Posts Tagged ‘Laura Donohue’

“….Legal, but Unconstitutional…”

June 23, 2013
Laura K. Donohue is a professor at Georgetown University Law Center and director of Georgetown’s Center on National Security and the Law.

Laura K. Donohue is a professor at Georgetown University Law Center and director of Georgetown’s Center on National Security and the Law.

Today, in The Washington Post (read whole article, click this link) Professor Donohue states:

  • As for Section 702 of FISA, the Supreme Court has held that the Fourth Amendment does not protect foreigners from searches conducted abroad. But it has never recognized a foreign intelligence exception to the warrant requirement when foreign-targeted searches result in the collection of vast stores of citizens’ communications.

    Americans reasonably expect that their movements, communications and decisions will not be recorded and analyzed by the government. A majority of the Supreme Court seems to agree. Last year, the court considered a case involving 28-day GPS surveillance. Justice Samuel Alito suggested that in most criminal investigations, long-term monitoring “impinges on expectations of privacy.” Justice Sonia Sotomayor recognized that following a person’s movements “reflects a wealth of detail about her familial, political, professional, religious, and sexual associations.”

    The FISC is supposed to operate as a check. But it is a secret court, notorious for its low rate of denial. From 1979 to 2002, it did not reject a single application. Over the past five years, out of nearly 8,600 applications, only two have been denied.

    Congress has an opportunity to create more effective checks on executive power. It could withdraw Sections 215 and 702 and introduce new measures to regulate intelligence collection and analysis. There are many options.

    James Madison put it best: “In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”

  • Also, read from The Guardian Valerie Plame Wilson and Joe Wilson’s story ” The NSA’s metastasised intelligence-industrial complex is ripe for abuse”

    And more from The Guardian, “Edward Snowden ‘arrives in Moscow” on his way to Cuba, then Venezuela?

    And from yesterday’s The Guardian article by Glenn Greeenwald “On the Espionage Act charges against Edward Snowden”

    Friends, we need to gain control of Congress to do what is in the best interest of the citizens they represent. We are the government and they are our elected representatives. They represent us. If your member of Congress does not do what is right, then don’t re-elect them.

    Demand that FISA law be changed, and the Un-Patriot Act must be rescinded.

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