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Rand Paul Is Right: NSA Routinely Monitors Americans' Communications Without Warrants


From: "Dave Farber" <farber () gmail com>
Date: Wed, 15 Mar 2017 08:41:37 -0400




Begin forwarded message:

From: Dewayne Hendricks <dewayne () warpspeed com>
Date: March 15, 2017 at 8:16:22 AM EDT
To: Multiple recipients of Dewayne-Net <dewayne-net () warpspeed com>
Subject: [Dewayne-Net] Rand Paul Is Right: NSA Routinely Monitors Americans' Communications Without Warrants
Reply-To: dewayne-net () warpspeed com

[Note:  This item comes from friend David Rosenthal.  DLH]

Rand Paul Is Right: NSA Routinely Monitors Americans’ Communications Without Warrants
By Glenn Greenwald
Mar 13 2017
<https://theintercept.com/2017/03/13/rand-paul-is-right-nsa-routinely-monitors-americans-communications-without-warrants/>

On Sunday’s Face the Nation, Sen. Rand Paul was asked about President Trump’s accusation that President Obama ordered 
the NSA to wiretap his calls. The Kentucky senator expressed skepticism about the mechanics of Trump’s specific 
charge, saying: “I doubt that Trump was a target directly of any kind of eavesdropping.” But he then made a broader 
and more crucial point about how the U.S. government spies on Americans’ communications — a point that is 
deliberately obscured and concealed by U.S. government defenders.

Paul explained how the NSA routinely and deliberately spies on Americans’ communications — listens to their calls and 
reads their emails — without a judicial warrant of any kind:

The way it works is, the FISA court, through Section 702, wiretaps foreigners and then [NSA] listens to Americans. It 
is a backdoor search of Americans. And because they have so much data, they can tap — type Donald Trump into their 
vast resources of people they are tapping overseas, and they get all of his phone calls.

And so they did this to President Obama. They — 1,227 times eavesdrops on President Obama’s phone calls. Then they 
mask him. But here is the problem. And General Hayden said this the other day. He said even low-level employees can 
unmask the caller. That is probably what happened to Flynn.

They are not targeting Americans. They are targeting foreigners. But they are doing it purposefully to get to 
Americans.

Paul’s explanation is absolutely correct. That the NSA is empowered to spy on Americans’ communications without a 
warrant — in direct contravention of the core Fourth Amendment guarantee that “the right of the people to be secure 
in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and 
no Warrants shall issue, but upon probable cause” — is the dirty little secret of the U.S. Surveillance State.

As I documented at the height of the controversy over the Snowden reporting, top government officials — including 
President Obama — constantly deceived (and still deceive) the public by falsely telling them that their 
communications cannot be monitored without a warrant. Responding to the furor created over the first set of Snowden 
reports about domestic spying, Obama sought to reassure Americans by telling Charlie Rose: “What I can say 
unequivocally is that if you are a U.S. person, the NSA cannot listen to your telephone calls … by law and by rule, 
and unless they … go to a court, and obtain a warrant, and seek probable cause.”

The right-wing chairman of the House Intelligence Committee at the time, GOP Rep. Mike Rogers, echoed Obama, telling 
CNN the NSA “is not listening to Americans’ phone calls. If it did, it is illegal. It is breaking the law.”

Those statements are categorically false. A key purpose of the new 2008 FISA law — which then-Senator Obama voted for 
during the 2008 general election after breaking his primary-race promise to filibuster it — was to legalize the 
once-controversial Bush/Cheney warrantless eavesdropping program, which the New York Times won a Pulitzer Prize for 
exposing in 2005. The crux of the Bush/Cheney controversy was that they ordered NSA to listen to Americans’ 
international telephone calls without warrants — which was illegal at the time — and the 2008 law purported to make 
that type of domestic warrantless spying legal.

[snip]

Dewayne-Net RSS Feed: <http://dewaynenet.wordpress.com/feed/>





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