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View Diary: Bipartisan group of senators introduce bill to declassify FISA court opinions (89 comments)

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  •  This will do nothing to solve the problem. (3+ / 0-)
    Recommended by:
    lostinamerica, greenbell, YucatanMan

    The FISA Court is generally not being presented with cases or controversies. Instead it is being presented with applications for surveillance authorizations under the Patriot Act. Thus, there are no court decisions to publish, just investigative applications that are never made public until after charges are filed. It is an investigative tool that is being used. If the applying agencies find out something about you that will lead to charges being filed, they will find a way to "discover" your activity without implicating their surveillance.

    It's like Churchill did not evacuate Coventry when he knew the Germans were going to bomb that city, as doing so would have revealed to the Germans that the enigma ciphers had been broken.

    "We are afraid. Please authorize a warrant so we can track all of the daily activities of every citizen!" simply fails the test of "probable cause, supported by oath or affirmation, and partiularly describing the place to be searched, and the persons or thing to be seized," as required by the Fourth Amendment.

    The Fourth Amendment requires the government to be able to state that it believes something is afoot, not to assert that if it can track everyone it is sure it can find foul play at work. Simply stated, the Fourth Amendment requires the horse to be in front of the cart, not behind it.

    If I was any more excited, I would almost be apathetic.

    by gilacliff on Tue Jun 11, 2013 at 08:43:25 AM PDT

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