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US Gov't Can't Be Sued For Warrantless Wiretapping
Wired has an article about a ruling from the 9th U.S. Circuit Court of Appeals saying the government can't be sued over intercepting phone calls without a warrant. The decision (PDF) vacated an earlier ruling which allowed a case to be brought against the government. The plaintiffs in the case argued that the government had implicitly waived sovereign immunity, but today's ruling points out that it can only be waived explicitly. Judge McKeown wrote, "This case effectively brings to an end the plaintiffs’ ongoing attempts to hold the Executive Branch responsible for intercepting telephone conversations without judicial authorization." The ruling does, however, take time to knock down the government's claim that the case was brought frivolously: "In light of the complex, ever-evolving nature of this litigation, and considering the significant infringement on individual liberties that would occur if the Executive Branch were to disregard congressionally-mandated procedures for obtaining judicial authorization of international wiretaps, the charge of 'game-playing' lobbed by the government is as careless as it is inaccurate. Throughout, the plaintiffs have proposed ways of advancing their lawsuit without jeopardizing national security, ultimately going so far as to disclaim any reliance whatsoever on the Sealed Document. That their suit has ultimately failed does not in any way call into question the integrity with which they pursued it."
If a crime lacks consequences, is it still illegal? There's no longer remedy available through criminal prosecution or civil suit.
Oh, wait a minute. He left office almost 4 years ago....
It's funny you should mention that.
Four years ago, when the President was pushing more Executive power, many were against it. Those people who were against it, were called "UnAmerican" or were accused of wanting to "help the terrorists" or "didn't realize the threats" against our country. Others pointed out the any extra powers that the executive branch will eventually be in the hands of the "other guys" - in this case the Democrats.
No one listened.
People were afraid and there was revenge in the air. John Q. Public was/is more than happy to give the Government more powers because they'll only use it for "good" and NEVER use it against anyone who isn't doing anything "wrong".
As we have seen, power is NEVER given up. The Obama Administration can at anytime give up those extra powers that the previous administration acquired.
They haven't. Nor will they.
And neither will the next Presidential Administration regardless of who gets into office - even if it's Ron Paul.
We as citizens have failed. We are at fault. We let emotion and the desire for revenge cloud our thoughts and we gave away our Freedoms. Sure, we were thrown some bones - like being able to own an assault rifle with big honking magazines increases my freedom - Plah-ease. The government keeps a real close eye on gun purchases. As well as large financial transactions - see OFAC - buy a car - even YOU citizen and it's reported to the government (I know it SAYS foreign but it is also used for domestic purchases on EVERYONE. And then there's the government getting information from: ISPs, Cell Phone providers, Medical Information Bureau, VISA, Mastercard, Credit Bureaus, ChoicePoint, Google, etc ... all with just a scary letter. Who needs a Government Database of files on everyone when corporate America does it anyway (scattered bits and pieces but anyone of us here could create our own Stasi SQL script to put it all together) for the sake of Marketing Data?
They're keeping us SAFE after all and if you do nothing wrong, you have nothing to worry about!
Right???
Seems to me that when the government can violate the law with impunity, it is aiming for despotism. The law of the land is respected only so long as everybody (the government included) is held accountable by it equally.
--Udo.
I hesitate to type this but after reading TFA I could only conclude that Congress is, in fact, the enemy. Those responsible for passing the applicable laws should, in my mind, be tried for treason. That or show us all (that is - all of us) the truth about all these plots and evil little plans that threatened to take off half the eastern seaboard. SHOW ME! Cunts.
That we're allowed to (nay, made to) fear and to react to that which we can not see is no longer acceptable. Not. Acceptable.
I. Do. Not. Accept.
\r