Larry Klayman
November 4, 2014
NSA spy case could change history
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By Larry Klayman

What do President Barack Hussein Obama and his National Security Agency (NSA) have in common? Answer: They are both not only criminally corrupt but also incompetent!

Dec. 16, 2013, in a case styled Klayman et al. v. Obama et al., in the U.S. District Court for the District of Columbia (13-cv-00851), I succeeded in having a federal judge, the Honorable Richard J. Leon, rule that the NSA's surveillance of telephonic metadata of not only the plaintiffs but nearly all 300 million-plus Americans is an illegal and unconstitutional violation of our Fourth Amendment rights. As a result, he granted my request to issue a preliminary injunction, meaning that Obama and the spy agency were ordered to stop accessing all of the telephonic metadata of nearly all of us. But while finding that the NSA's actions were "almost-Orwellian" and thus indicative of what occurs in a police state, Leon stayed his order to allow the NSA to appeal before the preliminary injunction would go into effect and the case would otherwise proceed to trial.

This Tuesday, Nov. 4, the appeals court, the U.S. Court of Appeals for the District of Columbia Circuit, will hear oral argument from the parties beginning at 9:30 a.m. in its Ceremonial Courtroom (number 20). This will be a telling moment in this historic proceeding, as Obama's Justice Department, still run by equally criminally minded Attorney General Eric Holder, who not coincidentally is also an individual defendant, will argue that the NSA's overly broad spying programs, which go far beyond the enabling statutory law, much more the Constitution, are necessary, particularly now that ISIS is on the march with beheadings and hatchet jobs on policemen on American soil, such as occurred recently in Oklahoma and New York City, respectively.

But the fallacy of this argument by the so-called government defendants is that, as Judge Leon observed in his opinion (see freedomwatchusa.org), the NSA has yet to foil one terrorist attack with is Orwellian surveillance programs on the entire American citizenry. Just ask the family of the woman beheaded in Oklahoma or the two cops in Gotham City confronted by some Muslim's tomahawk chops. Or ask the Canadian Parliament, which recently was attacked by one of the "Mullah in Chief's" Muslim brothers. Where were Obama's telephonic metadata NSA spy programs when needed for legitimate purposes?

To eavesdrop on all Americans is a criminal act. But to not even stop terrorists bent on destroying our nation is beyond criminal; it is either negligently or intentionally treasonous. Instead, Obama and the NSA's spy programs are apparently designed not to stop terrorism, but to coerce and enslave We the People into submission, so our corrupt politicians can continue to rape the populace with their greed and avarice.

This week I am in Washington, D.C., preparing for the oral argument at the appeals court. As I look around this beautiful city, I continue to be struck by the immense wealth that has been amassed here. There is no economic recession in the nation's capital, unlike the rest of the country. That's because your tax dollars continue to flood in, increasing size of government, a government that knows no bounds! Its raison d'etre is to serve itself, not us. And, the money of lobbyists representing labor unions, corporations and other special interests continues to line the pockets of Democrats and Republicans alike.

It is ironic that our NSA spy case will come before the appeals court on Nov. 4, Election Day. Far more than this election – which will likely result in a Republican blowout victory in both the House and Senate, which will likely result in more the "same ol same ol" graft and corruption at our expense – this lawsuit could have a huge impact on enforcing our God-given rights to feel secure in our homes and property, as guaranteed by the Fourth Amendment.

In a related case, (Riley v. California, 134 S. Ct. 2473 [2014]), which was recently decided by the U.S. Supreme Court, Chief Justice John Roberts, writing for the other nine justices in a unanimous majority opinion, found that warrantless police access to smartphones was a gross violation of Fourth Amendment rights, pointed out in closing that this tyrannical conduct is what largely gave rise to the Declaration of Independence and the ensuing American Revolution against the British crown. He wrote:

"... the Founding Fathers did not fight a revolution to gain the right to government agency protocols.... Opposition to such searches was in fact one of the driving forces behind the Revolution itself."

This Tuesday, I will argue to the appeals court that the Riley case is controlling, that is, it binds the D.C. Circuit to affirm Judge Leon's ruling. And, whatever the ultimate result of our case, and there are two others (13-cv-00881, 13-cv-00092), which class actions seek to curtail Obama's and the NSA's equally unconstitutional metadata access to our emails, social media and other forms of social communication and interaction, our legal efforts will at least show that We the People are not totally defenseless against our new American monarchy, run by the tyrant King Hussein and his lackeys at the NSA.

Short of going to the streets to restore our freedoms, this lawsuit – as recently acknowledged by the Washington Post in a cover story in its weekend magazine – has the potential to make history. It has the power to change, however incrementally, the way our corrupt government does business. And, I will tell the judges of the D.C. Circuit, as I argued before Judge Leon, that if our sincere legal efforts do not produce results, to the barricades we collectively again must go!

© Larry Klayman

 

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Larry Klayman

Larry Klayman, founder of Judicial Watch and Freedom Watch, is known for his strong public interest advocacy in furtherance of ethics in government and individual freedoms and liberties... (more)

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