Jeff Neal for C.U.R.E. - Certain Unalienable Rights Endowment

Can you spell Kangaroo? It’s F – I – S – A

In Opinion on June 10, 2013 at 9:08 am

Worried about your privacy?  Worried about government intrusion into your life?  Well, sleep tight, Snow White, FISC is here.

A good friend wrote to me as follows.

The good news:  Before your government can track your phone records, a judge has to review a Department of Justice application for permission for it to do so.

The bad news:  According to the DoJ, reporting in accordance with Section 107 of the Foreign Intelligence Surveillance Act of 1978, (see memo here) the Department submitted 1789 applications to the Foreign Intelligence Surveillance Court (“FISC”) for “authority to conduct electronic surveillance” of persons in the US.  Of those requests, the DoJ withdrew 1 and the FISA court approved 1788.

Eat your heart out Perry Mason!  Step aside Johnny Cochran, Eric Holder is here!  OK, Perry is fictional and Johnny has passed away, but why didn’t OJ call Eric Holder for help during his Las Vegas troubles?  I am amazed that the country has been able to keep Mr. Holder’s services for so long.  With his 1788-0-1 record, surely every law firm in America must be seeking his services as a litigator.  Imagine the money he could make!

So the rest of you fret and lose sleep over the leadership at the top of American justice system . . . not I.  No, tonight I will concern myself with mundane matters.  Tonight’s topic: How long before the acronym ‘FISA’ replaces ‘kangaroo’ in the dictionary?”

 

Sleep well, America.  You’re not going to like what you see tomorrow morning.  Prince Charming isn’t.

Was the Fourth Amendment Repealed?

In Opinion on May 31, 2013 at 11:39 am

holderLet me see if I have this right.  First, Eric Holder is caught with his hand in the cookie jar (while chewing a few cookies already) having authorized illegal confiscation of at least one journalist’s phone records, a clear threat to the freedom of the press and a violation of the First Amendment (not to mention the Fourth, about which more later).  Then he convenes a priviate meeting with a select group of really, really important members of the press (The Wall Street Journal, the Washington Post, the New York Daily News, Politico and the New Yorker) to discuss rules and guidelines concerning his future trips into the kitchens of this special class of citizens called journalists and reporters.

In the paper of one of the lucky few attendees, The Wall Street Journal, (Full Article HERE) we read:

Mr. Holder and aides said they were open to changing the guidelines the department uses to broaden the circle of officials who have to agree that subpoenas are justified as a last resort. The officials also said they were open to annual reviews with news organizations . . . The department’s guidelines haven’t been revised in more than two decades, and the officials said they needed to be updated to deal with significant changes in news gathering that have occurred in that time.  Mr. Holder asked news executives to speak with him in the wake of two controversial leak investigations of the Associated Press and Fox News in which reporters’ phone records were seized.

So, for our Department of Justice, for this White House, it goes like this:

  • break the law,
  • deny having broken the law,
  • convene a meeting to confess the breach,
  • cop a plea with the victims,
  • cite the need to ‘update’ the government’s interpretation of the US Constitution,
  • change the rules concerning who is empowered to ignore the US Constitution,
  • triple promise to abide by new rules, and
  • voila, all’s good and well.

In other words, some media moguls will negotiate with the Department of Justice guidelines meant to protect a certain class of people, journalists and reporters, from unreasonable searches and seizures because their jobs as journalists and reporters is really extra special (see First Amendment).

That’s fine, sort of.  But what about YOUR Fourth Amendment rights?  Has Eric Holder called you into his office to reassure you that the government remembers that part of the Constitution?  He has yet to call me.

Oh, but no need to worry.  If the government raids your home, opens your bank records, reviews your internet footprint, or taps into your FaceBook and email accounts, at least the press will be allowed to write about it.

_______________

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.

Governor Christie’s Dance With Obama [@ Gettysburg?]

In Opinion on May 29, 2013 at 2:50 pm

The New York Times, with obvious admiration, accuses Governor Chris Christie of openly using the power and prestige of his office to advance his political career to ensure long-term tenure in office.  And no one objects.  Reporting on President Obama’s visit to the Jersey Shore with Governor Chris Christie, The Times tells us:

For his part, Mr. Christie has fashioned a potent political brand as a no-nonsense leader, whose clarity in a crisis can transcend the tired niceties and rivalries of the partisan game. The president has served as a ready foil and, more to the point, a provider of the kinds of tangible goods — money, resources and a friend in the bully pulpit — that can be political gold after a disaster, particularly in the blue-leaning state.

And

Politically speaking, Mr. Christie needed to walk a careful line. If he seeks the Republican nomination for president in 2016 and appears to be too friendly with the president, his Republican rivals could use it against him. But that chumminess could be an asset when it comes to winning over swing voters, if he becomes the nominee.

And

Mr. Christie has also been criticized in his state for appearing with his family in a television advertisement that was paid for with storm recovery money. The commercial is intended to promote the shore, but Democrats have argued that it is little more than a thinly veiled re-election ad for the governor.

For the moment, the trick for both men was to appear as if they do not care about the politics.

christieIn other words, they’re both really really good at faking things, a.k.a. knowingly and admittedly bending and massaging the truth with impunity for the sole, stated purpose of keeping power.  And of course that sounds familiar, because it’s the mark of, a prerequisite to becoming, a highly-successful modern politician.

So, what’s remarkable?  What’s objectionable?  Who even cares?  No one, that’s who cares.  And, there you have the question and answer to “what’s wrong with our nation’s polity?”  That Governor Christie’s opponents and supporters alike praise his abuse of power as ‘just good politics’ is prima facie evidence that the American experiment in self-government is failing [has "perished from the earth"?].  Only a clean sweep on the scale of a [peaceful?] civil revolution will restore our government “of the people, by the people, for the people” – a government of a nation “conceived in Liberty“ - a government that reveres and respects individual liberties over perpetuating its own power.

______________________________

Four score and seven years ago our fathers brought forth on this continent, a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal.

Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure. We are met on a great battle-field of that war. We have come to dedicate a portion of that field, as a final resting place for those who here gave their lives that that nation might live. It is altogether fitting and proper that we should do this.

But, in a larger sense, we can not dedicate — we can not consecrate — we can not hallow — this ground. The brave men, living and dead, who struggled here, have consecrated it, far above our poor power to add or detract. The world will little note, nor long remember what we say here, but it can never forget what they did here. It is for us the living, rather, to be dedicated here to the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us — that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion — that we here highly resolve that these dead shall not have died in vain — that this nation, under God, shall have a new birth of freedom — and that government of the people, by the people, for the people, shall not perish from the earth.

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