NSA Phone Spying 'Almost Certainly' Unconstitutional, Judge Says

NSA Phone Spying 'Almost Certainly' Unconstitutional, Judge Says

Updated Dec. 16, 2013 3:11 p.m. ET

WASHINGTON—A federal judge on Monday ruled against the National Security Agency's collection of phone records, saying the program "almost certainly does violate" the Constitution.

However, the ruling will have little immediate effect and faces a lengthy future of court proceedings.

U.S. District Judge Richard Leon, who was nominated to the Washington, D.C., bench by former President George W. Bush, issued a 68-page ruling in favor of Larry Klayman, a conservative activist and lawyer.

Mr. Klayman filed suit in June, claiming that the program violated his Fourth Amendment right against unreasonable search.

On a daily basis, the NSA collects records of nearly every call made in the U.S. and enters them into a database in order to search for possible contacts among terrorism suspects. The scope of the program was revealed when former NSA contractor Edward Snowden leaked documents describing the program this spring.

The ruling came on Mr. Klayman's request for an injunction barring the government from collecting any telephone records associated with Mr. Klayman and another plaintiff. In the ruling, Judge Leon ordered the government to destroy any such records it currently has.

Just a small update.

I think this is a great step in the right direct. If some of you have like myself have been following the case and wondered which way they'd go now we know, for now anyway. However if you think they will simply destroy them I wouldn't hold my breath.

Still, one small victory for the little guy not afraid to stand up to the man.

reply to post by SLAYER69


And if it is ruled unconstitutional?

Does that mean whomever Ok'd the move..Obama and Bush ostensibly, can now be arrested and tried for ordering it?

Yes, just saw that on BBC. This could be Snowden's ticket home again, the judge is agreeing with him.

Only way snowden is getting a ticket home..

"Inception"

The problem is the judge can make this ruling which probably was correct, however, it does not reverse alleged actions by Snowden that probably fall under a whole stack of charges that could be brought against him that this ruling has nothing to do with.

There are Federal Laws covering breaching legal agreements, nondisclosure , removing classified information etc, that any Federal contractor or worker is bound by that are punishable by imprisonment and fines, we will see how this amnesty goes, but honestly I do not see it happening , Uncle Sam is not going to fold and cry uncle to Snowden.
Actually IMHO, not a chance.

Fisherr
Only way snowden is getting a ticket home..

"Inception"

Just because a Federal judge rules one way doesn't at all mean the White house will follow. Remember the NDAA of 2012?

White House says Snowden should still face charges in U.S.

"Our position has not changed on that matter at all," Carney told reporters at a briefing in response to a question. "Mr. Snowden has been accused of leaking classified information and he faces felony charges here in the United States. He should be returned to the United States as soon as possible, where he will be accorded full due process in our system."

This will change nothing. It's not like the NSA is going to go, "Oops, well I guess it's illegal so we'll stop doing it."

They've always known it was illegal - and they did it anyway. Laws mean nothing to those sworn to uphold them. Business as usual.

ArchAngel_X
This will change nothing. It's not like the NSA is going to go, "Oops, well I guess it's illegal so we'll stop doing it."

They've always known it was illegal - and they did it anyway. Laws mean nothing to those sworn to uphold them. Business as usual.

Ah yes! The rarely used "My Bad" Defense strategy.

First used in the Lincoln Douglas debates when Douglas tried to cheat with an iPad and was caught by Honest Abe himself!

Problem is, SLAYER...

Their tactics and efforts have always been "unconstitutional." That entire agency, or its affiliates, has been spying of Americans since they could record sound onto vinyl records. Much longer than most people think. Yet they still do it, regardless of what our Constitution says. The only difference today is that it's in the public eye, or it's being scrutinized by people that actually care now. BecauseTERRORISTS!

I love the fight and actually light being cast on it. But I see nothing changing because far too many 'Mericans feel it is still the right thing to do...becauseTERRORISTS!

Wouldn't want anyone to know we actually have rights...now would we?

reply to post by havok


I suspect the WHOLE WORLD is SPY!'n HARD... ( and/or "If he's Spying, I should be Spying!" ??? ).

Perhaps everyone should get into the General-Practice of "Encrypting" as much of their EMail as possible.

AND/OR

The HOW TO ... Enforce Your Privacy Rights ???

Tomorrow's headline:

This just in! Judge commits suicide! Body found with three entry wounds to the back of his skull!

-FBB

RIP Judge, hopefully you don't get knocked down after taking such a bold stance.