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think

(11,641 posts)
Mon Jun 10, 2013, 01:01 PM Jun 2013

The FISA court already found the NSA has violated the constitution in some instances

So why should it surprise anyone that an IT analyst working for a private contractor on behalf of the NSA can produce documents that corroborate the decision made by the FISA court?

In case you didn't hear about this ruling that is because the ruling has been classified by the DOJ. That's right. A secret court's ruling on the constitutionality of the NSA's actions has been rendered TOP SECRET.

Please note the bold emphasis on the two statements a US Senator got approval to make in regards to this court ruling. That's right a US Senator had to get clearance to make statements on a classified court ruling that stated the NSA was breaking the law:


Justice Department Fights Release of Secret Court Opinion Finding Unconstitutional Surveillance

Government lawyers are trying to keep buried a classified court finding that a domestic spying program went too far.
—By David Corn
| Fri Jun. 7, 2013 12:22 PM PDT


~Snip~

This important case—all the more relevant in the wake of this week's disclosures—was triggered after Sen. Ron Wyden (D-Ore.), a member of the Senate intelligence committee, started crying foul in 2011 about US government snooping. As a member of the intelligence committee, he had learned about domestic surveillance activity affecting American citizens that he believed was improper. He and Sen. Mark Udall (D-Colo.), another intelligence committee member, raised only vague warnings about this data collection, because they could not reveal the details of the classified program that concerned them. But in July 2012, Wyden was able to get the Office of the Director of National Intelligence to declassify two statements that he wanted to issue publicly. They were:

* On at least one occasion the Foreign Intelligence Surveillance Court held that some collection carried out pursuant to the Section 702 minimization procedures used by the government was unreasonable under the Fourth Amendment.

* I believe that the government's implementation of Section 702 of FISA [the Foreign Intelligence Surveillance Act] has sometimes circumvented the spirit of the law, and on at least one occasion the FISA Court has reached this same conclusion.


For those who follow the secret and often complex world of high-tech government spying, this was an aha moment. The FISA court Wyden referred to oversees the surveillance programs run by the government, authorizing requests for various surveillance activities related to national security, and it does this behind a thick cloak of secrecy. Wyden's statements led to an obvious conclusion: He had seen a secret FISA court opinion that ruled that one surveillance program was unconstitutional and violated the spirit of the law. But, yet again, Wyden could not publicly identify this program....

Full article:
http://www.motherjones.com/politics/2013/06/justice-department-electronic-frontier-foundation-fisa-court-opinion


A special thank you to DU member DirkGently, for previously posting about this secret court ruling and bringing it to our attention:

http://www.democraticunderground.com/?com=view_post&forum=1002&pid=2981063

I've posted this similar article as it seems many have not been made aware of these facts.
10 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

Recursion

(56,582 posts)
1. So the judicial oversight is effective? Cool
Mon Jun 10, 2013, 01:02 PM
Jun 2013

FISA may not be quite as bad as I thought it was in 2008.

 

think

(11,641 posts)
3. And the NSA is compliance now? And we know that how? And the ruling should be classified?
Mon Jun 10, 2013, 01:04 PM
Jun 2013

How is this in anyway cool in a democracy?

Recursion

(56,582 posts)
4. Possibly? Snowden says no; hopefully we'll find out
Mon Jun 10, 2013, 01:06 PM
Jun 2013

The duration of the classification of the rulings is a big complaint I had about FISA to begin with.

 

think

(11,641 posts)
7. Hopefully we will...
Mon Jun 10, 2013, 01:13 PM
Jun 2013

For what it's worth I don't put this all on Obama's shoulder's. The system is broken and has been for along time. But as the light of day shines on all this secrecy I do hope Obama will be one of the guys to lead the way in cleaning this up.

This whole classify everything and anything to protect the status quo needs to end....

 

dkf

(37,305 posts)
6. The FISA court is using too broad an interpretation
Mon Jun 10, 2013, 01:10 PM
Jun 2013

They are not using it the same way as the regular courts. And it has set precedent within that court and since the Obama administration has been using its secrets Privelege to keep it out of the regular courts it can't be reviewed. Moreover the FISA court had not turned down ANY warrant request that we know of. Almost 2000 requests were made with no rejections.

 

premium

(3,731 posts)
2. We truly do have a govt out of control
Mon Jun 10, 2013, 01:04 PM
Jun 2013

and unless radical steps are taken, I fear our country is headed for a very dark chapter in it's history.

 

think

(11,641 posts)
5. When a US Senator must get permission to make a statement on the ruling of a secret court
Mon Jun 10, 2013, 01:08 PM
Jun 2013

things certainly have reached a point of absurdity.

Imagine how hard it must be for a whistle blower if even a sitting US Senator can't speak of official misconduct because it's CLASSIFIED.

 

premium

(3,731 posts)
9. +1000.
Mon Jun 10, 2013, 01:14 PM
Jun 2013

It keeps getting worse and worse with each passing day.
I don't blame Pres. Obama for this whole mess, although he does bear some of the responsibility, I blame the Congress for allowing this to happen and I blame the American people for being asleep at the wheel when this all started back during the BushCo admin.

 

randome

(34,845 posts)
8. A guy who worked at the NSA for less than 90 days claims he can wiretap the President.
Mon Jun 10, 2013, 01:13 PM
Jun 2013

That's not very believable.

Currently we have all 3 branches of government reviewing and approving this program. Maybe that's not enough but the way to push for changes is not to go 'Jason Bourne' on us and start handing over security documents to the newspapers.

[hr]
[font color="blue"][center]Stop looking for heroes. BE one.[/center][/font]
[hr]

 

think

(11,641 posts)
10. Snowden worked for the CIA & NSA before that.
Mon Jun 10, 2013, 01:23 PM
Jun 2013

The 3 month stint was with a private contractor working on behalf of the NSA. I had asked that question myself but another DU member reminded me of his previous employment.

Here's what the NY Times wrote in regards to his employment background:

Ex-Worker at C.I.A. Says He Leaked Data on Surveillance


By MARK MAZZETTI and MICHAEL S. SCHMIDT
Published: June 9, 2013


~Snip~

After breaking his legs during a training accident, Mr. Snowden was discharged from the Army and took a job as a security guard at an N.S.A. secret facility on the University of Maryland’s campus, according to The Guardian, which said it had confirmed his story.

Despite not having a high school degree, he was later hired by the C.I.A. to work on information technology security, serving in Geneva. In 2009, he joined the N.S.A. as a contractor at a facility in Japan, where, he said, he watched “as Obama advanced the very policies that I thought would be reined in.” ...

~Snip~

Full article:
www.nytimes.com/2013/06/10/us/former-cia-worker-says-he-leaked-surveillance-data.html?pagewanted=all&_r=0
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