:   "When a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."  -  Declaration of Independence, July 4, 1776.   THE IMPEACHMENT POWER   Article II, Section IV of the United States Constitution provides: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."   THE ARTICLES OF IMPEACHMENT   In his conduct of the office of President of the United States, Barack H. Obama, aka Barry Soetoro, personally and through his subordinates and agents, in violation or disregard of the constitutional rights of citizens and in violation of his constitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, in that:   ARTICL
Gary Edwards

What the hell just happened? 'Tyranny By Executive Order' | by Constitutional Attorney Michael Connelly, J.D. | RedFlagNews.com - 0 views

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    "What the hell just happened? That is the question that many Americans should be asking themselves following the news conference where Obama unveiled his plan for destroying the Bill of Rights to the U.S. Constitution. At first glance it appeared to be a case of Obama shamelessly using the deaths of innocents, and some live children as a backdrop, to push for the passage of radical gun control measures by Congress. Most of these have no chance of passing, yet, Obama's signing of Executive orders initiating 23 so called Executive actions on gun control seemed like an afterthought. Unfortunately, that is the real story, but it is generally being overlooked. The fact is that with a few strokes of his pen Obama set up the mechanisms he will personally use to not only destroy the Second Amendment to the Constitution, but also the First, Fourth, and Fifth Amendments. It will not matter what Congress does, Obama can and will act on his own, using these Executive actions, and will be violating both the Constitution and his oath of office when he does it. Here are the sections of the Executive Order that he will use: "1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background-check system." What exactly is relevant data? Does it include our medical records obtained through Obamacare, our tax returns, our political affiliations, our military background, and our credit history? I suggest that all of the above, even if it violates our fourth Amendment right to privacy will now be relevant data for determining if we are allowed to purchase a firearm. "2. Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background-check system." This should be read in conjunction with section 16 of the order that says: "16. Clarify that the Affordable Care Act does not prohibit doctors
Paul Merrell

Cops And Second Chances In America | Popehat - 0 views

  • Officer Rush's arguments were ultimately rejected: Karla Rush, an officer based in East Oakland, faced especially severe charges. Of the 40 search warrants she had filed between March of 2007 and August 2008, 39 were fraudulent. Rush claimed that her misconduct was the result of poor training, but an arbitrator rejected her assertion, saying, "telling the truth is not a matter of training," according to court documents.
  • But isn't this America? Isn't Karla Rush an American? Isn't America a place where people like Carlos Danger get second chances? Yes. Yes it is. So Karla Rush — fired for multiple fraudulent search warrant applications — is employed as a law enforcement officer again. Maybe this isn't a shock to you. The criminal justice system decides to rely upon (and often conceal the misconduct of) dirty cops all the time. Just look at cops like Armando Saldate, Jr. in Arizona. Karla Rush probably got re-hired by some ultra-conservative small town department in some red state, right?
  • Yep. That's right. UC Berkeley — the hobgoblin of conservatives, the famously nutty liberal enclave — re-hired a police officer fired for filing fraudulent search warrants. After all, what's important in hiring a police officer?
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  • Now, citizen, if you're concerned that misconduct is too easily forgiven and ignored in our society, take heart: the vast majority of people who get in serious trouble experience life-altering consequences that prevents them from ever getting similar jobs again, even after any draconian criminal sentences. Felony convictions, for instance, reliably keep people out of most positions of responsibility, not to mention housing, loans, youth activities, etc. So don't worry: the class of people who can commit grave misconduct with few long-term consequences is usually limited to law enforcement and, you know, banks and stuff. We want to be safe, right? So why should it bother us that, even in hotbeds of "liberalism," law enforcement misconduct generates little more than a shrug? Why should we be concerned that the "left" — once reliably protective of the rights of the accused — is now often a mouthpiece for "law and order" and contemptuous of the rights of the accused?
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    The author, Ken White, is a former U.S. Dept. of Justice criminal prosecutor, a Libertarian, but he plays no favorites; he's also a civil libertarian and a leader in protection of First Amendment rights. He's one of my favorite bloggers. He has a real gift for sarcasm, which shines all over this gem. Well worth the read; this is a shining example of exemplary writing.
Gary Edwards

Can Inner-City Gangsters Be Stopped? - LewRockwell.com - 1 views

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    Solid libertarian thinking applied to a problem that continues to confound democrat socialists and republican statists. One thing missing from this excellent analysis; "follow the money". There are reasons for the madness of the left and the right. Follow the money and follow the power of government. excerpt: "Gang violence is afflicting some of our major cities, Chicago chief amongst them. As I write, there are reports coming in regarding a shooting of 13 people at a basketball court in the Second City. Fortunately, no one was killed in this episode. But a three year old boy is now in critical condition as a result of being shot, and the not unreasonable expectation is that retaliation from the aggrieved gang toward the perpetrators of this particular act will soon follow. According to USA Today, this bout of gunfire was due to a dispute between the Gangster Disciples and the Black P Stone Nation gang.  Neither is likely to sue the other in a court of law to settle their grievances with each other. The purpose of the present essay is to offer the libertarian solution to this problem of inner city gangs, shootings, violence. How can we radically reduce if not entirely eliminate these acts of barbarism? But before we offer the correct (e.g., libertarian) analysis of this situation, let us consider those offered, and now often implemented, by our friends on the left and the right. (We libertarians fit into neither of these categories. We are neither "liberals" nor "progressives" nor "socialists" nor "communists" nor "neighborhood organizers" nor "left-wingers" nor "Democrats."  Nor are we "conservatives" or "right-wingers" or "fascists" or "constitutionalists" or "Republicans." We are something apart and separate from both of them. We are libertarians. Hear us ROAR! )"
Gary Edwards

Revealed: Obama's Immense Shadow Army & Its Shocking Takeover Plan - 1 views

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    Is the ObamaCare train wreck a wreck by design? Another notch in the Bankster belt marking another step in the bankrupting of America? Revealed: Obama's Immense Shadow Army & Its Shocking Takeover Plan October 26, 2013  //  By: Eric Odom  //   The ObamaCare train wreck - it's awful, possibly purposeful, certainly useful for team Obama and its growing army of community activists and organizers. In a previous report, we explored the question, "What if the ObamaCare debacle is really a diversion, using a military term a "feint" - a tactical distraction to draw our attention, our focus and our fire away from the real point of attack on liberty?" Remember that horrible train wreck in Spain not long ago, captured on video? As tragic as it was, watching the crash and its gruesome aftermath was almost irresistible, wasn't it? Well, what if the disastrous rollout of the President's signature legislative achievement - what if this spectacular slow motion ObamaCare train wreck has been and is being allowed to happen so that what's going on around the bend from the fiery crash site gets little attention, from the public, from the media or from Congressional investigators? Think about it, friends. How could Barack Obama and his celebrated team of incredibly proficient, plugged in techies - the team that twice got him elected - be behind the utterly disastrous launch of the ObamaCare online storefront, healthcare.gov - arguably the biggest website failure in history? How could so much money have been spent to produce such a problem-plagued site that apparently was doomed in its developmental confusion? And how to fix this monumental mess, well, there doesn't seem to be any clear plan…other than hope. And now we learn that many, if not most, of the people actually signing up for ObamaCare through the website are enrolling in Medicaid, not signing up for private insurance policies they pay for, but adding their names onto government roll
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    There is no doubt in my mind that corporations (and their Chamber of Commerce boot licking lackys) believe that employer provided healthcare benefits was a HUGE MISTAKE. The key feature of ObamaCare is that of ENDING the HMO-Employee Healthcare profit draining quagmire these corporations somehow stumbled into. (Hint: they traded healthcare benefits for wide open government assisted Globalization - the new world order Merchantilism). IMHO, the insurance companies know full well that the entire HMO-Employee Healthcare bandwagon is going to end. Not because of socialism; because of profit hungry out of control mercantilism. So they are trying to cut the best deal possible with the government. The merchantilist doesn't care that their employees are going to suffer. They only care that this cost and the blame for losing the benefit is moved from their books to the government. Nor does the merchantilist care about protecting our borders. They want cheap labor. Even if the social cost of that cheap labor lands on the government and destroys the nation. That's why the merchantilist and his Bankster financiers support Open Borders. The merchantilist could care less about the trade deficit and the massive transfer of American manufacturing jobs overseas. As long as they can sell their junk back into the USA market without a 33% import tax these bastardos are happy to destroy their country. I wonder whose army and navy will secure their investments when the USA no longer can? Are their private armies enough? Just wondering.
Paul Merrell

NSA phone surveillance program likely unconstitutional, federal judge rules | World news | theguardian.com - 0 views

  • A federal judge in Washington ruled on Monday that the bulk collection of Americans’ telephone records by the National Security Agency is likely to violate the US constitution, in the most significant legal setback for the agency since the publication of the first surveillance disclosures by the whistleblower Edward Snowden. Judge Richard Leon declared that the mass collection of metadata probably violates the fourth amendment, which prohibits unreasonable searches and seizures, and was "almost Orwellian" in its scope. In a judgment replete with literary swipes against the NSA, he said James Madison, the architect of the US constitution, would be "aghast" at the scope of the agency’s collection of Americans' communications data. The ruling, by the US district court for the District of Columbia, is a blow to the Obama administration, and sets up a legal battle that will drag on for months, almost certainly destined to end up in the supreme court. It was welcomed by campaigners pressing to rein in the NSA, and by Snowden, who issued a rare public statement saying it had vindicated his disclosures. It is also likely to influence other legal challenges to the NSA, currently working their way through federal courts.
  • In Monday’s ruling, the judge concluded that the pair's constitutional challenge was likely to be successful. In what was the only comfort to the NSA in a stinging judgment, Leon put the ruling on hold, pending an appeal by the government. Leon expressed doubt about the central rationale for the program cited by the NSA: that it is necessary for preventing terrorist attacks. “The government does not cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack,” he wrote.
  • Leon’s opinion contained stern and repeated warnings that he was inclined to rule that the metadata collection performed by the NSA – and defended vigorously by the NSA director Keith Alexander on CBS on Sunday night – was unconstitutional. “Plaintiffs have a substantial likelihood of showing that their privacy interests outweigh the government’s interest in collecting and analysing bulk telephony metadata and therefore the NSA’s bulk collection program is indeed an unreasonable search under the fourth amendment,” he wrote. Leon said that the mass collection of phone metadata, revealed by the Guardian in June, was "indiscriminatory" and "arbitrary" in its scope. "The almost-Orwellian technology that enables the government to store and analyze the phone metadata of every telephone user in the United States is unlike anything that could have been conceived in 1979," he wrote, referring to the year in which the US supreme court ruled on a fourth amendment case upon which the NSA now relies to justify the bulk records program.
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  • In a statement, Snowden said the ruling justified his disclosures. “I acted on my belief that the NSA's mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts," he said in comments released through Glenn Greenwald, the former Guardian journalist who received leaked documents from Snowden. "Today, a secret program authorised by a secret court was, when exposed to the light of day, found to violate Americans’ rights. It is the first of many.”
  • In his ruling, Judge Leon expressly rejected the government’s claim that the 1979 supreme court case, Smith v Maryland, which the NSA and the Obama administration often cite to argue that there is no reasonable expectation of privacy over metadata, applies in the NSA’s bulk-metadata collection. The mass surveillance program differs so much from the one-time request dealt with by the 1979 case that it was of “little value” in assessing whether the metadata dragnet constitutes a fourth amendment search.
  • In a decision likely to influence other federal courts hearing similar arguments from the ACLU, Leon wrote that the Guardian’s disclosure of the NSA’s bulk telephone records collection means that citizens now have standing to challenge it in court, since they can demonstrate for the first time that the government is collecting their phone data.
  • Leon also struck a blow for judicial review of government surveillance practices even when Congress explicitly restricts the ability of citizens to sue for relief. “While Congress has great latitude to create statutory schemes like Fisa,” he wrote, referring to the seminal 1978 surveillance law, “it may not hang a cloak of secrecy over the constitution.”
  • In his ruling on Monday, Judge Leon predicted the process would take six months. He urged the government to take that time to prepare for an eventual defeat. “I fully expect that during the appellate process, which will consume at least the next six months, the government will take whatever steps necessary to prepare itself to comply with this order when, and if, it is upheld,” wrote Leon in his opinion. “Suffice it to say, requesting further time to comply with this order months from now will not be well received and could result in collateral sanctions.”
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    This is the case I thought was the weakest because of poor drafting in the complaint. The judge noted those issues in dismissing the plaintiffs' claims under the Administrative Procedures Act, but picked his way through what remained to find sufficient allegations to support the 4th Amendment challenge. Because he ruled for the plaintiffs on the 4th Amendment count, the judge did not reach the plaintiffs' arguments under the First and Fifth Amendments. This case is about cellphone call metadata, which the FISA Court has been ordering cell phone companies to provide every day, with the orders updated every 90 days. The judge's 68-page opinion is at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2013cv0881-40 (cleaner copy than the Guardian's, which was apparently faxed). Notably, the judge, Richard Leon, is a Bush II appointee and one of the plaintiffs is a prominent conservative civil libertarian lawyer. The other plaintiff is the father of an NSA cryptologist who worked closely with SEAL Team 6 and was killed along with members of that team when their helicopter crashed in Afghanistan. I'll add some more in a comment. But digital privacy is not yet dead.
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    Unfortunately, DRM is not dead yet either and the court's PDF file is locked. No easy copying of its content. If you want to jump directly to the discussion of 4th Amendment issues, go to page 35. That way, you can skip past all the dreary discussion of the Administrative Procedures Act claim and you won't miss much that's memorable. In ruling on the plaintiffs' standing to raise the 4th Amendment claim, Judge Leon postulated two possible search issues: [i] the bulk daily collection of metadata and its retention in the database for five years; and [ii] the analysis of that data through the NSA's querying process. The judge had no difficulty with the first issue; it definitely qualifies as a search. But the judge rejected the plaintiffs' argument on the second type (which was lame), demonstrating that at least one federal judge understands how computers work. The government's filings indicated that a "seed" telephone number or other identifier is used as the query string. Judge Leon figured out for himself from this fact that the NSA of necessity had to compare that number or identifier to every number or identifier in its database looking for a match. The judge concluded that the plaintiffs' metadata --- indeed everyone's metadata --- had to be searched for comparison purposes *every* time the NSA analysts ran any query against the database. See his incisive discussion at pp. 39-41. So having established that two searches were involved, one every time the NSA queried the database, the judge moved on to the next question, whether "the plaintiffs had a reasonable expectation of privacy that is violated when the Government indiscriminately collects their telephony metadata along with the metadata of hundreds of millions of other citizens without any particularized suspicion of wrongdoing, retains that metadata for five years, and then queries, analyzes, and investigates that data without prior judicial approval of the investigative targets." pg. 43. More later
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