U.S. DISTRICT COURT JUDGE REFUSES DELAY REQUESTED BY OBAMA REGIME
by Sharon Rondeau
(Sep. 1, 2015) — On Friday, the U.S. Court of Appeals for the District of Columbia reversed a decision rendered by U.S. District Court Judge Richard C. Leon in December 2013 that the National Security Agency’s (NSA) collection of phone metadata is “likely unconstitutional.”
Leon had placed a stay on his ruling pending the government’s appeal.
The Obama regime had appealed Leon’s ruling, and hearings were conducted on November 4 of last year. In its opinion, the three-judge appellate panel claimed that appellant Atty. Larry Klayman had not demonstrated that he had been harmed personally and therefore questioned whether or not he had “standing” to bring the case.
Klayman had successfully argued that the massive collection of phone records violated the Fourth Amendment of the Bill of Rights. In his ruling, Leon termed the practice “almost Orwellian” in a reference to the writings of George Orwell, author of “Animal Farm” and “1984.”
The Washington Post characterized the appellate panel’s ruling as “strictly procedural.”
In early June, Congress passed the USA Freedom Act, which included a provision for the NSA to cease data collection in favor of private telephone companies’ collection of the information. The practice of data collection began after the September 11, 2001 terrorist attacks in New York, Washington and Pennsylvania which killed nearly 3,000 people, paving the way for the passage of the Patriot Act later that year intended to thwart future attack plans.
The new provisions of the USA Freedom Act do not take effect until the end of November. In the ensuing period, the appellate panel’s ruling allows the collection to continue.
The massive surveillance activity was first revealed in June 2013 to The Guardian by former NSA contractor Edward Snowden, who is now in exile in Russia.
In his case, Klayman took issue with an interpretation of Section 215 of the Patriot Act, and in December 2013, Leon agreed that the phone-records collection was “likely unconstitutional.”
A ruling in a second challenge to the data collection stated that Section 215 had not authorized collection of personal phone records by virtue of the fact that the public had been unaware of it and Congress had never openly approved it.
In a press release on Tuesday morning, Klayman expressed gratitude for Leon’s action following the appellate panel’s opinion, including his rejection of a “postponement” requested by the Obama regime.
Sharon Rondeau has operated The Post & Email since April 2010, focusing on the Obama birth certificate investigation and other government corruption news. She has reported prolifically on constitutional violations within Tennessee’s prison and judicial systems.