Baseball91's Weblog

November 19, 2013

Nothing To Fear Except Fear Itself

NSA logo Last night in the invisible world of unrestricted power, James R. Clapper Jr. , director of national intelligence, released what appeared to be the original court document authorizing the National Security Agency to conduct sweeping collections of Americans’ communications records for counter-terrorism purposes, according to a piece in the Washington Post. In what appeared to be the original court document, there is also the description of the NSA’s failure to abide by court-imposed rules to protect Americans’ privacy, showing an agency more interested in collecting cell site location data than it had previously acknowledged.

The description of what constituted bulk information “metadata” was redacted in the released documents. In an order signed by Judge Colleen Kollar-Kotelly, the National Security Agency was given permission by the secret court to gather in bulk information from e-mails and other forms of Internet communication such as e-mail addresses, but not the content. Its true scope, however, is unclear. This is about group power, unrestricted power, in a police state, over individual constitutional rights. Whatever the counter-terrorism purpose, however undefined. Who were these federal judges collaborating in what appeared to be “justice” in these secret courts? Inevitably did these justices belong to political parties, having given up any idea of an independent judiciary? What lawyer would dare criticize a judge, and put at risk his/her next case in front of the judge.

If a judge in the secret courts will give the NSA massive amounts of data to identify unknown people who may be in contact with terrorists’ whose e-mail addresses would be used to search the database, why not apply the same standard to domestic prosecutors? Is there a secret appellate court for bad decisions in secret courts? Is there a secret U.S. Supreme Court. Yet?

Franklin Roosevelt said in his first Inaugural Address: “The only thing we have to fear is fear itself.” Franklin Roosevlet tried to stack the Supreme Court with judge who shared his views of the world, which at the time never included concepts of secret courts and the unrestricted power of the sixteen agencies of the governments of the United States involved in “national intelligence.” It was the legislative branch with people named Boehner, Feinstein, Bolton who are giving the president’s intelligence agencies blank checks. When the NSA was spying on Angela Merkel, that spying included the most intimate parts of her life. If any politician is involved in illicit relationships, placing themselves in compromising positions, someone at the NSA has a view from the heavens of something that no human, in a military or political position, was ever supposed to have. The judiciary was set up to provide checks and balances rather than collaborate with the unrestricted power of the executive branch. When the judiciary abdicates this duty, there is something to fear, like the thinking of Judge Colleen Kollar-Kotelly, like in the thinking by senators from California, Feinstein and Chambliss, about group power – the unrestricted power – in a police state, over individual constitutional rights. In a world with a booming population, people become just commodities, and individual rights are set aside for classified information, “under appropriate circumstance.”

In the New World Order there might well be something to fear when the elected officials ignore the first ten amendments of the constitution of the United States. Wasn’t this the same problem from the first eight years of the New Millennium, directed at the time at the Securities and Exchange Commission, when the regulators quit regulating? And now the judges who quit judging in open court.

http://historymatters.gmu.edu/d/5057/

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