NSA / FBI Illegal Domestic SpyingCorruption, World news Monday, May 14th, 2012
NSA Whistleblower reveals NSA is acting in violation of the supreme law of the United States – the Constitution of the United States. The NSA is illegally spying on millions of Americans. Under Stellar Wind – “In effect, the United States of America was turned in the equivalent of a foreign nation for the purpose of dragnet electronic surveillance.” In violation of FISA.
The law governing government eavesdropping on American citizens is well-established and crystal clear. The National Security Act of 1947 contained a specific ban on intelligence operatives from operating domestically.
The law on surveillance begins with the Fourth Amendment to the Constitution, which states clearly that Americans’ privacy may not be invaded without a warrant based on probable cause.
United States Constitution
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, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The US Supreme Court (US v. Katz 389 US 347) has made it clear that this core privacy protection does cover government eavesdropping. As a result, all electronic surveillance by the government in the United States is illegal, unless it falls under one of a small number of precise exceptions specifically carved out in the law.
United States Code Title 50, Chapter 36, Subchapter 1
Section 1809. Criminal sanctions
(a) Prohibited activities
A person is guilty of an offense if he intentionally-
(1) engages in electronic surveillance under color of law except as authorized by statute
FISA contains explicit language describing the president’s powers “during time of war” and provides that “the President, through the Attorney General, may authorize electronic surveillance without a court order under this title to acquire foreign intelligence information for a period not to exceed fifteen days following a declaration of war by the Congress.” 50 U.S.C. § 1811
Even if we accept the argument that the US it at war, Congress never declared war. Congress has only authorized the use of force. Warrantless surveillance would have been legal for only 15 days after the Congress declared war. The fact that no declaration of war has ever been declared by the Congress deems any and all NSA / FBI domestic spying unlawful.
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