GOP Leadership: doubtful they can even spell the word...
Update
on the NSA bulk data gathering:
WASHINGTON — In
a remarkable turnaround, Senate Republicans have agreed to debate a House bill
that would overhaul the National Security Agency's handling of Americans'
calling records (see below reference) that at the same time would help preserve other domestic surveillance provisions.
But that move
didn't happen soon enough to prevent expiration of legal authority for the
programs from expiring at midnight Sunday night. Now Sen. Rand Paul (R-KY), a 2016
presidential contender, is hitting the airwaves hammering Mr. Obama. Keep in mind it was he who stood and still stands in the way of extending the overall program.
That is angering his GOP
colleagues, frustrating intelligence and law enforcement officials, and
generally pissing off most GOPers who want the mass bulk collection left in
place to “keep us safe from ISIS coming here and killing us all” (Sen. Lindsey Graham’s words – not mine) (Related Note: Sen. Graham off and running today, too).
So, the question is
whether the Senate will pass a bill the House passed and can live with (see
below reference), and if so, then the surveillance program will resume, but
with some major and significant changes in how the phone records are collected
and handled, or if not, will remain dormant?
I think as millions
of others think, this inaction could harm our tracking of any bad guys – the
issue is simple: Yes, collect and act on what data is considered applicable,
but NOT info on every single American with a telephone or tablet or computer. That makes no sense unless done legally and
court approved – that is the only issue.
Original Post from Here with Background on the above: On May 13, 2015, the House passed the new the new “Freedom Act” but it is hung up in the Senate now with a lot of fear tactics in play. Sen. Mitch McConnell (R-KY) and others want a “clean extension of the bill specifically Section 215 until 2020 and in its present form.” Opposition and fear are strong on all sides… Where are we now?
THE QUESTION EVERYONE IS ASKING (extracts from here): “What
is the impact if SECTION
215 expires or the entire thing expires and the Senate does not approve the
House’s Freedom Act which lessens fear over the metadata bulk collection?"
Woe
is us, I guess. Ding… please keep in mind that two other “Patriot Act” provisions set
to expire if the Freedom Act is NOT passed (that deal with fighting terrorism as it were) are: (1) The roving wiretap provision, and (2) The lone wolf
tracking provision — are relatively uncontroversial and would be extended
unchanged under either the Freedom Act or a clean re-authorization. (Thus some GOP fear may be misplaced).
FYI:
(1) The roving-wiretap
provision allows investigators to obtain court orders allowing them to follow a
suspect who switches phones, instead of needing an individual warrant for each
device. The FBI has historically said roving wiretaps are an important tool that
allows them not to go dark on targets who might use burner phones and,
(2) The lone-wolf language
allows intelligence services the ability to spy on non-U.S. suspects not
believed to be connected to a terrorist organization or a foreign government. A
pro-reform Hill staffer said that this authority has never actually been used.
Both roving wiretap and lone
wolf will also be turned off if the June 1 expiration occurs. That is a real
concern, more so that the metadata/bulk collection program. Sen. McConnell and his hawks want to keep the
status quo – nothing else … common sense says pass the House version of the
Freedom Act and stop the hand wringing and fear mongering.
However, McConnell and his gang
are not listening much I would argue: Their concerns over losing a
broader Section 215 (bulk collection) are not sufficient reason to support the
House-passed USA Freedom Act as they say – thus we need it all extended until 2020.
So, how did we get to this point? These two references relate to the story in more legal detail, extracts from them follow – click to read each one entirely:
Keep in mind that
a common premise among most of Congress if not most of the public is:
“Congress can do
what pretty much what they please about anything taking a chance on the legal
and public fall out later (call it fingers cross rule) – that is the can enact
laws they choose and make decisions that they want when they want.” (Or, if a presidential veto is overridden).
In essence they
take their chances with any public outrage or legal fallout like now and what is
amazing about that is there are a lot of lawyers serving in Congress. Don’t or didn’t
they know or suspect that the metadata gathering part of the Patriotic Act was
illegal or should be, if so, they apparently did not and do not care even now
since the Snowden leaks to the world?
However, an APPEALS COURT weighed in this way:
In a 97-page ruling, the three-judge panel for the United States Court
of Appeals for the Second Circuit (NY) has held that a provision of
the USA Patriot Act permitting the Federal Bureau of Investigation to
collect business records deemed relevant to a counter-terrorism investigation (e.g.,
that Section 215
– metadata collection) cannot be legitimately interpreted to permit
the systematic bulk collection of domestic calling records, as the Court said
in part: “[that provision of the act] cannot bear the weight the
government asks us to assign to it, and that it does not authorize the
telephone metadata program.”
I think this part of
the ruling is critically important wherein the Judges said:
“We do so comfortably in the full understanding that if
Congress chooses to authorize such a far‐reaching and unprecedented
program, it has every opportunity to do so, and to do so unambiguously.” (That
means in layman’s terms: If congress continues the program they do so knowing
full and well it has been and remains illegal).
In summary I note and
stand firm on these two points:
1. How can Congress, any Congress for that matter, act knowing
something has been ruled illegal or unlawful? Isn’t government supposed to stand
for right and wrong, not the illegal over legal; and do good not bad? To pass good
decent laws that are helpful, not harmful. Well with this bunch right now I
have serious doubts.
2. Pass the House bill and stop worrying, Sen. McConnell and
others. Have some faith and confidence in our system and the parts of the bill left
in place, then fulfill your duties to the people.
Thanks for stopping ... Updates will follow - stay tuned.
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