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Ninth Circuit rules NSA's bulk collection of Americans' call records was illegal

politico.com

411–420 of 493 posts

Re: Ninth Circuit rules NSA's bulk collection of Americans' call records was illegal

#411

Earlier quoted context omitted.

>The founders leaned very much in the direction of aristocratic... Besides Hamilton, they absolutely did not. They were just anti-direct-democratic because they were well aware of the logistical problems, and structural ills of prior democracies. There is no concept of "Nobility" in the United States. We have Civil Servants. People who as a consequence of their office, in many ways have much higher legal exposure tha…

> Besides Hamilton, they absolutely did not. How would you define the ability to vote, as only going to select white men? Land owners of a certain acreage, looks like only 6% of the population fit that bill [1]. These people were a bit contradicting. 'All men' didn't mean all men. It meant all, white land owners. Also, to be clear, the founders and early civil servants were upper-middle-class British that moved to Am…

>How would you define the ability to vote, as only going to select white men? Land owners of a certain acreage, looks like only 6% of the population fit that bill [1].

Aristocratic comes with way more baggage than what you describe; and you only have to look at jolly old England to see that. To be an Aristocrat. You had to be landed, but you also had to fit somewhere in the Peerage or established Nobility. That whole system of class stratification? That came with an entire Parliamentry House in the form of the House of Lords.

https://en.m.wikipedia.org/wiki/House_of_Lords

Where you ended up with the privilege 0f being a 0art of it being determined entirely on whether you were born in "aristocratic class".

That was quite literally considered the norm in most European countries at the time. Nobility was mum. Some Men just had a better lot in life. You got born into it, and it came with an entirely different social scene, responsibilities, perks, culture etc from 80 to 90% of the rest of the population. That was normal. If you were in, you had weight in policymaking far beyond the common man, you were Nobility. You could read, you could count, your family had proved their mettle, you were a treasure "revered" by your National edifice by definition, because you were noticed.

Then this crazy colonial bunch of States pops up, and all you have to do to have a say. Or participate in a major way in running the place is to get some land (cheap, and basically free in the sense you won it with sweat equity in those days), not be a slave to the regional authorities, and be able to show up to your communities meetings. That's it. If you were literate, you could end up getting picked to hoof it off to Congress, which at that time didn't pay anywhere near as generously as it does now, and would have to leave your life in the hands of your family, for weeks at a time. This was revolutionary at the time. Was there racism? Yes, absolutely, but there was no Aristocracy. There was no hard division of the classes of citizen like you'd get elsewhere. The landholding requirement was not onerous like it is now, and in fact, our history is filled with dead National Banks in part because people realized that they tended to disrupt the egalitarian baseline since financial institutions like such tend to end up being resource consolidation points away from the individual Citizen. Jeffersonian Democrats were particularly sensitive toward this issue. Even Hamilton at his worst imagined not an official Nobility, but that events would inevitably conspire to generate a class of "Merchant Princes" in America whose wealth allowed the to devote resources to exercising an oversized influence in the operation of Government, a reality we are arguably seeing, but has actively been fought against at other times in our history. We've had 100% tax rates in the United States.

The whole "no blacks" arose not out of a formal Aristocracy, but out of the set of compromises that kept the country operating as a single unit. The South needed it to stay functioning. And even then, for the time, it was revolutionary as wide a swath of the population had as recognizable a chunk of input as they did. Over time, things have only gotten more accessible, but they had to start somewhere. From the standpoint of a fledgling bunch of ex-colonies banding together, that made sense.

Get land? Cool, you aren't going anywhere, enjoy your vote. You didn't have phones for pools, mails and mass printing for distribution of campaign materials, and you had to have your affairs in order enough to have the "leisure time" to meaningfully participate. They basically wrote down as a requirement as broad a se f ignition of voting base as wasn't unworkable controversial at the time.

Re: Ninth Circuit rules NSA's bulk collection of Americans' call records was illegal

#412
post #353

Earlier quoted context omitted.

> But as much as they enjoy bluster, Americans are afraid [...] Are Americans really afraid? Or is it that Americans feel comfort in having the meanest dog on the block, even if that dog sometimes nips its master?

If you have a family member that watches Fox News and then check some of their primetime programming out, you'll see both the fear and where that fear comes from.

And you could do the same with CNN and MSNBC. Don't single out one source, they're all peddling fear just in different ways.

Re: Ninth Circuit rules NSA's bulk collection of Americans' call records was illegal

#413
post #355

Earlier quoted context omitted.

They are not toothless, they put them in those positions of power and do so gladly. Remember that Snowden always said he was ready to come back to the U.S and be trialled, as long as the trial wouldn't be a secret trial. Those who created the laws for those secret trial where not the CIA or the NSA, it was politician. The same way they made it so that it is forbidden to talk about the programs of certain agencies, ev…

Far as I understand the first director the FBI J. Edgar Hoover had blackmail on a lot of federal politicians. Which is why he left his position feet first. When Hoover died Nixon replaced him with someone with no previous ties to the agency. The CIA has deep ties to the American upper classes. And probably serves their interests over the states. Or their own interests. Aldrich Ames was living well beyond is means for…

> The CIA has deep ties to the American upper classes

That’s hardly unique to the US. Other nations’ intelligence agencies tend to attract the aristocracy, e.g. all the Oxbridge alum at MI6/GCHQ.

Re: Ninth Circuit rules NSA's bulk collection of Americans' call records was illegal

#414
post #166

Earlier quoted context omitted.

A reminder that a CIA officer who oversaw, ordered, and participated in systematic detainee torture, then wrote the order to destroy the evidential tapes of said torture, was not only not punished or prosecuted but promoted to the current Director of the agency. https://en.wikipedia.org/wiki/2005_CIA_interrogation_videota... https://en.wikipedia.org/wiki/Gina_Haspel

These are war crimes. Someone convicted of torture in the way that CIA officials have authorized could be sentenced to life imprisonment. The only problem is that the US is not a party to the ICC (probably because so many power holders are guilty of war crimes), so we do not pursue war crime trials. I would like to see a concerted effort to document these crimes, issue warrants for arrest, and have customs officials…

That's a nice fantasy you've got there. I'd love to see some EU nation try to kidnap a prominent US citizen, but it'll never happen because the consequences would be severe.

Re: Ninth Circuit rules NSA's bulk collection of Americans' call records was illegal

#415
post #368

Earlier quoted context omitted.

Huge parts of these agencies' activities have been moved off the books or to private entities. It's not as simple a matter as just cutting off their funding anymore.

Sure, but the money still has to come from somewhere, and that's from appropriations authorized by Congress. Now, if you believe that these agencies have amassed and hoarded enough of the money they've already been given that they now have an endowment that can perpetually fund their activities, then yes, that would mean you really can't stop them. But I'd find it hard to believe that's the case; what they do is not…

> Now, if you believe that these agencies have amassed and hoarded enough of the money they've already been given that they now have an endowment that can perpetually fund their activities, then yes, that would mean you really can't stop them. But I'd find it hard to believe that's the case; what they do is not cheap, and I'd be surprised if there's all that much left over after they spend their yearly budget on regular operations.

What do you think In-Q-Tel[1] is for? It's about ensuring that the TLAs will exist in perpetuity regardless of Congress.

1. http://www.iqt.org

Re: Ninth Circuit rules NSA's bulk collection of Americans' call records was illegal

#416
post #166
post #2

Now, when can we begin prosecuting the instigators? Presumably, after we have prosecuted those who ordered and participated in torture. (There is no statute of limitations on torture, is there?)

A reminder that a CIA officer who oversaw, ordered, and participated in systematic detainee torture, then wrote the order to destroy the evidential tapes of said torture, was not only not punished or prosecuted but promoted to the current Director of the agency. https://en.wikipedia.org/wiki/2005_CIA_interrogation_videota... https://en.wikipedia.org/wiki/Gina_Haspel

Was anything they did ruled illegal? Pretty sure it wasn’t so I’m not sure how that is relevant.

Re: Ninth Circuit rules NSA's bulk collection of Americans' call records was illegal

#417
post #353

Earlier quoted context omitted.

> But as much as they enjoy bluster, Americans are afraid [...] Are Americans really afraid? Or is it that Americans feel comfort in having the meanest dog on the block, even if that dog sometimes nips its master?

When I expressed horror and outrage at the notion that the TSA can go through your luggage, an American friend told me "well if it keeps us safe...", so I'd say "afraid".

That doesn’t sound like fear but acceptance.

Although, what country doesn’t have the ability to dig through your luggage? In my personal experience, Europe is the only place that I’ve seen armed officers dig through 100% of the bags on a flight while the entire airport watched.

Re: Ninth Circuit rules NSA's bulk collection of Americans' call records was illegal

#418
post #323
post #225

Earlier quoted context omitted.

> Yeah but Gina had unanimous support by Democrats, Republicans, and the entire CIA to become the Director of the CIA. * 109 generals oppose her nomination in a letter: https://www.humanrightsfirst.org/sites/default/files/RMLSena... * yes, there were some democrats who voted in her favour, but there were republicans too who voted against her. Overall though, the overwhelming majority democrats did vote against her. F…

I have no goal in undermining your point; it has only raised a curiosity for me. Overall your point is strong with your second bullet, it's just the first bullet I want to discuss without detracting from. 109 generals sounds like a large number. It's a compelling metric! But, I don't really know how many generals (and admirals) there really are in the military. I just know that the US military is kinda huge, so there…

The number of generals (and admirals) in active duty is capped at about 650. Active duty generals are prohibited in most instances from opining in political matters, and they almost absolutely refrain from political matters over which they are not prohibited from opining on. Even after retirement, most still refrain from public opinions on political matters, but a small subset become politically active.

109 retired generals is far more than you can regularly expect on ordinarily political matters. For context, nominations for secretary of defense generally elicit opinions from retired generals. James Mattis, who quite possibly is the most popular military general for several decades, only ever received a couple dozen public expressions of support for confirmation as secretary of defense. The fact that 109 generals publicly opposed any confirmation of a Secretary of Anything, let alone a director level position, and did so in a unanimous letter, is absolutely massive.

Re: Ninth Circuit rules NSA's bulk collection of Americans' call records was illegal

#419
post #78
post #54

Earlier quoted context omitted.

> You know what I don't get? There is no penalty for violating the highest law of the land (the constitution). How is it anymore than a suggestion or a guidline if government officials are not punished for violating it? And that is exactly how lae enforcement and intelligence community treat it. It's because it can't reasonably work like that. At a certain point, defining punishments is moot, because there's no highe…

> because there's no higher authority to appeal to for enforcement Technically, that higher authority is the people themselves. Bear in mind that the Constitution was written in a context where the governed people successfully held their government accountable at the business end of their hunting rifles.

>> because there's no higher authority to appeal to for enforcement

> Technically, that higher authority is the people themselves. Bear in mind that the Constitution was written in a context where the governed people successfully held their government accountable at the business end of their hunting rifles.

I should have probably said "there's no higher institutional authority to appeal to for enforcement." When you're talking about jail-time penalties, I think you're talking about something that's institutionally enforced.

At this point, the only check is the people via elections; but I don't think unconstitutional laws are passed for some private purpose, but rather to satisfy some popular political demand (like "never again"). Such esoteric concepts like the unconstitutionality of some particular law aren't often at the top of voters minds, either.

At least in the current climate, with the level of disunity and polarization, any attempt at a revolution would be a civil war where (in the end) half the country loses a good chunk of their civil rights.

Re: Ninth Circuit rules NSA's bulk collection of Americans' call records was illegal

#420

Earlier quoted context omitted.

These are war crimes. Someone convicted of torture in the way that CIA officials have authorized could be sentenced to life imprisonment. The only problem is that the US is not a party to the ICC (probably because so many power holders are guilty of war crimes), so we do not pursue war crime trials. I would like to see a concerted effort to document these crimes, issue warrants for arrest, and have customs officials…

That's a nice fantasy you've got there. I'd love to see some EU nation try to kidnap a prominent US citizen, but it'll never happen because the consequences would be severe.

They're certainly trying:

https://www.ecchr.eu/en/case/germany-criminal-complaint-agai...

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