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NSA Constitutional Brief

Supreme Court rulingP2-4
P2/A The Supreme Court will rule the NSA spying program in 2015
P2/B PWell continue to see back and fourth ruling until the Supreme Court rules in
2015
P3/C Only the Supreme Court can rule the NSA programs constitutional
P3/D Feinstein Claims only the Supreme Court can deem NSA unconstitutional
P4/E Pauley agrees that the program is lawful. But, also aggress its up for the
judicial branch to decide

Judges/Federal Judges rulingsP4-5

P4/A There is over 15 judges that agree that the NSA surveillance program is
constitutional
P5/B US federal Judges rules for it, just after Judge rules against it
P5/C US Judge William Pauley Rules NSA collection of data constitutional

NSA constitutional..P6-8
P6/A William Pauley also agrees on the 9/11 assertions
P6/B Justice Department spokesman said NSA program is legal
P7/C The NSA programs are legal, due to the Maryland case of 1979
P7/D FISA court holds that the DATA collection program is legal
P8/E The Constitution gives the president inherent powers to authorize wiretaps

Supreme Court ruling

The Supreme Court will rule the NSA spying program in 2015
From Is the NSA's Spying Constitutional? It Depends Which Judge You Ask by
Andrew Cohen, published on the Atlantic, December 27th 2013
Unless there is a form of unanimity (u-na-ni-i-ty) between and among those appeals
courts that clearly is lacking between and among Judges Leon and Pauley, we'll see
sometime in 2015 the first big terror law case in front of the Supreme Court
Andrew Cohen is a contributing editor at The Atlantic, he is the legal analyst, at the
Brennan Center for Justice. He is also chief analyst for CBS Radio News and is one of
the nation's leading legal journalists
http://www.theatlantic.com/national/archive/2013/12/is-the-nsas-spying-constitutional-itdepends-which-judge-you-ask/282672/
Well continue to see back and fourth ruling until the Supreme Court rules in 2015
From Is the NSA's Spying Constitutional? It Depends Which Judge You Ask by
Andrew Cohen, published on the Atlantic, December 27th 2013
Although the two opinions apply the same law and essentially the same facts, they are so
contradictory they cannot be reconciled. One judge will be proven right and the other
proven wrong, although I suspect it may be 2015 before the final tally is recorded
Andrew Cohen is a contributing editor at The Atlantic, he is the legal analyst, at the
Brennan Center for Justice. He is also chief analyst for CBS Radio News and is one of
the nation's leading legal journalists
http://www.theatlantic.com/national/archive/2013/12/is-the-nsas-spying-constitutional-itdepends-which-judge-you-ask/282672/

Only the Supreme Court can rule the NSA programs constitutional
From Feinstein Statement on the NSA call records ruling by Dianne Feinstein,
published on Feinstein.gov, December 17th 2013
Only the Supreme Court can resolve the question on the constitutionality of the NSAs
program. I welcome a Supreme Court review since it has been more than 30 years since
the courts original decision of constitutionality, and I believe it is crucial to settling the
issue once and for all. In the meantime, the call records program remains in effect.
Dianne Feinstein is the Chairman of the Intelligence Committee, Dianne Feinstein, is
the senior United States Senator from California. She has served in the Senate since 1992.
http://www.feinstein.senate.gov/public/index.cfm/pressreleases?
ContentRecord_id=77de634e-fdf4-4515-a0a1-159882812b8f
Feinstein Claims only the Supreme Court can deem NSA unconstitutional
From Feinstein: NSA phone surveillance 'important' but not 'indispensable by Spencer
Ackerman, published on the Guardian December 17th 2013
Feinstein said that other judges have blessed the constitutionality of the domestic call
data program, and urged the US highest court to settle the issue. Only the supreme court
can resolve the question on the constitutionality of the NSAs program, Feinstein said in
her statement.
Spencer Ackerman is national security editor for Guardian US. A former senior writer for
Wired,
http://www.theguardian.com/world/2013/dec/17/feinstein-nsa-bulk-surveillanceimportant-indispensable

4
Pauley agrees that the program is lawful. But, also aggress its up for the judicial
branch to decide
From NSA collection of phone data is lawful, federal judge rules by Sari Horwitz,
published on the New York Times, December 27th 2013
Pauley said that the sweeping collection of phone records is lawful under Section 215 of
the Patriot Act and under the Fourth Amendment. But he added that the issue of whether
the program should be conducted is for the other two coordinate branches of
Government to decide.
Sari Horwitz is a member of The Washington Post's investigation unit. A reporter for The
Washington Post since 1984, she has covered crime, homeland security, federal law
enforcement, education, social services, and the Department of Justice.
http://www.washingtonpost.com/world/national-security/nsa-collection-of-phone-data-islawful-federal-judge-rules/2013/12/27/4b99d96a-6f19-11e3-a523fe73f0ff6b8d_story.html

Judges/Federal Judges rulings

There are over 15 judges that agree that the NSA surveillance program is
constitutional
From Obama disagrees with watchdog groups conclusion that NSA phone program is
illegal by Ellen Nakashima Published on The Washington Post January 23rd 2014
White House spokesman Jay Carney said. He cited two federal court rulings that upheld
the programs constitutionality, as well as the findings of at least 15 judges on the Foreign
Intelligence Surveillance Court over the past seven years that the program could continue
under the statute.
Ellen Nakashima is a national security reporter for The Washington Post. She focuses on
issues relating to intelligence, technology and civil liberties.
http://www.washingtonpost.com/world/national-security/obamadisagrees-with-watchdog-groups-conclusion-that-nsa-phone-programis-illegal/2014/01/23/7a945564-8464-11e3-80999181471f7aaf_story.html

US federal Judges rules for it, just after Judge rules against it
From
NSA collection of phone data is lawful, federal judge rules
by Sari Horwitz, published on the New York Times, December 27th 2013
A federal judge in New York ruled Friday that the massive collection of domestic
telephone data brought to light by former National Security Agency contractor Edward
Snowden is lawful, rejecting a challenge to the program by the American Civil Liberties
Union.The decision marked a victory for the government less than two weeks after a
District Court judge ruled against it
Sari Horwitz is a member of The Washington Post's investigation unit. A
reporter for The Washington Post since 1984, she has covered crime,
homeland security, federal law enforcement, education, social
services, and the Department of Justice.
http://www.washingtonpost.com/world/national-security/nsa-collection-of-phone-data-islawful-federal-judge-rules/2013/12/27/4b99d96a-6f19-11e3-a523fe73f0ff6b8d_story.html
US Judge William Pauley Rules NSA collection of data constitutional
From NSA collection of phone data is lawful, federal judge rules by Sari Horwitz,
published on the New York Times, December 27th 2013
U.S. District Judge William H. Pauley III said Friday that the program, which collects
virtually all Americans phone records, represents the U.S.
governments counter-punch to eliminate the al-Qaeda terrorist
network and does not violate the Fourth Amendment, which prohibits
unreasonable search and seizure.
Sari Horwitz is a member of The Washington Post's investigation unit. A reporter for The
Washington Post since 1984, she has covered crime, homeland security, federal law
enforcement, education, social services, and the Department of Justice.
http://www.washingtonpost.com/world/national-security/nsa-collectionof-phone-data-is-lawful-federal-judge-rules/2013/12/27/4b99d96a-6f1911e3-a523-fe73f0ff6b8d_story.html

NSA constitutional
William Pauley also agrees on the 9/11 assertions
From NSA collection of phone data is lawful, federal judge rules by Sari Horwitz,
published on the New York Times, December 27th 2013
Pauley endorsed the assertion made by government officials that if the United States had
the phone data collection program before 2001, they might have had a better chance at
preventing the Sept. 11 attacks.
Sari Horwitz is a member of The Washington Post's investigation unit. A reporter for The
Washington Post since 1984, she has covered crime, homeland security, federal law
enforcement, education, social services, and the Department of Justice.
http://www.washingtonpost.com/world/national-security/nsa-collectionof-phone-data-is-lawful-federal-judge-rules/2013/12/27/4b99d96a-6f1911e3-a523-fe73f0ff6b8d_story.html
Justice Department spokesman said NSA program is legal
From NSA collection of phone data is lawful, federal judge rules by Sari Horwitz,
published on the New York Times, December 27th 2013
Justice Department spokesman Peter Carr said the government is pleased the court
found the NSAs bulk telephony metadata collection program to be lawful.
Sari Horwitz is a member of The Washington Post's investigation unit. A reporter for The
Washington Post since 1984, she has covered crime, homeland security, federal law
enforcement, education, social services, and the Department of Justice.
http://www.washingtonpost.com/world/national-security/nsa-collectionof-phone-data-is-lawful-federal-judge-rules/2013/12/27/4b99d96a-6f1911e3-a523-fe73f0ff6b8d_story.html

The NSA programs are legal, due to the Maryland case of 1979
From NSA collection of phone data is lawful, federal judge rules by Sari Horwitz,
published on the New York Times, December 27th 2013
The government has based its legal justification for the program on a 1979 case, Smith v.
Maryland, in which the Supreme Court found Americans have no expectation of privacy
in the telephone metadata that companies hold as business records and ruled that a
warrant is not required to obtain such information.
Sari Horwitz is a member of The Washington Post's investigation unit. A reporter for The
Washington Post since 1984, she has covered crime, homeland security, federal law
enforcement, education, social services, and the Department of Justice.
http://www.washingtonpost.com/world/national-security/nsa-collection-of-phone-data-islawful-federal-judge-rules/2013/12/27/4b99d96a-6f19-11e3-a523fe73f0ff6b8d_story.html

FISA court holds that the DATA collection program is legal

From NSA collection of phone data is lawful, federal judge rules by Sari Horwitz,
published on the New York Times, December 27th 2013
In a series of decisions made in secret since 2006, judges on the Foreign Intelligence
Surveillance Court, which hears only the governments side of cases, also held that the
program is lawful.
Sari Horwitz is a member of The Washington Post's investigation unit. A reporter for The
Washington Post since 1984, she has covered crime, homeland security, federal law
enforcement, education, social services, and the Department of Justice.
http://www.washingtonpost.com/world/national-security/nsa-collection-of-phone-data-islawful-federal-judge-rules/2013/12/27/4b99d96a-6f19-11e3-a523fe73f0ff6b8d_story.html

The Constitution gives the president inherent powers to authorize wiretaps

From NSA Wiretapping: The Legal DebatePublished by the NPR on November 17,
2013
President Bush authorized the taps on domestic phone calls and e-mails shortly after the
attacks of Sept. 11, 2001. But the program remained secret until last December. Since
then, the Bush administration has offered legal justifications for the surveillance that rest
on two principal assertions. First, administration officials argue that the Constitution
gives the president inherent powers to authorize warrantless wiretaps to protect national
security. Second, they assert that Congress gave the president that power when, three
days after the Sept. 11 attacks, it authorized him to use "all necessary and appropriate
military force" against al Qaeda.
Maria Godoy Senior editor and host of NPR's The Salt.
http://www.npr.org/news/specials/nsawiretap/legality.html