A few interested sites are noting a recently published decision in the U.S. v. Hasbajrami case in Brooklyn, New York, where Eastern District Judge LaShann DeArcy Hall identified the misuse of FISA-702 “backdoor searches” regarding defendant, Agron Hasbajrami.
Hasbajrami plead guilty to charges of attempting to provide material support to a terrorist organization, alleging that he intended to travel to the Federally Administered Tribal Area of Pakistan, where he expected to join a terrorist organization, receive training, and ultimately fight against U.S. forces and others in Afghanistan and Pakistan. However, after his guilty plea, while he is serving time in prison, prosecutors admitted some of the evidence against him came as a result of privacy violations, unlawful FISA-702 searches.
Hasbajrami sought to have the evidence against him thrown out on 4th amendment grounds (fruit of the poisoned tree) and withdraw his guilty plea. The Second Circuit Court of Appeals denied Hasbarjami’s blanket evidence suppression motion for the exclusion of all FISA Section 702 collection in his case but did not weigh in on whether the warrantless Section 702 database queries were constitutional, instead remanding the case back to Judge Hall for a review of that question.
Judge DeArchy Hall received the case again and reviewed all of the government motions against the request to suppress the evidence. What results is a very well-constructed explanation and opinion of how FISA-702 was misused in the case [SEE 60-pg Opinion HERE].
The judge determined that U.S. government officials did factually violate the technical rules and procedures for the use of FISA-702 searches, and the DOJ should have gone to court to obtain a warrant to look at Hasbajrami’s private communication. In essence, yes, the 4th amendment protections of Hasbajrami were violated. However, the issue of overturning the resulting evidence becomes a matter of legal distinction.
The defendant, who admitted guilt (twice) did not claim the evidence was a result of misuse or a wrongful approach in searching the NSA’s library, from which FISA-702 search results are determined (a structural flaw in the defense motion). The defendant filed a suppression motion on the issue of his 4th amendment rights being violated. The judge opinion holds that the FBI’s Section 702 queries violated the Fourth Amendment; however, the court ultimately denied the defendant’s motion to suppress the resulting evidence on separate grounds.
The value in the ruling by Judge Hall, is a few fold: First, it is an excellent review of the FISA-702 origin and all of the constitutional arguments that surround the controversial law. Second, the ruling clearly shows that FISA-702 searches are currently being used unlawfully and continually by government officials. Third, the ruling clearly shows how “backdoor” 702 searches are violations of the Fourth Amendment. [Albeit in this case, of no value to the argument put forth by Hasbajrami.]
[SEE CASE RULING HERE]
All this and a few bucks will buy you a cup of coffee.
The ruling essentially underpins the reality that government officials are using their access to the complete library within the NSA collection and storage database to conduct searches of U.S. communication that removes the constitutional protections of the 4th amendment.
Mr Agron Hasbajrami was ensnared by this surveillance process and admitted his guilt thereafter.
However, the issue is not Hasbajrami’s intent, or even his guilt. The issue that surrounds us is this constant surveillance state and the tens-of-millions of searches that are done on the private papers of American citizens.
In essence we have a domestic surveillance state looking for suspect people who are operating against the interests of government.
Mr. Hasbajrami was caught wanting to join a terrorist organization. However, as we have witnessed in the cold and brutal reality of the J6 roundup, that same “terrorist organization” may well be defined as your local “patriot group” or “parent’s advisory committee.”
SO, who is going to J6 prisoner levels of incarceration for this?
Damn straight!!!
Definitely needs to be the penalty for ANYONE having anything to do with such egregious violation of the J6 defendants Constitutional rights. That and the right of the J6 defendants to sue and collect damages for the violations.
Except some of them didn’t make it out alive.
QUOTE:
”However, as we have witnessed in the cold and brutal reality of the J6 roundup, that same “terrorist organization” may well be defined as your local “patriot group” or “parent’s advisory committee.”
–Sundance
No. Not “may well be”. Is. “Is” is the correct word.
And don’t forget Catholic churches and parishes.
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Oh, look at that. “Opposition to…the World Health Organization”. PFJT just pulled us out of it.
Do these clowns believe PDJT is a “violent extremist”?
Go get ‘em, Mr. President. These people have no business holding jobs in DC.
DHS doesn’t need to be rebuilt, it needs to be shut down permanently. And I’m sure just saying that makes me a “terrorist.”
That “Homeland” thing always reeked of Communist BS.
If the fatherland and motherland had a homeland imagine what can be.
I really liked that series!
Exactly so. Patriotism is loyalty to the patria, or fatherland (those doing the fighting). One can substitute motherland (those whose defense is the purpose of the fighting) instead if one prefers, as the Russians do with their Rodina concept. ‘Homeland’, however, is just gender-neutralized synthetic horseSchiff.
it makes you their enemy.
we will be correcting all definitions to its original form thes3 4 years
lawfare is a pathetic punk with no power if it doesnt have manipulated definitions.
Simply taking steps to protect your privacy with end to end encryption-THAT, according to the NSA, makes you suspicious, and so NSA will hold all these messages until they can crack the encryption.
Patriots, we did not agree to this in our social contract when forming a government to SERVE OUR needs.
Well, of course, you’re a “terrorist,” Mayorkis says so – and he really knows his sh*t!
Oh, they absolutely believe President Trump is a violent extremist. Just like those of us who want the US out of the UN or make “frequent references to the Constitution” or think that the carbon tax is a total farce. If you are a conservative, you would have been counted as a violent extremist had Kamala and numb-nuts won. Worthy of any kind of suppression anyone wanted to throw at you.
We didn’t dodge a bullet, we dodged a bomb by getting President Trump elected. But we only dodged the first one. You need to keep your congressmen on speed dial and lecture them early and often. Very few are MAGA.
Eh, I think the ones at the very top know full well Trump isn’t a “violent extremist,” but there is never a shortage of useful idiots who _do_ believe it, so your point is spot on.
Lectures are proven to be ineffective. Changed “circumstances” provide no evidence so far that prosecutions or LAW ENFORCEMENT is under-way.
We have options that are being not discussed.
You’ll need the militia in its constitutional and FULLY LEGITIMATE role for “enforcing the laws of the union” (article 1, section 8 clause 15/16).
The calling forth of the militia is a right reserved to the states and to the people and NOT exclusively congress or president (or Governor).
fewer even obey GOD…
God Bless America
IOW 70% of Americans. At least.
they defined their enemy not terrorist
DC needs to be dissolved. It has been corrupted beyond repair.
If the defendant was a White Male J6 type the same judge would have said the the FISA 702 searches were perfectly legal.
You know that, right?
I know that
…and packed his sorry white ass off to maximum security prison for 20 years!
Samantha Power for starters
NO ONE
Anyone who spied on Americans without a warrant broke the 4th ammendment. There is no ifs or but just jail
As long as our political class is either captured or ignorant, the FISA Act now permanently attached to the NDA will continue to renew.
Nobody in the IC cares about legality. Until people start losing their pensions, they are going to continue flaunting the law.
And doing HARD prison time!!!
Their pensions and their security clearances
Losing their security clearance is a great way to kneecap some of these jerks without having to deal with all the bureaucracy that protects them and their government job. Can’t do your job without a clearance? Sorry, Charlie now GTFO
Kissinger once said :
“What is illegal we do immediately; what is unconstitutional, takes a bit longer”
The is the first time, as far as I am aware, that the essence of unconstitutional (and frankly criminal) surveillance has been brought into the open….a sliver of light breaking through the darkness of the totalitarian DS/IC whose powers have superceded the three delineated branches of government.
The hastily introduced Patriot Act, long written and kept in a locked drawer until the time was right to dust it off for passing, has wreaked horrendous damage to the Constitutional foundation of this Republic. Undoing this damage, or at the least mitigating it, was never going to be quick or easy.
It has taken decades to arrive…this Orwellian attempt to transform and then consign us to the historical place where past great nations now lie. Whether we can pull back from the last rites remains unknown. Recovery, if possible, will take time
This ruling is unexpected and unalloyed welcome news, coming as it does at the beginning of President Trump’s “third” term, one in which he is attempting to defang those who have sought to completely shred the Constitution…and so far have incrementally made a damned good job of it.
The timing is certainly fortuitous and “coincidental”…..
Or perhaps not…
(I don’t know, but I do wonder.)
At any rate this a badly needed start, and I for one welcome it.
Agree, and no, as with everything in PDJT’s MIRACULOUS (theres a hint, lol) rise in politics, this was not coincidence.
After all, God has impeccable timing (nother hint).The trick is, someone with standing, and who can clearly show damage, and that they were illegally 702 searched,..and the challenge is, how do you even KNOW, much less prove it?
I thought Carter Page had a decent case, but did not follow closely, and so don’t know why his case went nowhere…
A law remains until someone WITH STANDING,and who can SHOW ACTUAL DAMAGES, sues.
I’d imagine there are millions with standing to sue, dutch…if they only knew 😎
You and I are on the same page. And not for the first time, dear friend.
(Also yes…you know my feelings about “coincidences”. There ain’t any such thing, just as really there are no miracles….at least if we accept that God’s will is absolute and His timing (as you wrote) perfect. Which I do. Simply from His hands are His plans playing out. Having said this, however, it truly is a wondrous thing to witness.)
“All this and a few bucks will buy you a cup of coffee.”
Yes, because the judge agreed to accept the government’s position that certain exceptions to the prohibition against warrantless searches applied, motion to suppress denied.
One the one hand, it may be the first time a court found a direct potential violation of the 4th Amendment in a 702 search of the database. On the other hand, having the underlying facts involve a twice confessed terrorist who apparently would have been convicted even without that evidence is . . . sus.
Bad cases make bad law. There could not have been a safer case for the government to do a sort of limited hangout in order to more firmly establish exceptions to eat the rule.
I only took a quick look yesterday. It is a very lengthy opinion.
The template is now established, and well-documented, for all other justices to use who discover 702b abuse in their cases – and subsequently deny true justice.
I hate terrorists, but I hate losing my freedom more.
Well, so far the terrorists the FBI knew about supposedly because of this FISA 702 were not stopped.
(Ignored? On purpose? Or simply gross incompetence because their focus was on Americans who simply want to be left alone…)
These terrorists went on to perpetrate hideous attacks.
As for judges…
The judiciary has been corrupted by far too many politicized, and I am assuming (yes, I’ll say it) Constitution despising ideologues, confirmed by both Dems and RINOs, often for life time appointments.
Now there’s a cesspit which needs dredging and emptying.
👉 Exactly 💯 Betsy jones
“As for judges” these corrupt antiConstitutional “judges” are keeping the noxious weeds of antiConstitutional bureaucracies growing in our garden of liberty 🗽. 👈
We are not even going to get a breather, are we?
The deferring to the DS, which is helping push the attacks, is THE problem. Defer to the people we elect, not entrenched bureaucrats and operatives.
The DS is a cancer, Hoo vol, which is killing its host.
Intelligence agency failures are rarely because of their lack of information.
They are almost always a lack of prioritization, a lack of urgency, a lack of motivation.
Giving the intel agencies access to more information fixes none of those problems. It makes them worse.
The timing of this is no coincidence, which is why I maintain that if you pay the Federal Government one red cent of your own income,
You are a traitor to The United States Of America.
May your chains rest lightly…
Trust God.
Fear not.
Agreed the “timing” and the fact this came out of the EDNY is no coincidence. Very suspect way of creating endless exceptions to the 4th Amendment.
Yes! Bingo! Ding, Ding, Ding!!!
Another EXCEPTION to allow future courts to ignore the 4th Amendment; uniquely crafted by the EDNY court after finding the “perfect” case in which to apply the facts in order to “make it happen.”
It’s almost “funny” when one stops and realizes how crafty the communists really are…
Buddy Carter of Georgia is introducing the Fair Tax Act. Goodbye to most of the IRS if this is ever passed into Law.
I wish this would happen. Consumption Tax is what I would call it, but that name wouldn’t be popular.
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Exclusion of evidence is a judge-made remedy. The purpose of it is to deter intentional violations of the 4th Amendment by law enforcement.
It could not be applied here against the government because, as the first case to tell them that they can’t do what they did, there was no intentional violation.
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Ah, yes! Again, the “perfect” case in order to allow future abuses of the same.
And still “they” don’t know who was talking to, or the pipe bomber, pictured planting the DNC bomb on J6. “Corrupted data” at the provider does not equal corrupted data at NSA.
My understanding is they traced the bomber back through public transpo to a car with a readable license plate. And still they are mum.
Let’s go, Kash.
Excuse my ignorance, but has this anything to do with most(all) of President Trumps nominees wanting to keep this 702 thingy intact?
I am sure I read that somewhere.
702b, like other law enforcement tools, in itself is not necessarily the problem. It is its ability to be easily misused by those who operate its levers.
Same with FISA court. The issue is not the existence of the tool, but those who misuse it and the lack of safeguards and accountability when abused.
So, you can simultaneously be “for” 702b, but also work tirelessly to reign in its abuses. Tulsi may try to thread that needle with her revised position. I don’t know about others.
It is its ability to be easily misused by those who operate its levers.
This is everything.
How many good ideas are corrupted by immoral people?
All of them!
Cell phone a great idea. As implemented horrible. Examples ad infinitum!
Chopping down the kudzu is the only way to reduce the damage.
We’ve known about this at *least* since Adm. Rogers blew the whistle in front of Congress on all this during Spygate… and the abuses are still going on despite Congress saying they would “put an end to the abuse”. blah, blah, blah.
They had their chance: now I’m in the camp of repealing 702b and most of the Patriot Act entirely.
you have to poison the root. I live in kudzu country and have seen where road crews scrape an entire hillside in the fall for a widening project only to have it back in full force the very next spring.
Exactly!
Kudzu – a great illustration.
It grows well, and its massive tubers make for a great source of starch.
Let loose to grow invasively – it is an out of control weed.
Chopping down the kudzu does not solve the problem. It will simply grow back from the massive tubers underground.
It must be painstakingly uprooted, tubers and all, to permanently resolve the issue of its unwanted presence.
Likewise the corrupted tools – the issue of the misuse lies with the corruption and immoral nature of the people using them.
Both the tools and the immoral corruption have to go.
There are some tools and means which ought never be available, because (on this side of Christ’s return) there are NONE capable of using them without becoming corrupted to one degree or another.
What is being used to the advantage of your sympathies today, will be used against you and according to the sympathies of your moral opposites tomorrow.
Just because we CAN do a thing, does not mean we SHOULD do a thing.
EDIT: added the word “not” to resolving the issue of invasive kudzu.
Such as use AI to continually rip through all our data in real time, NSA captured or not, endlessly constructing individual dossiers on every person so detailed and fleshed out that they can predict our every move, every intent, every thought, to the degree no one could ever step off the reservation without the Federales waiting for us with smirks and cuffs?
What is being constructed could easily create avatars of us, fully imbued with will and faux sentience, and place them in artificial settings singly or in pairs or groups, just to see what happens, to model chaos, to know us better than we know ourselves, to predict, and prompt, our every everything in meatspace.
Minority Report, with its “pre-crime bureau” anticipating a crime before it happens.
Indeed.
Except in Minority Report the minority reporting contrary to the majority was routinely overridden, to the detriment of innocents.
If there are any Minority Reporters at all in the current system, they are also quite well suppressed.
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Yes. Absolutely.
E.g. Law enforcement officers have the ability, albeit not the “authority”, to do all kinds of nasty things, from deliberately arresting the wrong person, to shooting people, etc. Similarly judges, e.g. Magistrate Bruce Reinhart, still can sign off on bad warrants.
The only material NSA collects is that which involves a foreign person. The searches that to date have been offensive against U.S. persons still only involve this material. Your phone call to your girlfriend or accountant across town isn’t in the database.
Yes, we can and should implement accountability, especially for search query abuses that are “harmless” because there was no criminal case in which evidence can be “suppressed”. But accountability measures will never be perfect either. E.g. Derek Chauvin.
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I understand the the metadata is absolutely in the database, and so are conversations with certain trigger words. But I can no more prove this, than you can disprove it. We have no idea what their capabilities are, nor their depravity.
Yes. The “hops” m/o is the way they capture Americans and keep tracking them – a la all of PDJT’s early campaign team, scooping up Flynn and Carter Page.
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The “hops” would be with regard to real-time surveillance. Not after-the-fact queries to the database.
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I’m not sure what you’re getting at. What is the special significance of the metadata? Of course it’s part of all computer files. As for “trigger words”, those are no different from search terms. They don’t bounce out on their own. What is your point?
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The easiest thing to do with large volumes of data is to capture everything and figure out what you want to do with it later. Assume they capture everything.
Which is precisely what they are doing.
We are only arguing over what miniscule speedbumps in the system will allow us to pretend we are free.
That was my original point. I was only willing to concede to the commenter’s position that “everything” was not being captured “all the time” to show him that metadata and keyword triggers for capture were just as bad, and likely capturing most conversations these days anyway. Especially among MAGA/conservatives.
You are correct, however the part you may be overlooking is that if they don’t introduce the evidence in to a court of law, the IC is free to use these searches to create collateral cases based off the evidence they learn. Nobody ever finds out they used it.
ie: Say I’m a Defense Attorney and the Government is accessing my confidential communications with my client. That information may be used to extort me or my client or his or her family into a plea deal or used to subvert trial strategy, or undermine my witnesses, etc… on and on
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I am not overlooking anything. I clearly said that we need to have “accountability” (that means sanctions) for violations that “are ‘harmless’ because there was no criminal case in which evidence can be “suppressed”.
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P.S. Unless you or your client are not on United States soil, your conversation is not (not supposed to be) collected.
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people can contact ATT for your private data. without even using the NSA
No,I beg to disagree; ALL data is collected; cell phone calls,emails, text messages, Cc purchases, travel arrangements and reservations,intenet searches, porn viewing, .ALL of it.
And then, IN THEORY they do searches, isolating only foreigners of interest, and when they encouter instances where the foreigner interacted with an American, they are supposed to mask the Americans identity.
And they are SUPPOSED to restrict themselves to ONLY using it on foreigners that are suspected of terrorism or espionage…thats the IDEA, anyway..
And, if I understand correctly, if they encounter an American, that has interacted with a foreigner they suspect of terrorism or espionage, THEN they are supposed to go to the FISA court, to get a warrant to do searches of THAT persons internet traffic, cell phone calls, etc. with the “hop” rule, allowing them to do similar searches of any American the first American has interacted with, to see if THEY are a terrorist or a spy.
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That’s not what was outlined in the case decision. Two different things: the FISA court warrant for “real time” surveillance, and queries at any point after the fact of the database.
The case is significant because it is the first case to declare that the queries (of Americans) are subject to the warrant requirement.
As far as what is “collected” — and I am as willing as anyone to retain some doubt — again, according to the discussion in the court case with reference to the laws, it is supposed to be ONLY material that includes a foreign person, with subsequent minimization of incidental collection of U.S. persons’ communications.
If and to the extent that “everything” is collected, that can and should be rectified.
There should be nothing coming back on a “query” if the person queried has nothing communicating with a person outside of the U.S.
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I don’t know about that. But if I were there to be confirmed and knew I wouldn’t be, I would state for the record that 702 is an important tool to be used against all enemies, foreign and domestic regardless of whether or not they are government employees or officials and especially to root out corruption in congress. Of course I suspect NONE of you here because if you’ve done nothing wrong, there is nothing to fear…. right?
The point being to remind them that TRUMP now has this power and it’s in their best interests to REMOVE that power.
And they haven’t explained why the mag locks were opened to allow people in or why police were escorting and inviting people in.
And they haven’t explained why people who REMAINED OUTSIDE and never did anything wrong at all were swept up with others and kept in prison without trial.
And as a reminder, there are still people today who believe police officers were killed and many injured and hospitalized by J6ers. But when I ask them to google it, the response from google was “no police officers died though four committed suicide.” What do these people come back with? “PTSD!! It’s still their fault!” We have a mass insanity problem…. still.
“Shortly, the public will be unable to reason or think for themselves. They’ll only be able to parrot the information they’ve been given on the previous night’s news.”
~ Zbigniew Brzezinski
He was dead freaking wrong. PDJT coming down the escalator changed all that. People are more distrusting of the larger media and government bureaucrats than I’ve seen in my lifetime.
But he and his kind are still conspiring to enslave us all.
His kind are an inevitable aspect of civilisation, and its either adopt a hunter/gatherer lifestyle, or acceot there will aleays be those who aspire to dominate others.
Some Conspiracies are Greater than others.
Furthermore, I consider that the Derp State MUST be destroyed!!
public
Coordinated lawfare against Trump and his supporters echoes Soviet tactics
https://rumble.com/v67o6ks-dr.-john-eastman-coordinated-lawfare-against-trump-and-his-supporters-echoe.html
parrot
“Make those soviets bleed.”
Have you seen Mindy Robinson’s video on the Las Vegas shooting? If even 5% of that is true, then the amount of information we are denied in the “main stream” is simply staggering. And I have no reason to think she isn’t fully spot-on.
There will always be those who choose Feelings over Facts and Truths … we can’t change damaged or frozen minds … but … we can make certain the facts and truths are clearly reported, recorded & easily/readily available to any/all interested in Facts and Truths.
My question:
Will google/Facebook/internet/Library of Congress/FBI/CIA and ALL other search engines REPLACE and RESTORE the truths and facts they’ve been purging these last 10+ years ??!!!
People want our government and its watchdogs to be the good guys, completely ignoring that power and money breed corruption.
A tale as old as time. This is why ever vigilant and watered with the blood of patriots are in the money. Reagan nailed when he said we’re one generation from serfdom.
While I was in a thrift store yesterday afternoon, a radio station that caters to black listeners was playing. During a break between songs, a man spoke a heartfelt message to remind people that there is a convicted felon in the White House.
It never stops.
Tune in to the black stations from time to time to here how they report the news and the commentary they provide. It is like a visit to bizarro world.
George Soros approved, if not actually transmitted.
Induced insanity.
Albeit they want to believe.
and they dont have to explain.
the pardon trap will push it 4 years
Now imagine what someone might find if they conducted deep dive queries on all COMMS of many of the DS players these past 8 years and also using the hop rule to widen their queries?
If you want 702 searches brought into the spotlight then maybe they should use the same technique on many DS players.
How fast do you think the DS players if indicted for some form of conspiracy will cry foul via their attorneys and thus you have an instant spotlight on 702 queries.
Use the same tools they have used for years and allow the evidence to be brought before the public and then we all can have a big debate on the pros and cons of 702.
Turnabout is fair play!
I would assume this is one strategy being considered.
Let the AI Apocalypse be the ultimate RICO of the entire Derp State.
Furthermore, I consider that the Derp State MUST be destroyed!!
Its what I have been advocating for months.
And,4 days in, we DO have SOME indications PDJT is willing to play “goose/gander”; he has spotlighted how the Dems “played politics” with FEMA relief in NC, etc. and then implying his financial relief to SoCal is conditioned on voter I.D. in effect doing the same thing to them, they did to us.
He has pardoned the J6’ers, as a contrast to Joes pardons,…
So yes, sign an Executive order, that our elections being critical infrastructure, must be secure and any organised or systemic election interference is so potentially damageing to our Republic, that accessing the database is warranted.
And, similarly bioweopons dispersal is a thrrat to all of humanity, and so accessing the database is likewise warranted.
And then watch how quickly the worm turns!!
they system would work together to prosecute you selectively.
Shamala projected Orange Man Stalin would, “weaponize the Department of Justice against his political enemies.”
Crossfire Hurricane 5: Build Back Burdens
“Cast the ring into the fire!”
We need a Frodo.
Frodo couldn’t do it — a perfect and intentional metaphor. Only Smeagol, biting the Ring from Frodo and in his glee destroying himself and the Ring, accomplished the deed.
I keep thinking about that.
Frodo couldn’t have done any of it without Sam. And neither Sam nor Frodo could have done it without Gandalf creating the distraction for Sauron long enough for him not to notice the ring was about to be destroyed. And nothing was done without the elves assisting from far off. These things are lost for people that only have seen the movies.
No matter what needs to be accomplished, we each and every one need divine help and each other.
Well said.
Which is why, if we want MAGA to be sustainable, we MUST take advantage of this time when it is ascendant, to purge the RINOS from the State Reoublican party Executive conmittees, and replace them with MAGA patriots.
If we want to secure elections SO THAT we can SUCCESSFULY Primary the RINOS in the U.S. Congress, both Senate and House, if we want to gain MAGA Majorities in our State Legislatures, if we want MAGA Governors, and A.G.’s, etc. .so we can truly MAGA,we MUST gain operational control over our State Republican parties.
Its where all the political power resides.
🎯
Precinct Strategy
But why didn’t the eagles help get them to the Mountain in the first place?
The evil killed itself, due to it’s own lust and greed for power.
Tolkien was a genius.
It was implied that Eru Iluvatar had influenced that moment of how Gollum lost his footing and fell into the fires of Mount Doom with the One Ring.
This was something that did not necessarily translate well from the book.
Sam would have pushed or thrown Gollum in if he hadn’t fallen in.
And a part of me wishes that is how Tolkein had written it.
The insidious and subtle influence of the One Ring was such it would not allow any of the races of Middle Earth to willingly destroy it.
and lots of fire to burn it
and so the beat goes on.
So, how to use this case and amplify it throughout the public domain and goad Congress into doing something about it…?
Exhaust all appeals, up to SCOTUS if possible.
Criminalize misuse of 702b, with severe imprisonment for offenders.
Establish an oversight board for all 702b query reviews, and put oversight on the oversight board. (Our freedom is worth the additional expense.)
Something GOOD about it!!!
It’s pretty easy to “find” what you are looking for, once you know what you are looking for. That is, 702b (illegal spying) gives you the truths, so you can go a find an alternate (legal) route to the same… I’m surprised this 702b information was even revealed by prosecutors in this case. This is, in itself, intriguing and worthy of a deeper dive of how/why that was allowed to happen. Exactly what legal technique revealed this transgression – or was it a guilty conscience or whistleblower?
re: Alex1689
January 24, 2025 9:25 am
Sooner or later, those who think they operate with impunity make the mistake of being open and brazen about what they are doing. It’s as if they are daring anyone to try reaching them to hold them accountable, as they believe they are beyond accountability.
Both Democrats AND Republicans have been operating this way for decades now. They honestly and sincerely believe the common folk/common rabble cannot touch them, having neither the money nor the power connections to effectively defeat them.
These openly bring it out, to rub the people’s face in it, knowing the “Little Guys” can’t touch them through any legal means. Once they see there are no effective brush-backs, the common mass psychology will simply not oppose it, and it becomes the “new normal”.
This happens in EVERY institution and organization men and women can construct – even those that are deemed “God ordained” linked to specific men of faith – and not just governments, businesses, and academies.
This happens any time there is a distinguishing between those who cannot be touched, and those who have no power…NO EXCEPTIONS.
Yes. Everyone oversteps eventually, when they feel they are immune.
Would be nice to see an EO from PDJT about this abuse, that is be halted immediately. Another special prosecutor needs to be established to investigate/prosecute. Folks who swear to uphold and obey the Constitution are committing are not doing so. How long will we look away?
At the same time, the list of “selected” Congress that voted to re-authorize 702 should be posted everywhere daily so they can be repeatedly scorned.
And if any of them cast a deciding vote against the amendment to require a warrant, they should receive focused scorn.
How about a Special Prosecutor use the 702 tool to acquire the communications to open these Congress critters up to a little old-fashion transparency?
If our 4th Amendment rights are to be subject to interpretative judicial/investigative whims…theirs can be as well.
In their last reauthorisation they specifically exempted themselves from such searches.
They also empowered the Derps to force us to spy on each other.
No, a Special Prosecutor is appointed, when the Administration can not reasonably be expected to investigate itself.
That is not our current situation; we ARE talking about the current administration, investigating activities going back the last 15 years, under at least 3 administrations (Biden, Trump, and Obama).
Not sure a Special Prosecutor is warranted.
My guess is that Judge LaShann DeArcy Hall, appt by Obama, was torn between siding with the terrorist against the US but was convinced to side with the Biden DOJ. Watch how she rules under Trump.
Bingo
I have always said, before the program had publicly known names (Echelon was among the program’s earliest known names… look up Echelon Day and how IT people became activists against electronic surveillance even back then) “there are no RIGHT HANDS for this kind of power.” This isn’t the kind of power which can be countered by the power of the people. This is the kind of power intended to create a huge difference between the power of government and the power of the people.
It’s a simple reminder that this government was planned to be a balance between the power of government and the power of the people from the start. Where does the needle point today?
The ‘power of the people’ designation in this hypothetical gauge is entirely removed. No matter where the needle points in this gauge it points to ‘power to the government’.
Is or was Hasbajrami a US citizen?
A legal permanent resident (LPR), according to prior SCOTUS precedent, entitled to all the same lawful and constitutional protections as a citizen.
that same precedent might have some impact on the XO on birthright ban as the SCOTUS has created a definition of sorts regarding “under the jurisdiction thereof.”
Good thing about LPR’s and Naturalized citizens, they can have their status stripped and deported.
same popped into my head only it was, “how convenient!”
If the defendant had not admitted guilt, once or twice, would the ruling have been different?
No different than if the confession had been beaten out of him in custody… The court must (is supposed to) consider the core Constitutional violation when it occurs.
agreed. I was just wondering if the judge would have made a different ruling? Also, if the defendant had asked for another trial that omitted the inadmissible evidence instead of asking for all the evidence to have been thrown out. I’m also wondering if the ruling sets a precedence for proving that a regular warrant would have been sufficient.
At some point soon, Judge Hall will be shown her information from the NSA database and she will fall in line.
“,..the ruling is FEW-FOLD,…” never heard it put that way before,…good to see Sundance is back, or at least ‘on the mend’.
If any of the J6ers had evidence against them collected as a result of 702 searches, they would have a case,…but damn, they have been pardoned..
I still think PDJT’S Justice Dept. and FBI should exploit the FISA process, to investigate the massive conspiracies we have observed since the escalator ride….
Watch how quickly lawmakers change their tune on restricting it.
Violation of 4th amendment is definitely a civil rights case. I hope someone with deep pockets wants to help the J6ers sue the members of the J6 committee and their staff as well as the people who caused the committee to convene for violation of their rights.
fwiw
“A FISA Court ruling from 2022 noted that across the FBI, there have been queries of raw or unredacted FISA information “without a factual basis to believe the search was likely to return either foreign intelligence information or evidence of a crime.”
“In one instance, an FBI analyst ran thousands of “queries of individuals suspected of involvement in the January 6th 2021 Capital breach.”
“In another violation, an FBI official ran “approximately 23,132 separate queries” regarding the January 6th events.
“The FBI claimed that they viewed the situation “as a threat to National Security” as justification for the searches. But the NSD disagreed, concluding that these searches by the FBI were illegal.”
https://x.com/themarketswork/status/1780287354915504304
I saw an article yesterday about this ruling on Reclaim the Net yesterday, but didn’t understand entirely the case being made. Thank you for excerpts of the ruling. I was applauding it as perhaps a door to something being done about FISA702 searches which to me is invasion of privacy and thus, scary. Because who among us could not be targeted for something we said that was negative, complaining, critical.
I especially like the lines, “The Government once again fails to advance any argument as to why it could not have acquired a warrant to conduct these queries. Put differently, the Government has not articulated how obtaining a warrant would have hindered its objectives.”
Considering the FISA Court is a smirking rubber stamp there would have been no hindrance whatsoever.
Remember Boasberg? For whom I presume Marty McCord still runs interference?
May as well install an auto-pen atop the dias.
If the cartels are designated terror networks, what are the 702, two hop implications state side?
Cartel guy in Tijuana calls his uncles tire shop in San Diego, then you call to check on your ride.
Scope expands quickly.
As noted by others, hops are a function of an active warrant.
702 is everyone and everything all the time.
For which FISA approved access is such an obvious farce of a speedbump it’s beneath the Derps to bother with it.
If Equity Extortionists want to Build Hoax Better they can Make Rusha Rusha Again.
https://theconservativetreehouse.com/blog/2020/09/11/understanding-the-fbis-two-hop-fisa-surveillance-of-the-trump-campaign/
No honor. Every one of these federal government anctors involved, swore an oath to support the constitution and knowingly violated said oath. As IF, the ends justifiy the means. So corrupt, so criminal and so dishonorable.
“Our judges… have with others the same passions for party, for power, and the privilege of their corps.”
–Thomas Jefferson, 1820
Additionally, given the FBI record of not stopping terror plots even when the perpetrator was known to them or on a watch list, the argument on the ability to move quickly is moot.
Make-work entrapment schemes.
If you have to keep a quota you may have some whackadoodles on your list.
Julie Kelly: Government Assets Were Likely In Touch With Thomas Crooks
https://rumble.com/v58bgo4-julie-kelly-government-assets-were-likely-in-touch-with-thomas-crooks.html
only violates searches on terrorist foreigners but not americans…. what a hypocrite judge
John J. Durham Appointed Interim United States Attorney for the Eastern District of New York
Tuesday, January 21, 2025
https://www.justice.gov/usao-edny/pr/john-j-durham-appointed-interim-united-states-attorney-eastern-district-new-york
Different John Durham.
The one who issued the Durham report worked in Connecticut.
This is Durham the son.
The ACLU press release missed the devastating consequence of the history of 702 violations:
“The ruling is the first of its kind, and it follows years of public revelations about how Section 702 has been used by the government to conduct warrantless surveillance of Americans, including protesters, members of Congress, and journalists.”
If they can spy on you, they will spy on you. Rules or no rules. The constitution is a dead letter unless we defend it.
Given that “government officials are using their access to the complete library within the NSA collection and storage database”, can’t government officials access this database to retrieve and archive, as legally required, the electronic communications of the Mueller SC and Secret Service personnel whose phones were “inadvertently” wiped clean?
So, was the perp an American citizen? Assuming so.
If the perp was in communication with terrorist organizations, then that communication would have been captured.
THEN a warrant should have been obtained.
Is this the right order of things?
Yes, we still live in a police state and if the problems are not corrected, the government is our enemy. Illegal search and seizure is not allowed in our Republic. When the DOJ was labeling “christian nationalist” Americans as terrorists, we were in grave danger not to mention de-banked and de-platformed and ostracized, and that danger will remain if things are not fixed.
So, the one 702 violation that makes it to a court for review and someone actually has standing is for someone who actually might be a terrorist. Never would see inside of a court room in front of a judge for some grandma caught up in something.
Who thinks this is more evidence of two tier justice and not some all of a sudden altrusitic judge?
Who thinks this is put on display to show it’s working as intended and not the 100s/1,000s falsely caught up in the net?
I think bullseye.🎯
This is indeed a breakthrough ruling. Some sunlight. The wheels of justice are turning, albeit slowly.
This Fourth Amendment is shaping up to be the center, or eye, of the coming storm regarding the rights acknowledged by our Constitution and those who want to have access to everything and anything they and their tech eyes, can get hold of.
The awe of the foresight of our Founding Fathers simply cannot be ignored, to take what they were being subjected to and understanding the heart of what they were facing is simply part of human nature that will always exist, and they fought to make sure protections against that part of human nature would be imparted to future generations, is just astounding.
Makes a person wonder if a few of those Founders were also time travelers.
The Star Chamber was part of English history. The Founding Fathers surely would have known that history and been influenced by it.
Here’s a thought.
All of the information-gathering from our phones, computers, and Alexa/Siri….could be thought of as a 3rd Amendment breach of making it a necessity to quarter hostile, information-gathering parties in one’s house.
That WAS the intent of the Founding Fathers with respect to the mandate to the quartering British troops in peoples’ houses.
Even those who voluntarily quartered British troops were caught up in the surveillance net of the day, as they thought they had nothing to hide, therefore nothing to fear…and were arrested anyway.
The 3rd Amendment is about unwanted/unnecessary/unwarranted surveillance of the populace (voluntary or not), and not the mere forcing of people to house troops (as the British had barracks and army camps of their own).
if you can define effects. you can be free
The legal definition is Personal estate or property.
Encouraging but not a cure. Keep praying.
Right on cue! Time to clip the wings of all the alphabet agencies violating our 4th Amendment rights, the IC to begin with.
This week, Kyle Seraphin held a 4-hour interview with Zach Schoffstall, a former resident agent in Idaho and whistleblower. Mr. Schoffstall was fired from the FBI after 14 years of respected service when he would not order his special agents to write up a warrant that would lead to the prosecution of Patriot Front members.
https://rumble.com/v6c74wp-fbi-whistleblower-zach-schoffstall-ep-472.html?e9s=src_v1_ucp
What the special agents had found in their investigation was that Patriot Front is an organization whose members enjoy dressing up in khaki pants and marching around with American flags in opposition to or support of various causes. In other words, they are within their 1st Amendment rights. There was no federal probable cause on which to base a warrant.
Didn’t matter. The event for which Patriot Front showed up was a LGBTQ+ parade. An Assistant US Attorney was there to support her transitioning offspring. Her complaint about Mr. Schoffstall’s refusal to strong arm his special agents to create the desired (slanted and invalid) warrant application was elevated to DOJ headquarters and apparently to Lisa Monaco.
Hopefully, Todd Blanche and his wingman Emil Bove will be confirmed by the senate. As Trump’s attorneys who were faced off against the DOJ, they have PhDs in lawfare.
Already, positive changes are being made in the FBI. Thanks to Babylon Bee for pointing these out! FD-302 and FISA 702 can’t be far behind!
Interesting this decision came out now and not during the corrupt Biden Administration. Just saying!
Agron is an Albanian national, residing in Brooklyn.
NOT an American citizen. He doesn’t get to claim Constutional protections or violations.
https://www.justice.gov/usao-edny/pr/albanian-national-sentenced-16-years-imprisonment-attempting-support-terrorism
PRA: Permanent Resident Alien.
“FOREIGN” Intelligence. I guess that means foreign to the power mongers plan for absolute domination.
It’s a crazy notion that they “have to” record EVERY COMMUNICATION of several hundred million people to catch MAYBE several thousand people who are actually planning terrorist activities.
The United States of America is not a place for a secret court.
What makes me completely sick after reading this is how the IC just pushed away from the initial intentions of this surveillance process, inch by inch and morphed it into THEIR personal weapon against any American or foreigner they feel/felt like.
Unconscionable, the whole lot of them, who have used such lawlessness against their own fellow citizens. Shut them down and get them out.
Whenever this is the subject,I wonder how many contractors with access, use it for personal gain?
For instance, if you did a deep dive of a merger and aquisitions lawyer/firm I bet you could come up with advance knowledge, and invest in a stock before a merger is announced.
Funny how the courts only step and object in when the victims are terrorists, instead of Americans.
.
Courts don’t “step in”. Inappropriate queries that aren’t related to actual criminal investigations would not be or lead to evidence in a court case.
.
This decision was rendered on 12/2/24. Why did it take a month to become public?
“In essence we have a domestic surveillance state looking for suspect people who are operating against the interests of government.” – Sundance
What Treeper here wasn’t throwing sand, operating against the radical far leftist interests of the Biden Administration???
“Loyalty to country ALWAYS. Loyalty to government, when it deserves it.”― Mark Twain
Just as people are policy, people are the legal system. We have lots of the wrong people abusing the system. Most are also just lazy.
But CONgress exempted themselves from illegal searches so “nothing to see here… move along!”
.
It would be helpful if people commenting would actually read the court decision, rather than possibly mislead others with opinions that assume things that are not factual.
.
challenge.
in the definition can you define the phrase “effects” and provide an argument for it applying to tech
AND? What do you think is going to come from this? Nothing that’s what. The new REPUBLICAN head of the DOJ isn’t going to do anything about any of this. No firings. No prosecutions. Nothing.
Not only that. When they use the evidence to submit charges, you are denied the right to see and confront the evidence. Nobody can challenge the determination of probably cause.
Far better one terrorist than to live under the fear of constant government surveillance… what the old saying? People who would give up liberty for safety deserve neither.
“Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety.”
Benjamin Franklin
Long time supporter and contributor to EFF…long before it went woke.
trust me when I say this…EFF has among it’s MANY some who are long soldiers in this WAR AGAINST TYRANNY.
why?
why is the first amendment so important?
same question.
the freedom of expression….what does that mean?
really does that mean?
it means so many things to do many people…and that really is the answer.
the answer being…to express one’s self…is to be free….to be free from any central state of government to intrude or to distort or to shadow ban, or to censor, or to assault you for your basic fundamental rights *natural rights I might add* to say and to demonstrate what is near to
YOUR HEART…IN YOUR MIND. TO OTHERS WHO MAY HEAR WHAT YOU SAY AND DEMONSTRATE.
the debate you see, is to solve the impossible challenge:
that we are NOT GOD. We are imperfect and incomplete….But this steady force toward finding a truth is what separates US from beasts. We are bound by this impossible task…and in order to realize some of it, an sometimes more that just that…we search…this searching means that all voices have a place…not necessarily equally ..but weighted upon the truths that are settled and true and enduring..even if just for the moment.
Freedom of speech is truly the first order of “business”…or a very intimate and personal behavior.
from the moment a young human being, an infant, crimes out loud…it declares: I want a truth…some reason …we need to remind ourselves of this promise made by GOD. That first and foremost, we have the right to cry out loud…to protest…even to make mistakes…especiallly even when we make mistakes…that’s when it counts…that is when truth reveals itself.
like a lion and also like a lamb .
God Bless America…May this year 2025 bring you peace in the midst of the war against evil.
never forget that the POWER OF THE BLOOD OF JESUS is so much more than just a crucifix.
you are because that happened. make this life WONDERFUL.
God Bless America
Tulsi?