Donald Trump Comes Out Against 4th Amendment

Trump-constitution

Donald Trump Comes Out Against 4th Amendment:

(RPIIn his main stage speech at the Republican National Convention in July, Rudy Giuliani, a former New York City mayor and current advisor to Republican presidential nominee Donald Trump, predicted, “What I did for New York, Donald Trump will do for America.” That does seem to accurately state Trump’s intention, at least as far as expanding Giuliani’s stop-and-frisk police activity across the country is concerned.

On Friday, NBC10 reporter Lauren Mayk asked Trump what police in Philadelphia “are not doing that they could be doing” for dealing with “gun violence,” Trump’s response included asserting that “stop-and-frisk,” which Trump credits to Giuliani, “is a very positive thing.” This is not just some one-off statement by Trump regarding stop-and-frisk. In July of 2013, Trump posted the following message on Twitter:

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Federal Court: The Fourth Amendment Does Not Protect Your Home Computer

Federal Court: The Fourth Amendment Does Not Protect Your Home Computer:

In a dangerously flawed decision unsealed today, a federal district court in Virginia ruled that a criminal defendant has no “reasonable expectation of privacy” in his personal computer, located inside his home. According to the court, the federal government does not need a warrant to hack into an individual’s computer.

This decision is the latest in, and perhaps the culmination of, a series of troubling decisions in prosecutions stemming from the FBI’s investigation of Playpen—a Tor hidden services site hosting child pornography. The FBI seized the server hosting the site in 2014, but continued to operate the site and serve malware to thousands of visitors that logged into the site. The malware located certain identifying information (e.g., MAC address, operating system, the computer’s “Host name”; etc) on the attacked computer and sent that information back to the FBI.  There are hundreds of prosecutions, pending across the country, stemming from this investigation.

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Meet CISA – Dianne Feinstein’s Latest Attack On Privacy, Civil Liberties And The Internet

Dianne-FeinsteinOrganized crime

Meet CISA – Dianne Feinstein’s Latest Attack on Privacy, Civil Liberties and the Internet (Liberty, Blitzkrieg, July 15, 2014):

There’s not much good you can count on Congress to accomplish, but when it comes to introducing and passing oligarch protecting, civil liberties destroying legislation, our “representatives” are absolutely relentless in their determination. Unsurprisingly, the only “distinctly native American criminal class,” as Mark Twain described Congress, is at it again when it comes to institutionalizing spying and attempting a legal run around the Bill of Rights.

One thing that has become crystal clear since the Edward Snowden revelations, is that much of Congress has no problem at all with unconstitutional spying. Rather, they are primarily upset it was exposed and are dead set on making sure no other whistleblower can ever do the same. Enter CISA, or The Cybersecurity Information Sharing Act.

I’ve spent much of today reading about the bill, and have compiled what I think are the most astute observations. First, from the ACLU:

Read moreMeet CISA – Dianne Feinstein’s Latest Attack On Privacy, Civil Liberties And The Internet

U.S. Supreme Court To Decide If Warrant Needed To Search Cellphone

U.S. Constitution

Fourth Amendment

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.


Supreme Court To Decide If Warrant Needed To Search Cellphone (NPR, Jan 17, 2014):

The U.S. Supreme Court is delving into the technology-versus-privacy debate, agreeing to hear two cases that test whether police making an arrest may search cellphones without a warrant.

The court’s announcement Friday that it would take the cases came just hours after President Obama outlined his proposals to address government retention of citizen phone data as outlining reforms at the National Security Agency.

The court said it would hear arguments, likely in April, in two cases with conflicting decisions from the lower courts.

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Americans Have Lost VIRTUALLY ALL Of Our Constitutional Rights


Painting by Anthony Freda: www.AnthonyFreda.com

Americans Have Lost VIRTUALLY ALL of Our Constitutional Rights (ZeroHedge, Oct 17, 2013):

This post explains the liberties guaranteed in the Bill of Rights – the first 10 amendments to the United States Constitution – and provides a scorecard on the extent of the loss of each right.  (This is an updated version of an essay we wrote in February.  Unfortunately, a lot of information has come out since then.)

First Amendment

The 1st Amendment protects speech, religion, assembly and the press:

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Here’s What Supreme Court Justice Antonin Scalia Thinks About Your Privacy Rights …

This is What Supreme Court Justice Antonin Scalia Thinks About Your Privacy Rights… (Liberty Blitzkrieg, Sep 26, 2013):

Supreme Court Justice Antonin Scalia spoke yesterday at the Northern Virginia Technology Council’s (NVTC) Titans breakfast gathering in McLean, Virginia. He discussed the fact that prior to a Supreme Court decision in 1967, there were no constitutional prohibitions on wiretaps because conversations were not explicitly granted privacy protection under the Fourth Amendment. He goes on to imply that he thinks it was better before such privacy rights existed. According to the AP:

Scalia said that before the court’s 1967 opinion on wiretapping, the high court held the view that there were no constitutional prohibitions on wiretaps because conversations were not explicitly granted privacy protection under the Fourth Amendment, which protects against Americans against unreasonable search and seizure of “their persons, houses, papers, and effects.”

But he said then the Warren court stepped in and found that “there’s a generalized right of privacy that comes from penumbras and emanations, blah blah blah, garbage.”

Blah, blah, blah garbage is how a Supreme Court Justice describes privacy protections. Protections that may have prevented FBI surveillance against Martin Luther King Jr., John Lennon and countless other activists. Remember that: All My Heroes Have FBI Files.

Read moreHere’s What Supreme Court Justice Antonin Scalia Thinks About Your Privacy Rights …

Obama Administration Asks Supreme Court To Allow Warrantless Cellphone Searches

Obama administration asks Supreme Court to allow warrantless cellphone searches (Washington Post, Aug 19, 2013):

If the police arrest you, do they need a warrant to rifle through your cellphone? Courts have been split on the question. Last week the Obama administration asked the Supreme Court to resolve the issue and rule that the Fourth Amendment allows warrantless cellphone searches.

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Fascist Mayor Michael Bloomberg Seeks Mandatory Fingerprinting For NYC Public Housing Residents

Bloomberg seeks mandatory fingerprinting for NYC public housing residents (RT, Aug 17, 2013):

The 620,000 residents living in public housing projects should be fingerprinted as a crime-prevention measure, said New York Mayor Michael Bloomberg, but many city residents protest that the proposal is an invasion of privacy.

Bloomberg, 71, who has acquired a reputation for promoting controversial ideas, including imposing a ban on the sale of large soft drinks, says his latest proposal will make public housing safer.

“The people that live (in public housing), most of them, want more police protection,” the three-time mayor said on his weekly WOR radio broadcast Friday. “They want more people. If you have strangers walking in the halls of your apartment building, don’t you want somebody to stop and say: ‘Who are you, why are you here?’”

He added: “What we really should have is fingerprinting to get in, since there’s an allegation that some of the apartments aren’t occupied by the people who originally have the lease.”

Just 5 percent of New York’s population lives in public housing, but 20 percent of the city’s reported crime is committed by residents of government-subsidized housing projects, Bloomberg said.

“We’ve just got to find some way to keep bringing crime down there.”

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FISA Court Creates Secret Body Of Law, Broadens Powers of NSA

H/t reader M.G.:

“Just found this article on today’s NY Times: Secret court of 11 judges staffed by John Roberts was established to rubber stamp government spying on US Citizens. It was established some years ago, and all the judges are Republicans. This court only hears the government’s side, never the others.
Absolutely terrifying! This is part of the info Snowden was exposing, explaining in part why this government is so upset. It suspends much of the 4th amendment to battle “terrorism”.”


In Secret, Court Vastly Broadens Powers of N.S.A. (The New York Times, July 7, 2013):

WASHINGTON — In more than a dozen classified rulings, the nation’s surveillance court has created a secret body of law giving the National Security Agency the power to amass vast collections of data on Americans while pursuing not only terrorism suspects, but also people possibly involved in nuclear proliferation, espionage and cyberattacks, officials say.The rulings, some nearly 100 pages long, reveal that the court has taken on a much more expansive role by regularly assessing broad constitutional questions and establishing important judicial precedents, with almost no public scrutiny, according to current and former officials familiar with the court’s classified decisions.

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NSA Whistleblower Thomas Drake: Snowden Saw What I Saw: Surveillance Criminally Subverting The Constitution


Thomas Drake, NSA whistleblower, in a still from the Robert Greenwald documentary War on Whistleblowers. Photograph: guardian.co.uk

Snowden saw what I saw: surveillance criminally subverting the constitution (Guardian, June 12, 2013, by Thomas Drake):

What Edward Snowden has done is an amazingly brave and courageous act of civil disobedience.

Like me, he became discomforted by what he was exposed to and what he saw: the industrial-scale systematic surveillance that is scooping up vast amounts of information not only around the world but in the United States, in direct violation of the fourth amendment of the US constitution.

The NSA programs that Snowden has revealed are nothing new: they date back to the days and weeks after 9/11. I had direct exposure to similar programs, such as Stellar Wind, in 2001. In the first week of October, I had an extraordinary conversation with NSA’s lead attorney. When I pressed hard about the unconstitutionality of Stellar Wind, he said:

“The White House has approved the program; it’s all legal. NSA is the executive agent.”

It was made clear to me that the original intent of government was to gain access to all the information it could without regard for constitutional safeguards. “You don’t understand,” I was told. “We just need the data.”

In the first week of October 2001, President Bush had signed an extraordinary order authorizing blanket dragnet electronic surveillance: Stellar Wind was a highly secret program that, without warrant or any approval from the Fisa court, gave the NSA access to all phone records from the major telephone companies, including US-to-US calls. It correlates precisely with the Verizon order revealed by Snowden; and based on what we know, you have to assume that there are standing orders for the other major telephone companies.

Read moreNSA Whistleblower Thomas Drake: Snowden Saw What I Saw: Surveillance Criminally Subverting The Constitution