OK... Forbes Does Not Allow Cut And Paste... But You Should Check This Out...

[WillyT]

Link: http://www.forbes.com/sites/jennifergranick/2013/12/16/a-common-law-coup-detat-how-nsas-creative-interpretations-of-law-subvert-the-rule-of-law/

[gvstn]

1. Seems it is the same line of thinking as this article on Federal laws.

http://online.wsj.com/news/articles/SB10001424052702304319804576389601079728920

[Autumn]

2. One hell of an article.

Recommended

[Fawke Em]

3. Is this section what you wanted:

Cole noted the reform legislation wouldn’t necessarily inhibit the NSA’s surveillance capabilities because “it’s going to depend on how the court interprets any number of the provisions that are in [the legislation].” Comments like this betray a serious problem inside the Executive Branch. The Administration and the intelligence community believe they can do whatever they want, regardless of the laws Congress passes, so long they can convince one of the judges appointed to the secretive Foreign Intelligence Surveillance Court (FISC) to agree. This isn’t the rule of law. This is a coup d’etat.

Leahy’s proposed legislation would amend section 215 of the USA PATRIOT Act to require the government to show the records it seeks are not only relevant but also material to an authorized investigation and that the target has some connection to terrorism or espionage before it can obtain those records. This latter requirement, the USA FREEDOM Act sponsors say, will “end bulk collection”.

Not sure what browser you're using, but I could C & P with Firefox.

[JDPriestly]

10. A coup d'etat it is if the NSA does not comply with the law as Congress intends it to require.

Time for the NSA to comply with Congress' intentions in passing a law? Or do we no longer have the rule of law?

[solarhydrocan]

4. k/r- the last paragraph spells it out

"The rule of law is a basic democratic principle meaning that all members of a society—individuals, organizations, and government officials—must obey publicly disclosed legal codes and processes. If Cole is right that, try as it might, Congress cannot end bulk collection because the secret FISA court may defer to the NSA’s interpretation of the rules, there is no rule of law. The NSA is in charge, the FISA court process is just a fig leaf, and this is no longer a democracy. There’s been a coup d’etat."

(that wasn't cut/paste- i retyped it!)

[Liberal_in_LA]

8. omg

[Faryn Balyncd]

5. ",,,thee is no rule of law... There’s been a coup d’etat."

[rhett o rick]

6. There has been a coup. Of course the King and the CT posse wont allow such nonsense to

be printed. They are the self appointed book burners for the Lieberman Wing of our party.

But there has been a coup. The intelligence agencies do not yield to the president. It was obvious under Bush but it carried thru under Pres Obama. He didnt or couldnt change a thing. He, Obama, cant fire Clapper.

[hunter]

7. I can cut and paste just fine...

NSA's Creative Interpretations Of Law Subvert Congress And The Rule of Law

In the wake of today’s tremendously important ruling by the District Court for the District of Columbia that bulk collection of telephone metadata violates the Fourth Amendment, it is more important than ever that Congress end this misuse of section 215 of the USA PATRIOT Act. However, Deputy Attorney General James Cole testified earlier this week before the Senate Judiciary Committee that the NSA might continue its bulk collection of nearly all domestic phone call records, even if the USA FREEDOM ACT passes into law. That must have come as a real surprise to committee chairman Senator Patrick Leahy (D-VT) and the dozens of USA FREEDOM Act’s bipartisan co-sponsors, all of whom agree that the core purpose of the bill is to end NSA dragnet collection of Americans’ communication data.

http://www.forbes.com/sites/jennifergranick/2013/12/16/a-common-law-coup-detat-how-nsas-creative-interpretations-of-law-subvert-the-rule-of-law

A snippet or two is fair use, especially with a link that drives traffic to their site.

[SpcMnky]

9. MUST READ: "There’s been a coup d’etat."

Thanks for sharing

[Live and Learn]

11. Of course it violates the Fourth Amendment.

It is absurd to think it doesn't.

[2naSalit]

12. Hmmm just a thought

not a pretty one but considering what we're dealing with here...

I wonder if a few surgical drone strikes could take out a few facilities...?

[TexasProgresive]

13. Willy, Dish up, enquiring minds want to know.

What browser are you using that wouldn't allow you to copy and paste from this site. Thanks for the link.

[Wilms]

14. ^