the-biggest-threat-to-us-national-security-is-the-us.-government

07-11-18 07:10:00,

Eric Zuesse

A dictatorship does not represent the public but only the aristocracy that, behind the scenes, controls the government.

Jonathan H. Adler, Professor at Case Western University School of Law, noted, regarding George W. Bush’s secret policy for the NSA to access everyone’s phone-records, that “The metadata collection program is constitutional (at least according to Judge Kavanaugh),” and he presented Judge Kavanaugh’s entire published opinion on that. Kavanaugh’s opinion stated that the 4th Amendment to the U.S. Constitution could be shoved aside because he thinks that the ‘national security’ of the United States is more important than the Constitution. Kavanaugh wrote:

The Government’s program for bulk collection of 2 telephony metadata serves a critically important special need – preventing terrorist attacks on the United States…In my view, that critical national security need outweighs the impact on privacy occasioned by this program….

The Fourth Amendment allows governmental searches and seizures without individualized suspicion when the Government demonstrates a sufficient “special need” – that is, a need beyond the normal need for law enforcement – that outweighs the intrusion on individual liberty…

In sum, the Fourth Amendment does not bar the Government’s bulk collection of telephony metadata under this program.

Kavanaugh said that since the 4th Amendment excludes only “unreasonable” searches and seizures (such as seizures of all of this private information from everyone), it doesn’t exclude the “bulk collection of 2 telephony metadata” (collection of both phone numbers in each phone conversation from and/or to anyone in the United States), because a “critical national security need [“preventing terrorist attacks on the United States”] outweighs the impact on privacy occasioned by this program.”

As a consequence, for each American, the U.S. federal Government knows everyone whom you call, and who calls you — it knows all of your phone-contacts — and it does so because everything in the U.S. Constitution can be overridden by any “critical national security need” such as “preventing terrorist attacks” such as occurred on 9/11, which attacks hadn’t at all been enabled by the then-existing lack of such police-state measures here. Kavanaugh’s opinion simply ignored that fact — didn’t even discuss it.

Instead of that’s having produced the ‘intelligence failure’,

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