[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Trump Rant on Fox and Friends ( This is rather cringe inducing)

HILLARY’S MONEY LAUNDERING SCHEME

Harry Reid Claims Republicans Have ‘Decimated’ Federal Government

Chicago Is Trying to Pay Down Its Debt by Impounding Innocent People’s Cars

Iran's Khamenei urges Muslim nations to unite against U.S.: state TV

Did North Korea kill off its own nuclear testing capability?

Migrant 'caravan' at U.S.-Mexico border prepares for mass crossing

The 9/11 Commission Didn’t Believe the Government … So Why Should We?

Shocker! American Steel Prices Spiked in April. Hmm, I wonder why....

Staff replace traditional analogue clocks with digital ones in exam halls… because pupils can’t tell the time

Citing ‘Conclusive Evidence’ of Explosives, Families of Victims File Petition to Re-Open 9/11 Investigation

Are Cop-Assisted Promposals Charming or Alarming?

Is Russia Sponsoring Terrorism?

7 Forces Driving America Toward Civil War

FDA Approves Use Of Marijuana Derived CBD Drug For Epilepsy On Eve Of 4-20

Cops Accost Pro-2nd Amendment Parkland Survivor Over Gun Range Photos

Is the U.S. Government Evil? You Tell Me

Cops Knock Man Off Bicycle, Then Make Up Charges and Arrest Him to Justify It

Calexit gets go-ahead to start collecting signatures

Uranus Smells Like Rotten Eggs

Suicide of the West HOW THE REBIRTH OF TRIBALISM, POPULISM, NATIONALISM, AND IDENTITY POLITICS IS DESTROYING AMERICAN DEMOCRACY By JONAH GOLDBERG s

Total Control: New Measures Toward Global Totalitarianism

Civic Anarchism and Statism: I Believe in the State

'A Man Without Courage': Dershowitz Slams Comey for Leaking Trump Memos

Comey, the memos and the question of what’s classified

The 10 Highest BACs Ever Recorded (You are supposed to be dead at 0.4)

Woman fined $500 for saving free Delta Air Lines apple

Under attack, the FBI becomes a partisan battleground

Dad, Why Do I Have To Go To School?

Michigan town’s feud over military gear gets ugly

Democrats are getting desperate as Mueller stalls

Entire County Refuses to Obey New Gun Control Law, Declares Itself Gun Owner Sanctuary

Body Cam Shows Cops Never Got Out of Car to Look for Trapped Boy as He Died Right By Them

Penn State's 98-Year-Old Outing Club Is No Longer Allowed to Go Outside

14 Years Ago, Pat Tillman Was Killed and Gov’t Covered Up the Truth to His Death to Sell War

Strange Sounds in the Sky 2018

Strange Sounbds in the Sky 2018

Why I Won't Read James Comey's Book

The Sequel on The Conservative Cave on 22 Apr 2018

Hundreds of Muslims from Bangladesh breaching US border at Laredo, Texas

Revealed: Robert Mueller's FBI Repeatedly Abused Prosecutorial Discretion

A Pelosi joke

Mitt Romney fails to secure Utah GOP nomination, will face primary

Giuliani Looks To Swiftly End Mueller's Investigation

Man makes pipe-guns from scrap, sells them to gun “buyback” program for $300

Rocket Man no more: North Korea suspending nuclear and ICBM testing

Meanwhile in Sweden: Shootings And Grenade Attacks Are So Common, the Media Doesn’t Bother to Report Them Anymore (VIDEO)

Interview With Boy In ‘Chemical Attack’ Video: ‘We Didn’t See Any Chemical Attack Symptoms’

The Comey Memos Read Like The Diary Entries Of A Young Teenager

The Democratic (Democrat-Communist) Party filed a lawsuit alleging a conspiracy by Russian officials, the Trump campaign and Wikileaks to damage the Clinton campaign


Status: Not Logged In; Sign In

U.S. Constitution
See other U.S. Constitution Articles

Title: Congress Plotting to Cut a Hole in the 4th Amendment, Again
Source: Lew Rockwell
URL Source: https://www.lewrockwell.com/2018/01 ... le-in-the-4th-amendment-again/
Published: Jan 11, 2018
Author: Andrew P. Napolitano
Post Date: 2018-01-11 07:32:34 by Deckard
Keywords: None
Views: 51
Comments: 1

Hidden beneath the controversy stirred up last week by the publication of a book called “Fire and Fury,” a highly critical insider’s view of the Trump White House that the president has not only denounced on national television but also tried to prevent from being published and distributed, are the efforts of the Trump administration and congressional leadership to bypass the Fourth Amendment to the Constitution.

Here is the back story.

After the excesses of the Watergate era, during which the Nixon administration used the FBI and the CIA unlawfully to spy without warrants on the president’s real and imagined domestic political opponents, Congress passed the Foreign Intelligence Surveillance Act. FISA prohibited all domestic surveillance except that which is pursuant to warrants signed by federal judges.

The Fourth Amendment — which guarantees privacy in our persons, houses, papers and effects — permits the government to invade that privacy only when a judge has signed a warrant that authorizes surveillance, a search or a seizure. And judges may only issue warrants when they have found probable cause to believe that the government surveillance or invasion of the target’s privacy will produce evidence of criminal behavior. The Fourth Amendment further requires that the judicial warrant describe specifically the place to be searched or the person or thing to be seized.

All these requirements are in the amendment so as to prevent any court from issuing general warrants. Before the Constitution, general warrants were issued by British courts that met in secret in London. They were not issued based on probable cause of crime but issued based on the government’s wish to invade the privacy of all Americans living in the Colonies to find the more rebellious among them. This was the king and Parliament’s version of protecting national security.

General warrants did not describe the place to be searched or the person or thing to be seized. They authorized the bearer — usually a British soldier physically located in the Colonies — to search where he wished and seize whatever he found.

FISA did not interfere with the standard understanding or use of the Fourth Amendment by the government and the courts. But it did add another way for the government to invade privacy when its wish is to surveil people for national security purposes — a return to general warrants — as opposed to solely gathering evidence of crimes.

The FISA-created procedure, enacted in defiance of the Fourth Amendment — which makes no distinction between government evidence gathering and government intelligence gathering — permits a secret court in Washington to issue general warrants based on the government’s need to gather intelligence about national security from foreigners among us. It pretends that the standard is probable cause of foreign agency, but this has now morphed into the issuance of general warrants whenever the government wants them.

Since 1977, the Foreign Intelligence Surveillance Court has issued well over 99 percent of the warrants that the government has requested. And these warrants do not specifically describe the place to be searched or the person or thing to be seized. A typical FISC-issued warrant authorizes government surveillance on all landlines, mobile devices and desktop computers in a given area or ZIP code. One infamous FISC-issued search warrant permitted the feds to surveil all Verizon customers in the U.S. — in excess of 115 million people — without any evidence of crime or even suspicion about any of them.

Now back to the Trump administration’s work below the radar. Even in the fresh aftermath of 9/11, when the government’s respect for constitutional norms was at a lamentably low point, the government interpreted the Fourth Amendment as requiring the government to separate its intelligence functions from its law enforcement work. The government recognized that its trigger for mass surveillance — namely, looking for a foreign agent among the populace — was a far lower standard than probable cause of crime, which is what the Fourth Amendment requires.

Today, the federal government’s computers are permanently connected to the mainframes of all telecoms and computer service providers in America, so the spying is in real time. Today, the federal government employs more than 60,000 domestic spies — one spy for every 5,500 Americans. Today, if any of them come across evidence of crimes while listening to your telephone calls or reading your texts or emails ostensibly for intelligence purposes, there is little they can do about it.

Until now.

Now, hidden beneath the “Fire and Fury” controversy is the muffled sound of the Trump administration and Republican congressional leaders plotting the enactment of an addition to FISA that would permit the use of evidence of crimes in federal court even when it is discovered during mass surveillance authorized by general warrants.

If enacted, this radical, unconstitutional hole in the Fourth Amendment would bring the country full circle back to the government’s use of general warrants to harass and prosecute — general warrants so odious to our forebears that they took up arms against the king’s soldiers to be rid of them.

I am surprised that President Donald Trump supports this. He has himself been the target of unlawful foreign surveillance and unconstitutional FISC-authorized domestic surveillance. “Fire and Fury” even quotes former British Prime Minister Tony Blair warning a newly elected Trump about this. And now he wants to unleash upon us all the voracious appetite for surveillance that was unleashed upon him and prosecute us for what is found, the Constitution be damned.

Whatever happened to the public promise to preserve, protect and defend the Constitution as it is written? That’s in the oath all in government have taken. That is the oath that the president and his Republican allies reject.

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

#1. To: Deckard, general warrants, British King, savior, *Bill of Rights-Constitution* (#0)

the Trump administration and Republican congressional leaders plotting the enactment of an addition to FISA that would permit the use of evidence of crimes in federal court even when it is discovered during mass surveillance authorized by general warrants.

King George the savior, with a halo

hondo68  posted on  2018-01-11   8:35:02 ET  (1 image) Reply   Trace   Private Reply  


TopPage UpFull ThreadPage DownBottom/Latest

[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Mail]  [Sign-in]  [Setup]  [Help]  [Register] 

Please report web page problems, questions and comments to webmaster@libertysflame.com