Tag Archives: Patriot Act

NSA Metadata Collection Has Come To An ‘Official End’

WASHINGTON, November 30, 2015– When the clock struck 12:00 AM on Thanksgiving weekend’s Sunday morning, the National Security Agency (NSA) was forced to end virtually all metadata collection of phone calls made in the United States. Key word: virtually.

In June, Congress passed the USA Freedom Act, which was signed by President Obama. The legislation vested the responsibility of data collection and storage with telecom companies, rather than a government agency.

Still, on both sides of the issue, some remain skeptics of the USA Freedom Act.

Judge Andrew Napolitano says nothing substantial has changed and that claims made by politicians that a ‘court order’ is needed under the USA Freedom Act, whereas one was not previously required, are misleading.

“When politicians tell you that the NSA needs a court order in order to listen to your phone calls or read your emails, they are talking about a FISA court order that is based on government need- not a constitutional court order, which can only be based on probable cause,” said Napolitano. “This is an insidious and unconstitutional bait and switch.”

However, even the most minuscule changes within the USA Freedom Act were enough for United States Senate Majority Leader Mitch McConnell (R-Ky.) and Senator Marco Rubio (R-Fla.) to fight against until the very last moments. The two attempted to use the Paris terror attacks as warrant for extending and strengthening the current NSA spy program.

Meanwhile, United States Congressman Justin Amash (R-Mich.) was an original co-sponsor of the legislation, but backed out of supporting the bill and actually voted against the final version because it was stripped down and “looked little like the original bill” he had worked to draft and lobby for.

Amash posted a lengthy explanation on Facebook in May:

“I am an original cosponsor of the Freedom Act, and I was involved in its drafting. At its best, the Freedom Act would have reined in the government’s unconstitutional domestic spying programs, ended the indiscriminate collection of Americans’ private records, and made the secret FISA court function more like a real court—with real arguments and real adversaries.

I was and am proud of the work our group, led by Rep. Jim Sensenbrenner, did to promote this legislation, as originally drafted.

However, the revised bill that makes its way to the House floor this morning doesn’t look much like the Freedom Act.

This morning’s bill maintains and codifies a large-scale, unconstitutional domestic spying program. It claims to end “bulk collection” of Americans’ data only in a very technical sense: The bill prohibits the government from, for example, ordering a telephone company to turn over all its call records every day.

But the bill was so weakened in behind-the-scenes negotiations over the last week that the government still can order—without probable cause—a telephone company to turn over all call records for “area code 616” or for “phone calls made east of the Mississippi.” The bill green-lights the government’s massive data collection activities that sweep up Americans’ records in violation of the Fourth Amendment.

The bill does include a few modest improvements to current law. The secret FISA court that approves government surveillance must publish its most significant opinions so that Americans can have some idea of what surveillance the government is doing. The bill authorizes (but does not require) the FISA court to appoint lawyers to argue for Americans’ privacy rights, whereas the court now only hears from one side before ruling.

But while the original version of the Freedom Act allowed Sec. 215 of the Patriot Act to expire in June 2015, this morning’s bill extends the life of that controversial section for more than two years, through 2017.

I thank Judiciary Committee Chairman Bob Goodlatte for pursuing surveillance reform. I respect Rep. Jim Sensenbrenner and Rep. John Conyers for their work on this issue.

It’s shameful that the president of the United States, the chairman of the House Permanent Select Committee on Intelligence, and the leaders of the country’s surveillance agencies refuse to accept consensus reforms that will keep our country safe while upholding the Constitution. And it mocks our system of government that they worked to gut key provisions of the Freedom Act behind closed doors.

The American people demand that the Constitution be respected, that our rights and liberties be secured, and that the government stay out of our private lives. Fortunately, there is a growing group of representatives on both sides of the aisle who get it. In the 10 months since I proposed the Amash Amendment to end mass surveillance, we’ve made big gains.

We will succeed.”

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Jeb Bush Proposes Increasing NSA Spying Powers To Combat ‘Evildoers’

GOP presidential candidate and former Florida Gov. Jeb Bush has been a particularly vocal advocate for the National Security Agency’s mass surveillance program, and on Tuesday he said he believes the NSA should have increased spying powers in order to combat “evildoers.”

Bush criticized the changes that were made to the NSA’s authority when the U.S. passed the USA Freedom Act after the Patriot Act expired in June. He also said he disagreed with the argument that the NSA collected bulk data records from innocent Americans violates their constitutionally protected privacy rights.

“There’s a place to find common ground between personal civil liberties and NSA doing its job,” Bush said. “I think the balance has actually gone the wrong way.”

[RELATED: Jeb Bush Supports NSA Surveillance Program ‘To Keep Us Safe’]

In May, a federal appeals court ruled that NSA data collection is illegal, stating that Section 215 of the Patriot Act, which was used to justify the program, “cannot bear the weight the government asks us to assign to it, and that it does not authorize the telephone metadata program.”

Section 215 expired on June 1, and after lengthy debate in the Senate on whether the NSA should continue its illegal surveillance, the USA Freedom Act was passed on June 2. The USA Freedom Act changes the channels the government has to go through to collect Americans’ records by transferring bulk data collection records from the NSA, to private companies.

While the USA Freedom Act was supposed to end NSA’s bulk data collection, the Department of Justice submitted a request to the Foreign Intelligence Surveillance Court asking the Court to reinstate the NSA’s collection for the next six months, and to ignore the ruling from the Federal Appeal’s Court. The FISA court approved the request, and allowed NSA data collection through November 29, 2015.

[RELATED: Jeb Bush: Enhanced NSA Spying Is The Best Part Of the Obama Administration]

On Tuesday, Bush also criticized private technology companies for encrypting their products in an attempt to make it harder for the NSA to gain access.

[quote_center]“It makes it harder for the American government to do its job while protecting civil liberties to make sure evildoers aren’t in our midst,” Bush said.[/quote_center]

Throughout his Presidential campaign, Jeb Bush has tried to set himself apart from his brother and his father, both former U.S. presidents. The “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act,” or the USA Patriot Act, was signed into law by George W. Bush in Oct. 2001 in the aftermath of 9/11.

George W. Bush discussed a plan to “rid the world of evildoers” during a press conference on Sept. 16, 2001. “Your government is alert. The governors and mayors are alert that evil folks still lurk out there. As I said yesterday, people have declared war on America and they have made a terrible mistake,” he said. “My administration has a job to do and we’re going to do it. We will rid the world of the evil-doers.”

For more election coverage, click here.

Chris Christie: Blame Rand Paul For Next Terror Attack

New Jersey Governor and Republican Presidential Candidate Chris Christie appeared on Morning Joe on Monday and said that Americans should blame Senator Rand Paul (R- Ky.) if there is another terrorist attack.

Paul “should be in front of hearings in front of Congress if there’s another attack,” Christie claimed.

“People are really worried about ISIS, they’re worried about the threat of terrorism, and that’s why what Rand Paul has done to make this country weaker and more vulnerable is a terrible thing,” Christie said. “And for him to raise money off of it? It’s disgraceful,” Christie continued.

“As the only guy who used the Patriot Act in this race, as a former prosecutor, we’re going to look back on this, and he should be in front of hearings, in front of Congress, if there’s another attack. Not the director of the FBI or the director of the CIA,” said Christie.

Christie said that in order to defeat ISIS, the U.S. has to “arm our allies, train them, and it’s their fight.”

Sen. Paul has criticized GOP ‘war hawks’ like Christie in the past regarding their strategy of arming and training “moderate” rebels who have ultimately become ISIS fighters.

Watch below via MSNBC:

 

 

FISA Court Renews NSA Collection Of Phone Records

The NSA has been authorized to resume bulk collection of American phone records while expired Patriot Act provisions give way to modified data collection practices under the USA Freedom Act.

According to an order on Monday by the Foreign Intelligence Surveillance Court, the federal government’s request to renew dragnet data collection of U.S. phone metadata until November 29, 2015 was approved. As the Freedom Act reportedly prepares to implement limitations regarding some aspects of NSA surveillance, the legislation provides a “transition period” in which the NSA will be allowed to temporarily continue its controversial data collection practices that a federal appeals court had declared illegal in May.

[RELATED: Federal Appeals Court Ruling: NSA Data Collection Is Illegal]

“This application presents the question whether the recently-enacted USA FREEDOM Act, in amending Title V of FISA, ended the bulk collection of telephone metadata. The short answer is yes. But in doing so, Congress deliberately carved out a 180-day period following the date of enactment in which such collection was specifically authorized. For this reason, the Court approves the application in this case,” stated the order.

The Department of Justice had filed a request in June seeking to continue bulk data collection. The request, written by Justice Department national security chief John Carlin, cited the Freedom Act’s “orderly transition” clause and appeared to be asking FISA to ignore the May appeals court ruling.

[RELATED: DoJ Asks Surveillance Court To Ignore Federal Court’s Ruling On Illegal NSA Spying]

“The Second Circuit’s recent panel opinion in ACLU v. Clapper, No. 14-42 (2d Cir. May 7, 2015) does not bar this Court from authorizing the production in bulk of call 6 detail records, notwithstanding its holding that Section 1861 does not authorize the bulk production of call detail records,” Carlin wrote in the June 2 request.

 

 

DoJ Asks Surveillance Court To Ignore Federal Court’s Ruling On Illegal NSA Spying

Hours after President Obama signed the USA Freedom Act, which would continue the National Security Agency’s mass surveillance program, while transferring its bulk data collection to private phone companies, the Department of Justice filed a request asking a FISA court to continue the NSA’s collection for six months.

The request, which was filed with the Foreign Intelligence Surveillance Court on June 2, asked the Court to “approve the Government’s application for the bulk production of call detail records for a 180 day transition period,” claiming that this request is appropriate, despite the fact that on May 7, a federal appeals court ruled that NSA spying is illegal.

In the request, which was written by Justice Department national security chief John Carlin, the USA Freedom Act’s six-month “orderly transition” clause is referenced, but Carlin does not address whether the clause still applies now that the program was supposed to have shut down completely at midnight on May 31.

The NSA’s mass surveillance program, which was allowed under Section 215 of the Patriot Act, became illegal at 12:01 a.m. on June 1, when the section expired. GOP Presidential candidate and Sen. Rand Paul (R-Ky.) led the campaign to block a direct extension of Section 215, and took to the floor of the Senate for 10 hours and 30 minutes to speak out against NSA spying.

The Guardian noted that Carlin also suggests that the Obama Administration “may not necessarily comply with any potential court order demanding that the collection stop,” and might “seek to challenge the injunction.”

“In the event an injunction of some sort were to issue by the district court,the Government would need to assess, in light of the nature and scope of whatever injunction the district court issued, its ability to carry out authority granted under an order issued by this Court,” Carlin wrote.

A report from the Washington Post in Jan. 2014  found that after analyzing 225 terrorism cases inside the United States, the NSA’s bulk collection of phone records “has had no discernible impact on preventing acts of terrorism.” 

In the request, Carlin claimed that although the DoJ has considered the Federal court’s ruling on NSA spying in its evaluation of the government’s application, “Second Circuit rulings do not constitute controlling precedent for this Court,” and they are requesting that the NSA’s bulk data collection program continue, even though the majority of the data collected “ultimately will not be terrorist-related.”

Walker or Bush: What difference does it make?

Wisconsin Governor Scott Walker innocuously popped up and was thrust upon the 2016 Republican Primary stage seemingly out of no where. He hasn’t even announced, and he tops multiple polls across the country.

His greatest asset is also his greatest weakness. Most people have no idea who he is with regards to policy. In virtually every poll that is conducted, the majority of voters say they do not know enough about him. So, he tops the polls, but people don’t know enough about him? Says a lot about American voters. While this gives his campaign advisers the opportunity to mold Walker however they like, come debate time, he will face quite a challenge trying to hide behind his newly crafted image.

Most of Walker’s support seems to come from conservatives. Not Republicans, but conservatives. The same conservatives that disdain Bush seem to like Walker, which is quite odd, given that they have virtually identical policies. Unless, of course, Walker pulled a Romney and flip flopped.

The Supreme Court could soon be dealing a critical blow to Obamacare. Conservative candidates like Sen. Rand Paul and Sen. Ted Cruz want a total repeal. Meanwhile, Walker says that Congress should fix Obamacare if the Court dismantles the law, which puts him in line with Washington’s establishment Republicans. Oh, and let’s not forget the fact that Walker went against the wishes of conservative legislators in Wisconsin and implemented Obamacare. Conservative Wisconsin State Sen. Lasee once noted that Walker was not serious about fighting Obamacare, protecting state sovereignty and healthcare freedom. This alone proves that Walker simply doesn’t understand the constitutional and economic impact of Obamacare. But wait… there’s more.

On immigration, Walker and Bush both support amnesty. In 2002, Walker signed a resolution urging Congress to support amnesty legislation. Of course, as of late, he has had a change of heart.

President Bush brought us the Patriot Act and NSA. President Obama put it on steroids. While conservative candidates like Paul maintain that we can fight terrorists without allowing President Obama’s NSA to shred the Constitution by spying on every single American citizen, Walker and Bush (Jeb) have pushed hard for full re-authorization of the Patriot Act and NSA spying.

War in Iraq? Jeb Bush and Lindsey Graham are hungry for more war. Unsurprisingly, Walker is supportive of another “full blown invasion of Iraq”.

Jeb Bush makes no apologies for his love of Common Core. He is one of its biggest proponents. Scott Walker is also a huge supporter of Common Core. He now says he is against it, but a simple look at Wisconsin education laws prove he has purposefully done nothing to get rid of Common Core. After all, he is the one who brought it in. He now maintains that the state allows local school districts to “opt-out”, but cash hungry locals never opt out of federal money. Anyone inside the beltway of state or federal politics knows that Walker’s latest flop against Common Core is nothing more than theater to pander to conservatives.

So, there you have it. Common Core, Obamcare, NSA spying, foreign policy and immigration are five of the biggest issues on GOP voters’ minds. Where exactly are Scott Walker and Jeb Bush different on any of these issues?

Not to worry. Walker took it upon himself to redefine what it means to “flip flop” on an issue so that the term no longer applies to him. Lucky dog.

So, Walker or Bush?

In the words of Hillary Clinton, “What difference does it make?”

Governor Scott Walker Calls for Full Reauthorization of PATRIOT Act

A recent nationwide ABC News/Washington Post 2016 presidential primary preference poll found Wisconsin Governor Scott Walker and US Senator Rand Paul of Kentucky tied at 11% atop the rest of the Republican field. According to The Hill, Governor Walker, a likely 2016 candidate and apparent co-frontrunner for the Republican nomination with Senator Paul, weighed in on the controversy over the USA PATRIOT Act’s expiring domestic surveillance provisions and the recently-signed USA FREEDOM Act during a Wednesday appearance on Fox and Friends.

I think we would be much better off if we fully reauthorized the PATRIOT Act. I think it’s an important tool… I certainly don’t want to be in the position that France is in where they’re now saying, ‘What could we have done?’” said Governor Walker, positioning himself opposite his top GOP rival Senator Paul, who forced the PATRIOT Act’s Section 215 bulk spying provision to expire last week after it was ruled illegal by a federal appeals court earlier in May.

When asked about the USA FREEDOM Act, which President Obama signed into law on Tuesday, Walker said, “I certainly prefer this over nothing. I just think going forward, and it’s another example of the failure of this president to lead, this is an example where the president could lead, could have used the bully pulpit to tell the American people how important it is to make sure we have the information to prevent another terrorist attack out there and this is one of the many tools we need to do that. I hope in the future we’ll reestablish the PATRIOT Act.

According to Congressman Justin Amash (R-MI), the USA FREEDOM Act outsources the National Security Agency’s unpopular bulk phone metadata collection program to telecom corporations, rather than having the NSA collect the data itself. Senator Rand Paul voted against the legislation, citing constitutional concerns. Presidential candidate and Senator Ted Cruz voted in favor of the bill, while 2016 candidate Senator Marco Rubio, a PATRIOT Act supporter, voted no.

ABC News notes that New Jersey Governor Chris Christie, another possible 2016 contender, said sarcastically of the USA FREEDOM Act, “Exactly what we want to count on… We want to put our national security in the hands of the phone companies.” Governor Christie supports reauthorizing the PATRIOT Act instead.

During Governor Walker’s Fox and Friends interview, he said that, if he ends up running for president, he would not announce until the end of this month when his state’s budget is complete.

For more 2016 election coverage, click here.

Peter King Praises Ted Cruz For Supporting NSA Spying

It’s no secret that Congressman Peter King (R-NY) disdains Republican Kentucky Senator Rand Paul’s staunch defense of the 4th Amendment when it comes to NSA spying on American citizens.

King takes any chance he can get to jab Paul. Never mind the fact that the most recent round of polling proves Paul is right to defend the 4th Amendment over NSA spying. The majority of Republicans and independents say they do not support the collection of data by the NSA.

Regardless of his hatred for Paul, King has found a new and unlikely friend in the Senate, Senator Ted Cruz (R-TX).

Paul and Cruz are both declared candidates for the 2016 GOP presidential nomination. While Paul has remained a strong opponent of the NSA, Cruz has waffled back and forth.

“I don’t often do this but thanks to Ted Cruz for voting to continue NSA surveillance. Too bad Rand Paul didn’t have the same good sense” -Congressman Peter King

After a recent round of voting on NSA mass surveillance programs, King took to Facebook to sing Cruz’s praises.

Mitch McConnell: Freedom Act Is A Victory For Snowden And For Those Who Plot Against The U.S.

After the USA Freedom Act passed in the Senate on Tuesday, 67-32, Senate Majority Leader Mitch McConnell (R-KY) addressed the bill’s passage, and shared his thoughts on its impact.

While McConnell opposed the USA Freedom Act, which was created to maintain the NSA surveillance powers that expired with Section 215 of the Patriot Act at 12:01 a.m. on June 1, he was on the opposite end of the debate from his fellow Senator from Kentucky, Republican Rand Paul.

Although both Senators were against the USA Freedom Act, Paul led the campaign to abolish NSA surveillance altogether, and McConnell pushed for a “clean” extension of the Patriot Act.

The National Security Agency’s massive surveillance program was exposed by former NSA contractor Edward Snowden in June 2013. While advocates of the USA Freedom Act presented it as a bill that vindicated Snowden by reforming NSA surveillance, those in opposition noted that the act wouldn’t end the government’s collection; it would only change the channels the government went through to collect Americans’ records.

On the Senate floor, McConnell quoted an article from the Associated Press, which called the passage of the USA Freedom Act a “resounding victory for Edward Snowden.”

“Those who reveal the tactics, sources and methods of our military and intelligence community give playbook to ISIL and al-Qaeda,” said McConnell, who went on to say that not only was the USA Freedom Act a “resounding victory for Edward Snowden,” it was also a “resounding victory for those who plotted against our homeland.”

Although the Washington Post reported in Jan. that the NSA’s bulk collection of phone records “has had no discernible impact on preventing acts of terrorism,” and the NSA’s mass surveillance was recently ruled illegal by a federal appeals court, McConnell defended the program.

“Nobody’s civil liberties are being violated here,” McConnell said, regarding NSA surveillance. “The president’s campaign to destroy the tools used to prevent another terrorist attack have been aided by those seeking to prosecute officers in the intelligence community, diminish our intelligence capabilities, and despicably to leak and reveal classified information, putting our nation further at risk.”

When the Senate passed the USA Freedom Act on Tuesday afternoon, it approved the same version that was previously passed in the House of Representatives, despite the fact that both McConnell and Paul requested amendments to the bill.

A debate was held over possible amendments on Tuesday, and while McConnell struck down the nine amendments presented by Senator Paul and Sen. Ron Wyden (D-Ore.), he did bring up four amendments of his own, which were all rejected.

UPDATED: Senate Approves House-Passed USA Freedom Act, Sends Bill To President Obama

UPDATE: 10 p.m. Eastern – President Obama signed the USA Freedom Act on Tuesday evening.

A statement was released on Twitter, prior to the signing, in which Obama called the time between when the NSA surveillance powers under the Patriot Act expired, to the time when the Senate passed the USA Freedom Act, resurrecting those powers, a “needless delay and inexcusable lapse in national security authorities.”

In the statement, Obama also said he was “gratified Congress has finally moved forward” with what he called “sensible reform legislation.”

4:20 p.m. Eastern – On Tuesday afternoon, the United States Senate rejected any amendments to and ultimately passed the version of the USA Freedom Act passed by the House of Representatives. The USA Freedom Act, which revives some of the NSA surveillance powers that expired with Section 215 of the Patriot Act on June 1, was passed in the Senate with a final vote of 67-32.

The USA Freedom Act was created as a substitute for Section 215 of the Patriot Act, which expired at 12:01 a.m. on June 1. The controversial Section 215 was used by the National Security Agency to justify its bulk collection of Americans’ data.

Advocates of the USA Freedom Act presented it as a way to curb the powers of the NSA by transferring the bulk collection Americans’ phone records to private companies. However, those in opposition noted that it wouldn’t end the government’s collection; it would only change the channels the government went through to collect Americans’ records.

The House of Representatives passed the USA Freedom Act with an overwhelming vote of 338-88, the bill failed to reach the 60-vote threshold needed in the Senate on May 22, with a 57-42, following a 10-hour and 30-minute speech from Sen. Rand Paul (R-Ky.), who has led the campaign against both the USA Freedom Act, and an extension of the Patriot Act.

Following a weeklong recess, in which many lawmakers vowed to lobby for the three votes needed to pass the USA Freedom Act, it was advanced in the Senate on Sunday, with a vote of 77-17.

The USA Freedom Act was advanced once again on Tuesday morning, with a vote of 83-14. A debate was held over amendments, and while Senate Majority Leader Mitch McConnell struck down the nine amendments presented by Senator Paul and Sen. Ron Wyden (D-Ore.), he did bring up four amendments of his own, which were all rejected.

The bill will now be sent to President Obama, who strongly encouraged the Senate to approve the House-passed version of the USA Freedom Act, without adding any amendments and delaying the reinstatement of the NSA’s surveillance powers. According to the bill, the government will continue to collect Americans’ bulk data for the next six months. After that, phone companies will keep Americans’ phone records, and government officials will have to receive a warrant to gain access to the records.

Senate Advances USA Freedom Act, Begins Debate On Amendments

On Tuesday, the United States Senate voted, 83-14, to advance the USA Freedom Act, opening it up to a series of amendments that will be voted on, before a final Senate vote on the bill on Tuesday afternoon.

The USA Freedom Act was created as a substitute for Section 215 of the Patriot Act, which expired at 12:01 a.m. on June 1. The controversial Section 215 was used by the National Security Agency to justify its bulk collection of Americans’ data. The campaign against extending the Patriot Act was led by Sen. Rand Paul (R-Ky.), who hailed the expiration of Section 215 as a victory over NSA spying.

Advocates of the USA Freedom Act presented it as a way to curb the powers of the NSA by transferring the bulk collection Americans’ phone records to private companies. However, those in opposition noted that it wouldn’t end the government’s collection; it would only change the channels the government went through to collect Americans’ records.

While the House of Representatives passed the USA Freedom Act with an overwhelming vote of 338-88, the bill failed to reach the 60-vote threshold needed in the Senate on May 22, with a 57-42, following Paul’s 10-hour and 30-minute speech against both the USA Freedom Act, and an extension of the Patriot Act, on May 20.

Following a weeklong recess, in which many lawmakers vowed to lobby for the three votes needed to pass the USA Freedom Act, it was advanced in the Senate on Sunday, with a vote of 77-17.

Now that the USA Freedom Act has advanced in the Senate, the debate on possible amendments to the bill will begin, and if any of those amendments are passed, the bill will then return to the House of Representatives for another vote.

The Guardian reported that Senate Majority Leader Mitch McConnell (R-Ky.) is presenting three amendments, which he called “common sense” safeguards for “fundamental and necessary counterterrorism tools.”

The first of McConnell’s proposed amendments would “allow for more time of the construction and testing of a system that does not yet exist,” the second would “ensure that the director of national intelligence is in charged with at least ensuring the readiness of the system,” and the third would require telecom companies to notify Congress when they “elect to change their data retention policies.”

While Paul has gained support from both Republicans and Democrats in Congress, one of his most prominent allies has been Sen. Ron Wyden (D-Ore.), a strong opponent of NSA surveillance.

Bloomberg reported that Paul and Wyden will propose nine amendments to the USA Freedom Act that would aid in increasing the visibility and restricting the actions of the intelligence agencies:

  • Require the government to get a warrant before collecting personal information from third parties.
  • Raise the standard for government collection of call records under FISA from “reasonable grounds” to “probable cause.”
  • Limit the government’s ability to use information gathered under intelligence authorities in unrelated criminal cases.
  • Amendment 1443: Make it easier to challenge the use of illegally obtained surveillance information in criminal proceedings.
  • Prohibit the government from requiring hardware and software companies to deliberately weaken encryption and other security features.
  • Clarify the bill’s definition of “specific selection terms.”
  • Require court approval for National Security Letters.
  • Prohibit the government from conducting warrantless reviews of Americans’ email and other communications under section 702 of the Foreign intelligence Surveillance Act.
  • Strengthen the bill with additional provisions from previously introduced surveillance reform legislation.

Ron Paul: Is The CIA Providing Security Or Threatening Our Liberty?

Parts of the Patriot Act expired at midnight, but danger to our liberties remains. According to Ron Paul, the embodiment of that danger is the U.S. Central Intelligence Agency.

In the latest episode of the Ron Paul Liberty Report, Paul and his co-host, Ron Paul Institute for Peace and Prosperity executive director Daniel McAdams, discussed why they believe the operational side of the CIA has no place in our republic and how the dangers of the Patriot Act could be carried on through the USA Freedom Act.

The USA Freedom Act is depicted as reform to government surveillance programs executed by the CIA, National Security Administration and the Federal Bureau of Investigations. However, the reform bill hasn’t pleased privacy advocates who claim the changes to NSA’s data collection program and to the process for challenging gag orders imposed on companies by national security aren’t worth the provisions that preserve parts of the Patriot Act.

If we are to maintain our republic, we will have to do something about NSA and the Patriot Act because it’s absolutely contradictory to the cause of liberty,” Paul said.

That’s the real danger with the idea of reform, McAdams replied. “It’s is a word that is used so deceptively because it sounds good. ‘We’re going to reform this issue.’ So I think people who are otherwise well meaning and definitely on the side of liberty have embraced, to a degree, the USA Freedom Act because they think it will rein in the secret government. But, in reality, it will actually extend and expand what they do.

McAdams and Paul raised concerns about CIA and its known and unknown powers. The analytics side of the agency really belongs in the military, McAdams explained. The operational side acts as “the president’s own Praetorian Guard,” he said. “This is like his own personal army that is accountable to no one.

Paul also discussed the ability of the CIA to orchestrate a coup in this country as it has done in the past. “Just think of the things we don’t know the CIA is involved with,” he said.

To me, the most frightening thing in Washington is there were black budgets,” Paul explained. “We never knew exactly how much money was spent. I imagine there is not one person who brings it all together. And who is really in charge? I’m not even sure if the president is in charge. That’s why I talk about a coup. And, you know, there are certainly a lot of theories about the CIA being involved in even domestic assassinations. And the certainly now are involved in presidential directed assassinations.

. . . The first time I heard about an assassination was Diem, because I was in the service at the time and that was when the war was escalating. And Diem was our hand picked dictator of Vietnam. I don’t know how Kennedy went along with this because I thought, why are they doing him? He was supposed to be our friend. He was a Catholic. And yet we go out and help get rid of him. And it was downhill after that, and of course Johnson made it so much worse.

Watch the full episode above and more episodes of the Ron Paul Liberty Report on Truth In Media.

In case you missed Ben Swann’s Truth In Media episode on ISIS watch it below:

https://www.youtube.com/watch?v=o6kdi1UXxhY

Rand Paul Declares Victory Over NSA Spying

Washington D.C.- Senator Rand Paul has declared victory over the NSA spy program reportedly authorized by Section 215 of the Patriot Act.

As we reported, late Sunday the National Security Agency (NSA) shut down its bulk data collection program as the PATRIOT Act expired thanks to Paul’s efforts. Senate Majority Leader Mitch McConnell attempted to pass several bills that would temporarily extend the law’s expiring spying authorities but was blocked by Rand Paul, first through a perfectly-timed filibuster and then through additional procedural stalling tactics that pushed the timing of the vote past May 22, when senators were set to leave Washington DC for recess. Majority Leader Mitch McConnell scheduled a last-minute vote on May 31 in an effort to reauthorize the provisions prior to their expiration, but Senator Rand Paul objected to any votes on PATRIOT Act reauthorization bills or the USA FREEDOM Act, a house-passed bill that Congressman Justin Amash (R-MI) said would outsource NSA spying to corporations, until the Senate had sufficient time to debate, thus tabling the votes until Tuesday of this week at the earliest, forcing the PATRIOT Act to officially expire as of 12:01 EST Monday morning.

A new Washington Post article is now suggesting that Senator Paul slipping in Iowa because of this stance against the NSA’s program.  The latest polling from Iowa shows Paul tied with Dr. Ben Carson for second place in Iowa at 10 percent apiece. Wisconsin Gov. Scott Walker is the far-and-away frontrunner, however, reaching 17 percent.

In an interview with Breitbart News, Sen. Paul slammed establishment Republicans who have been supporting the program for years.

“I’ve been all over the United States in the last year, particularly in the last week or so when we’ve been talking just about the PATRIOT Act, and we get hundreds of people showing up at every stop who are all saying you know what, they don’t want President Obama to be collecting their phone records. So I find that not only is it the right position, it’s also a very popular position among Republicans—just not in the Washington establishment Republicans. But when you’re out there meeting with grassroots Republicans, the grassroots by and large think that President Obama went way too far with this illegal collection of our phone records.”

 

Related:
PATRIOT Act Spy Provisions Officially Expire After Senate Reauthorization Attempt Fails

Snowden: Private Explicit Photos Often Shared By NSA Agents

Governor Walker Breaks Silence On Patriot Act, NSA Stance

PATRIOT Act Spy Provisions Officially Expire After Senate Reauthorization Attempt Fails

After the USA PATRIOT Act’s Section 215 provision authorizing the bulk collection of millions of Americans’ phone records by the National Security Agency was ruled illegal by a federal appeals court, Senator Rand Paul (R-KY) launched an aggressive campaign to force the Senate to allow the provision to expire. The law’s spying authority had been designed to sunset on May 31 absent reauthorization by lawmakers.

Senate Majority Leader Mitch McConnell attempted to pass several bills that would temporarily extend the law’s expiring spying authorities but was blocked by Rand Paul, first through a perfectly-timed filibuster and then through additional procedural stalling tactics that pushed the timing of the vote past May 22, when senators were set to leave Washington DC for recess. Majority Leader Mitch McConnell scheduled a last-minute vote on May 31 in an effort to reauthorize the provisions prior to their expiration, but Senator Rand Paul objected to any votes on PATRIOT Act reauthorization bills or the USA FREEDOM Act, a house-passed bill that Congressman Justin Amash (R-MI) said would outsource NSA spying to corporations, until the Senate had sufficient time to debate, thus tabling the votes until Tuesday of this week at the earliest, forcing the PATRIOT Act to officially expire as of 12:01 EST this morning.

“Tonight we stopped the illegal NSA bulk data collection. This is a victory no matter how you look at it. It might be short lived, but I hope that it provides a road for a robust debate, which will strengthen our intelligence community, while also respecting our Constitution,” said Senator Paul of his bipartisan campaign to protect Americans’ privacy, which enjoyed substantial support by allies like Senator Ron Wyden (D-OR) and Congressmen Justin Amash (R-MI) and Thomas Massie (R-KY).

Said Majority Leader McConnell, “We shouldn’t be disarming unilaterally as our enemies grow more sophisticated and aggressive, and we certainly should not be doing so based on a campaign of demagoguery and disinformation launched in the wake of the unlawful actions of Edward Snowden.”

According to NBC News, the three expiring provisions of the PATRIOT Act include the National Security Agency’s authority to collect Americans’ phone records in bulk, a “lone wolf” provision allowing officials to investigate individuals who lack connections to terror groups, and a roving wiretap authority allowing investigators to spy on different communication tools believed to be used by a suspect without obtaining a new warrant each time.

During Sunday’s battle over the PATRIOT Act, Senator Rand Paul blocked efforts to pass the USA FREEDOM Act before the PATRIOT Act was set to expire, but the Senate voted 77-17 to consider the legislation in an upcoming vote, which is expected to happen as soon as Tuesday.

A statement by White House Press Secretary Josh Earnest urged Senators to pass the USA FREEDOM Act and said, “The Senate took an important—if late—step forward tonight. We call on the Senate to ensure this irresponsible lapse in authorities is as short-lived as possible. On a matter as critical as our national security, individual Senators must put aside their partisan motivations and act swiftly. The American people deserve nothing less.”

At Saturday’s Tennessee Republican Party fundraiser, likely presidential candidate Jeb Bush said according to The Associated Press that Senator Paul is wrong and “the PATRIOT Act has kept us safe, plain and simple.”

Senator McCain accused Rand Paul of playing politics with national security by thwarting the spying legislation and said according to Politico, “I know what this is about — I think it’s very clear – this is, to some degree, a fundraising exercise. He obviously has a higher priority for his fundraising and political ambitions than for the security of the nation.”

The Daily Beast notes that GOP presidential candidate Senator Ted Cruz said of Rand’s stand against NSA spying, “I disagree with allowing key provisions of federal law to expire that allow the national security team to target radical Islamic terrorists.”

Congressman Thomas Massie defended Paul against those who say that he has exposed the nation to risk by allowing the PATRIOT Act to expire and said, “He’s exposing the country to the Constitution. And the senators that think that’s dangerous are saying the Constitution’s dangerous.”

Said Senator Paul during Sunday’s fireworks, “Tonight begins the process of ending bulk collection… People here in town think I’m making a huge mistake. Some of them, I think, secretly want there to be an attack on the United States so they can blame it on me.”

NSA officials told CNN that the National Security Agency officially ended its bulk metadata collection program at 7:44 PM EST on Sunday.

Senate Reconvenes For Last-Minute Attempt To Revive Patriot Act

UPDATE: June 1st 12:01 a.m. Eastern – Section 215 of the Patriot Act has expired.

UPDATE: 8 p.m. Eastern – The Senate voted, 77-17, to advance the USA Freedom Act, a bill that would change the channels through which the U.S. Government collects Americans’ data. Sunday’s vote sets up the bill for a final vote this week, and if passed, the bill would then be sent to President Obama to sign.

While the Senate waits for a final vote on the USA Freedom Act, three sections of the Patriot Act will expire on June 1, including the controversial Section 215, which is used by the National Security Agency to justify its collection of Americans’ phone records.

Following the vote to advance the USA Freedom Act, Sen. Rand Paul, who has led the campaign for abolishing the Patriot Act altogether, took to the Senate Floor, and said that although Section 215 will expire tonight, it will “only be temporary,” and those in favor of NSA surveillance will “ultimately get their way.”

I think the majority of the American people do believe the government has gone too far,” Paul said. “In Washington, it’s the opposite, but I think Washington is out of touch. There will be 80 votes to say ‘continue the Patriot Act,’ maybe more, but if you go into the general public, if you get outside of the beltway and visit America, it’s completely the opposite.

Paul also addressed comments from Senators such as Dan Coats (R-Ind.) and John McCain (R-Ariz.), who have equated a possible expiration of the Patriot Act to a “win” for terrorists around the world:

[pull_quote_center]The people who argue that the world will end, and we’ll be overrun by Jihadists tonight are trying to use fear. They want to take just a little bit of your liberty, and they get it by making you afraid. . . . They tell you if you have nothing to hide, you have nothing to fear. It’s a far cry from the standard we are founded upon: innocent until proven guilty.[/pull_quote_center]

6:20 p.m. Eastern – On Sunday, the United States Senate reconvened after a weeklong recess, for a last-minute debate on the future of the National Security Agency’s mass surveillance program.

With the possible expiration of Section 215 of the Patriot Act approaching on June 1, the USA Freedom Act was created, and presented as a way to curb Section 215 by transferring the bulk collection Americans’ phone records to private companies. While advocates for the USA Freedom Act claim that it will end the NSA’s bulk data collection, those in opposition say that it wouldn’t end the government’s collection; it would only change the channels the government went through to collect Americans’ records.

While the USA Freedom Act was passed in the House of Representatives by an overwhelming vote of 338-88, it failed to reach the 60-vote threshold needed in the Senate, with a 57-42 vote on Friday.

Click here to watch the live feed from the Senate floor.

GOP Presidential candidate and Sen. Rand Paul (R-Ky.), who led the charge to block a direct extension of the Patriot Act, vowed to force the expiration of the NSA’s massive surveillance program altogether.

On the Senate floor on Sunday, Paul was noted that the NSA’s massive surveillance program has been ruled illegal by a federal appeals court.

We’re not collecting the information of spies,” Paul said. “We’re not collecting the information of terrorists. We’re collecting the information of Americans, all of the time.

Rand Paul To Force The Expiration of NSA Spy Program

Senator and Republican presidential candidate Rand Paul (R-KY) will be spending Sunday forcing the expiration the Patriot Act’s surveillance provisions.

On Saturday, Paul made a declaration to refuse to allow any votes that would extend current law beyond its June 1st expiration, as well any votes for the USA Freedom Act that would reform portions of the Patriot Act.

Paul’s statement is in full below.

“I have fought for several years now to end the illegal spying of the NSA on ordinary Americans. The callous use of general warrants and the disregard for the Bill of Rights must end. Forcing us to choose between our rights and our safety is a false choice and we are better than that as a nation and as a people.

That’s why two years ago, I sued the NSA. It’s why I proposed the Fourth Amendment Protection Act. It’s why I have been seeking for months to have a full, open and honest debate on this issue– a debate that never came.

So last week, seeing proponents of this illegal spying rushing toward a deadline to wholesale renew this unconstitutional power, I filibustered the bill. I spoke for over 10 hours to call attention to the vast expansion of the spy state and the corresponding erosion of our liberties.

Then, last week, I further blocked the extension of these powers and the Senate adjourned for recess rather than stay and debate them.

Tomorrow, we will come back with just hours left before the NSA illegal spying powers expire.

Let me be clear: I acknowledge the need for a robust intelligence agency and for a vigilant national security. I believe we must fight terrorism, and I believe we must stand strong against our enemies.

But we do not need to give up who we are to defeat them. In fact, we must not.

There has to be another way. We must find it together. So tomorrow,

[bctt tweet=”I will force the expiration of the NSA illegal spy program. @RandPaul”]

I am ready and willing to start the debate on how we fight terrorism without giving up our liberty.

Sometimes when the problem is big enough, you just have to start over. The tax code and our regulatory burdens are two good examples.

Fighting against unconditional, illegal powers that take away our rights, taken by previous Congresses and administrations is just as important.

I do not do this to obstruct. I do it to build something better, more effective, more lasting, and more cognizant of who we are as Americans.”

Joining the fight against Patriot Act surveillance extension is Congressman Justin Amash (R-MI), who has been attending the House of Representatives’ pro forma sessions to block Speaker John Boehner from using low turnout to hold voice votes to extend the legislation’s spying provisions. Congressman Thomas Massie (R-KY) has joined Amash in keeping watch over a mostly empty House floor. “It only takes one of 435 members to be here on the floor of the House to stop something from passing on unanimous consent,” said Massie.

Dennis Hastert Pushed For The Patriot Act That Led To His Indictment

On Thursday, the Department of Justice announced that former U.S. House Speaker J. Dennis Hastert (R-Ill.) has been indicted for paying  $3.5 million in “hush money” to ensure silence about his “prior misconduct” in a town where he was a high school teacher.

The grand jury indictment states that Hastert, 73, has been charged with one count of evading bank regulations and withdrawing $952,000 in increments of less than $10,000 in separate transactions on at least 106 occasions, and one count of lying to the FBI about the reason behind the transactions.

According to the Associated Press, each count against Hastert “carries a maximum penalty of five years in prison and a $250,000 fine.”

The Huffington Post noted that Hastert, who has taken credit for the Patriot Act’s passage in the House of Representatives in 2001, found out the hard way that the law he helped pass has given federal law enforcement the tools to indict him.

The indictment describes the person who received the “hush money” as “Individual A,” and noted that while Hastert was a high school teacher and a coach in Yorkville, Illinois, from 1965 to 1981, Individual A has been a resident of Yorkville, and has known Hastert most of Individual A’s life.

The AP noted that the indictment is very vague, and in addition to not telling what Hastert’s “prior misconduct” was, it also does not tell Hastert’s relationship with “Individual A.”

Jeff Cramer, a former federal prosecutor and head of the Chicago office of the investigation firm Kroll, told the AP that the language of the indictment suggests that the misconduct was related to Hastert’s position as a coach and teacher.

“Notice the teacher and coach language,” Cramer said. “Feds don’t put in language like that unless it’s relevant.”

In the aftermath of 9/11, Hastert was largely in favor of implementing the Patriot Act, which passed in the House of Representatives on Oct. 24, 2001, with a vote of 357 to 66.

In 2011, Haster took credit for passing the Act in the House, and told Real Clear Politics that passing the Act was not an easy task, because it “wasn’t popular, and there was a lot of fight in the Congress” over it.

The Huffington Post noted that the indictment “suggests that law enforcement officials relied on the Patriot Act’s expansion of bank reporting requirements to snare Hastert,” because it “increased the scope of cash reporting laws to help trace funds used for terrorism.”

White House: Congress Is Playing ‘Russian Roulette’ With The Patriot Act

In preparation for the possible expiration of certain provisions of the Patriot Act, the Obama administration is urging the Senate to act, and warning of repercussions that might occur if the Act expires altogether.

The Washington Post reported that at a press briefing on Wednesday, a senior administration official likened the fact that the Senate has not passed either an outright extension of the Patriot Act, or the USA Freedom Act, to it playing a game of “national security Russian roulette.”

“What you’re doing essentially is you’re just playing national security Russian roulette,” the official said. “That’s a game that you can play. But we urge Congress not to play that game with these uncontroversial authorities.”

The USA Freedom Act was presented by lawmakers as a way to curb Section 215 of the Patriot Act, which is used by the NSA to justify its bulk collection of Americans’ data. While advocates for the USA Freedom Act claim that it will end the NSA’s bulk data collection, those in opposition to the bill, such as Rep. Justin Amash  (R-Mich.) say that it wouldn’t end the collection; it would only change the channels the government went through to collect Americans’ records.

While the USA Freedom Act was passed in the House of Representatives by an overwhelming vote of 338-88, it failed to reach the 60-vote threshold needed in the Senate, with a 57-42 vote on Friday.

Congress adjourned for a week-long recess early Saturday, leaving the final decision on the future of Section 215 up to a last minute vote when they return on May 31, one day before the section is set to expire.

GOP Presidential candidate Sen. Rand Paul (R-Ky.) has been the face of the campaign to abolish the NSA’s surveillance program altogether. Paul took to the floor of the Senate for 10 hours and 30 minutes on Wednesday to filibuster the renewal of Section 215, and he was a prominent voice against the act’s extension, when it came to a vote on Friday, fighting back against Sen. Mitch McConnell (R-Ky.), the Senate majority leader, who pushed for an “clean” extension of the bill.

On Tuesday, White House Press Secretary Josh Earnest said that if the Patriot Act expires altogether, the White House has no “Plan B.”

“The fact is I’m not aware of any ‘Plan B’ that exists or that is currently being contemplated,” Earnest said. “There are significant consequences for the Senate’s failure to act. It would certainly put at great risk these programs and could risk a lapse in some of these important national security capabilities.”

During the recess, the New York Times reported that senior lawmakers are “scrambling this week in rare recess negotiations to agree on a face-saving change to legislation” that would save a form of the NSA’s massive surveillance program.

The Obama administration joined in the campaign to support the USA Freedom Act, with President Obama urging the Senate to pass the Act, just as the House did.

“The House of Representatives did its work and came up with what they called the USA Freedom Act, which strikes an appropriate balance,” Obama said. “Our intelligence communities are confident that they can work with the authorities that are provided in that act passed on a bipartisan basis.”

In addition to the USA Freedom Act being passed on a bipartisan basis, Paul’s stance against it has also been a bipartisan effort. During his time on the Senate Floor speaking out against the Patriot Act, Paul was joined by seven Democrats and three Republicans.

Obama called out the Senate for not passing the USA Freedom Act, and said that the powers that are lost if the Patriot Act expires are ones that could hurt the security of the American people.

“The Senate did not act, and the problem we have now is that those authorities run out at midnight on Sunday,” Obama said. “So, I strongly urge the Senate to work through this recess and make sure that they identify a way to get this done.

While Obama put emphasis on urging the Senate to act, Paul noted that the NSA’s bulk data collection was recently ruled illegal, and called the President disingenuous, because even though he said wanted to protect civil liberties, he has yet to stop the program.

Investigative journalist Ben Swann explained how section 215 of the Patriot Act is collecting the data of innocent Americans in an episode of Truth in Media:

https://www.youtube.com/watch?v=BrY_bmdi-N4

Rep. Amash Skips House Recess to Make Sure Speaker Boehner Does Not Extend PATRIOT Act

Most of Congress might be away for the week, but the chess game between civil libertarians and security hawks over the USA PATRIOT Act’s expiring bulk phone records collection powers rages on unabated. After Senator Rand Paul ran the clock out on the PATRIOT Act by first filibustering and then objecting to even the briefest extensions of the legislation’s Section 215 spying authority until the moment the Senate left for recess, the Obama administration began to wind down the National Security Agency’s mass hoarding of Americans’ private data.

An emergency Senate session has been planned for May 31 as security hawks lobby to extend the expiring spy powers while civil libertarians attempt to hold the line and block any extension before the legislation’s June 1 expiration date. However, according to The Hill, pro-privacy Congressman Justin Amash (R-MI) fears that House Speaker John Boehner may attempt to take advantage of this week’s low turnout at pro forma House sessions to sneak through an extension of the PATRIOT Act via voice vote. Consequently, Amash has decided to skip recess and attend the pro forma sessions to ensure that a PATRIOT Act reauthorization or extension does not slip through the House of Representatives.

Though John Boehner’s aides have said that he will not use the underhanded technique to override the will of the House, Justin Amash tweeted the Ronald Reagan quote “Trust, but verify” as he left Tuesday’s uneventful pro forma session. Pro-privacy Congressman Thomas Massie (R-KY) said last Thursday, “I just asked for an assurance [that Boehner will not extend the PATRIOT Act via voice vote] and they wouldn’t give it to me.”

Another pro forma session, viewed largely as a poorly-attended formality during recess weeks, is scheduled for Friday.

The Hill‘s Julian Hattem wrote, “Both Amash and [Congressman] Massie took up space on the Senate floor during the upper chamber’s frenzied voting late Friday night, and could be seen repeatedly huddling with like-minded Sen. Rand Paul (R-KY), who stood as an obstacle to Majority Leader Mitch McConnell’s (R-KY) plans for a ‘clean’ short-term extension… The House members’ presence at the Senate votes caused many watchers to speculate they would spend the week in Washington to keep an eye on the House.”

Though the House of Representatives did pass the USA FREEDOM Act, a bill that many representatives say does not include the sweeping Section 215 spy powers, Congressman Justin Amash has suggested that the legislation would instead force private companies to spy on behalf of the government. The USA FREEDOM Act has not yet prevailed in the Senate.

Earlier this month, a federal appeals court ruled that the NSA’s unpopular bulk data collection program is illegal.