Sunday, June 23, 2013

4th AMENDMENT AND THE NSA



Here is an excerpt from an article I read:

“On this spying business, officials from Director of National Intelligence James Clapper to self-important senators are, in effect, telling Americans not to worry: it's not that big a deal, and "trust us" because they're keeping US citizens safe. This position must be turned on its head and opened up to a genuine discussion about the necessary, dynamic tension between security and privacy. As it now stands, these programs are ripe for abuse unless we establish ground rules and barriers between authentic national security interests and potential political chicanery”.

The article can be found at http://www.guardian.co.uk/commentisfree/2013/jun/23/nsa-intelligence-industrial-complex-abuse

Here is my personal take on this whole affair:

If you sit back and look at it, there is no debate on this matter. This is covered clearly by the 4th amendment of the constitution.

“IV - Right of search and seizure regulated”

"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."

I am not a lawyer but this is clear to me. No probable cause and no warrant equals no listening to private phone calls (cellular or land line), reading private mail or e-mails, bugging homes, tracing citizens GPS location, etc. etc. etc. Granted, one argument I have heard is that all these means of communication didn't exist when the constitution was written. Well, neither did the modern technology used in spying. E-mail may not be on paper, but it is no different than mail, so it would be included in papers. A person’s effects, that covers everything they own, including their phone and computer.

The only legitimate argument for electronic surveillance that the NSA can make in regards to electronic monitoring is social networking. When an individual puts something out there on G+, Facebook, Twitter, or a public blog, it is public. Anyone can read it, including the government. If your going to put your buiness out the for any Tom, Dick or Harry to read, expect that either Tom, Dick, or Harry work for the government. No different than a speach on the town hall steps. Now, private papers, even electronic, they need a warrant, no question about it.

Don't tell the American people that we need to allow you to violate our rights for our own protection. As for me, if I had to choose between safety and liberty, liberty would win every time.

Wednesday, June 5, 2013

NIDAL HASAN'S DEFENSE



Nidal Hasan (I refuse to associate his name with a military rank) murdered 13 soldiers and wounded over 30 others at Ft. Hood. He is being allowed to defend himself at his trial. Many people are upset at the judge’s decision to allow this. I am not and will explain why.

Any judge or lawyer will tell you that the worse defense council in the world is yourself. Hasan says he is going to use "the defense of others" as his defense. Well the others he is referring to are Muslims in Afghanistan. The only Muslims in Afghanistan coming under U.S. fire are combative members or combative supporters of the Taliban. So in other words he is defending the Taliban. The Taliban are the enemy and he was an Army officer at the time of the shootings. By shooting our soldiers to defend the Taliban he is a traitor and committed treason. He is going to admit to treason, in a court of law, as his defense. Treason during war time can carry the death penalty.

I am not a lawyer but this seems pretty straight forward to me. My words to Hasan, go for it. Use that defense. We'll execute you for treason instead of murder. Same result.