TOM HENEGHAN
EXPLOSIVE INTELLIGENCE BRIEFINGS
ALL Patriot Americans
MUST know,
with sources inside American/European intelligence agencies and INTERPOL
reporting what is really going on behind the scenes of the corporate-controlled,
fascist, extortion-friendly propaganda U.S. media's massive deceptions
with sources inside American/European intelligence agencies and INTERPOL
reporting what is really going on behind the scenes of the corporate-controlled,
fascist, extortion-friendly propaganda U.S. media's massive deceptions
Sunday September 7, 2014
NAZI Treason Escalates
by Tom Heneghan, International
Intelligence Expert
UNITED States of America - It can now be reported that
Congressman Mike Rogers, Republican of Michigan, and Senator Dianne Feinstein,
Democrat of California, have conspired with the U.S. NSA and the U.S.
Department of Justice to hide relevant evidence that proves abuse of the American
People's Constitutional rights aka Section 215 of the totally UN-Constitutional
BrushFRAUD era neo-Nazi Patriot Act.
In fact, Rogers co-sponsored legislation
which covered up the phone dragnet against the American People in which members
of Congress voted for FISA legislation that re-authorized the Patriot Act
without certain members of Congress not realizing what they had just voted for.
ISIS remains a total U.S.-British
Intelligence and NAZI Paperclip NSA creation funded by the Saudi Royal Family
and crooked worldwide banks as to continue UN-Constitutional NAZI Paperclip
occupation of the United States and allow algorithms and other NSA-type
technology to manipulate world financial markets.
Related
[color highlights added]
Patriot Act's absurd new spawn: Just when
you thought it couldn't get any worse
Creative legal interpretations may now
enable the government to sign off on things that will blow your mind
Congress may be preparing to reinforce two horrible FISA
Court decisions and an abusive government search with no debate in the coming
weeks: a decision to give national security orders unlimited breadth, one
making it legal for the government to investigate Americans for activities
protected under the First Amendment, and the FBI’s “back door” searches of
Americans’ communication content collected under the FISA Amendment Act Section
702 authority.
On Tuesday, the ACLU and the Department of
Justice argued about the legality of the NSA’s phone dragnet
program before the 2nd Circuit Court of Appeals in New York. Much of the discussion focused on
the implications of the government’s theories that it can collect all phone
records in the United States based on a claim they are “relevant” to standing
terrorism investigations. “You can collect everything there is to know about
everybody and have it all in one big government cloud,” said Judge Gerard
Lynch, describing the implications of the government’s theories to Assistant
Attorney General Stuart Delery.
But the ACLU and the government also
engaged in an equally important debate — on whether the FISA Court’s
interpretation of the word “relevant” overstepped Congress’ intent – focused on whether Congress had backed FISC’s
definition of “relevant” by reauthorizing the Patriot Act twice.
The executive branch and the FISA Court have spent the last 15 months arguing that Congress “ratified” the expansive interpretations on which the phone dragnet program relies when it reauthorized the Patriot Act in 2010 and 2011 because, having been informed of the program, Congress extended the Patriot Act without changing that language. “When Congress reenacts a statute without change,” the administration said in a white paper on the phone dragnet in August 2013, ”it is presumed to have adopted the administrative or judicial interpretation of the statute if it is aware of the interpretation.” Three federal judges have bought that claim, relying on it to rule the program is legal.
The executive branch and the FISA Court have spent the last 15 months arguing that Congress “ratified” the expansive interpretations on which the phone dragnet program relies when it reauthorized the Patriot Act in 2010 and 2011 because, having been informed of the program, Congress extended the Patriot Act without changing that language. “When Congress reenacts a statute without change,” the administration said in a white paper on the phone dragnet in August 2013, ”it is presumed to have adopted the administrative or judicial interpretation of the statute if it is aware of the interpretation.” Three federal judges have bought that claim, relying on it to rule the program is legal.
The government’s claim with regards to past
authorizations is terribly weak. There were at least six known instances where Congress did not get notice
it should have; in several cases, those obligations were imposed by law. Perhaps the most important – in
which House Intelligence Committee chairman Mike Rogers did not invite most
congressmen to read notice of the dragnet provided to Congress in 2011 — means
that 65 of the people who
voted to reauthorize the Patriot Act in 2011 probably had had no way of
learning about the phone dragnet. And, as the ACLU’s Alexander Abdo
pointed out in Tuesday’s hearing, Congress couldn’t have been
briefed on the legal analysis underlying the phone dragnet because the FISA
Court never got around to writing an opinion on it until 2013, in response to
the Snowden leaks.
The executive’s claim that Congress
“ratified” the phone dragnet before the Snowden leaks — and therefore that the
program currently complies with the intent of Congress — is farcical. And the
judges on the panel — in addition to Lynch, fellow Democratic appointees Robert
Sack and Vernon Broderick — seem
skeptical of the government’s claim that secret briefings offered about an
unannounced program can support a claim that Congress knowingly ratified the
program.
So the government’s argument that the
program is legal because Congress reauthorized the Patriot Act after the
government started secretly using it to collect most phone records in the U.S.
may fail to persuade the 2nd Circuit.
But that won’t be true going forward.
The
government’s public release of numerous court opinions and other intelligence
information over the last 15 months means no one in Congress can make a
credible claim to be uninformed of the decisions underlying these parts of the
government’s spying. In 2011, most
members of Congress probably didn’t know the FISC had redefined the word
“relevant” in a key Patriot Act definition to mean “everything,” but they
should know that now. Yet none of the current proposals to reform the
dragnet do anything about the definition of “relevant.” They limit collection
of phone records in other ways, but would permit bulky collection under that
“relevance” standard in a number of ways and by association using a number of
statutes.
Thus, while the 2nd Circuit might rule the current
dragnet illegal in part because the legal logic of it would permit the
government to “collect everything there is to know about everybody,” if
Congress passes the USA Freedom Act without changing that definition of
“relevant,” it will be easier for the government to win this argument in the
future.
Congressional passage of the USA Freedom
Act with the existing language intact would also probably “ratify” two other
intelligence community programs: first, a more recently released decision, a February 2013 opinion in which Judge John Bates ruled
that prohibitions on using the Patriot Act to investigate Americans based
solely on First Amendment-protected activities – such as political speech or
religion — do not apply if associates of the targeted person are engaged in
unprotected activities. Bates took language from Congress prohibiting the
government from using Patriot authorities against Americans for nothing more
than their speech and created a loophole allowing the government to do just
that.
As Stanford law professor Jennifer Granick said in a post on this opinion, “Most people, when they
cite [the] statutory language [from the Patriot Act], believe it means that Americans
won’t be subjects of terrorism investigations for the First Amendment protected
things they say or do.” But based on what we can see of Bates’ opinion, Granick
continued, “They would be wrong.”
And while the language of the opinion
pertains to a terrorism investigation, the novel interpretation of the phrase
might now apply in other uses of Patriot authorities, such as
counterintelligence investigations, which sometimes includes hacking or leak
investigations. Behind a veil of secrecy, Bates and the government appear to
have made it OK to investigate Americans for their free speech again.
In addition, the government has revealed
the FBI conducts “back door” searches — warrantless searches on U.S. persons’
data collected under FISA Section 702 – even for “assessments” of
counterterrorism investigations. The FBI keeps no records of such searches, presumably because it
dictated for itself in 2011 it need not keep any records of assessments. As a result, it refuses to tell Congress how
many Americans have been subjected to such warrantless searches.
In a letter released Wednesday, Director of
National Intelligence James Clapper seemed to point to back door searches. He hailed Sen.
Leahy’s version of the USA Freedom Act because it ”recognize[s] the technical
limitations on our ability to report certain types of information.” The big
topic the bill limited was FBI searches of 702 information. That
suggests Clapper is pointing to Leahy’s exemption for FBI’s back door searches.
That would be particularly troubling given that back door
searches are one area of particularly acute constitutional concern.
And if Congress doesn’t do anything about
these issues, in the future the government will argue — more credibly, this
time — that Congress signed off on these expansions of Executive authority.
Whether by passing USA Freedom Act this
fall or by reauthorizing the Patriot Act next June, Congress is likely to
extend the life of the Patriot Act. Given the absurd implications of some of
the recently released FISC opinions, Congress would do well to redefine this
language to reclaim the plain English meaning, contrary to FISC’s
reinterpretations of it.
Thus far, however, they show no sign of
doing so.
Marcy Wheeler writes at EmptyWheel.net and is the
author of "Anatomy of Deceit."
http://www.salon.com/2014/09/04/patriot_acts_absurd_new_spawn_just_when_you_thought_it_couldnt_get_any_worse/
http://www.salon.com/2014/09/04/patriot_acts_absurd_new_spawn_just_when_you_thought_it_couldnt_get_any_worse/
There Are
NO Terrorists - There NEVER Were Any Terrorists
http://www.tomheneghanbriefings.com/There-Are-NO-Terrorists-There-NEVER-Were-Any-Terrorists_06-04-2014.html
http://www.tomheneghanbriefings.com/There-Are-NO-Terrorists-There-NEVER-Were-Any-Terrorists_06-04-2014.html
Banks
Remain On the Brink
http://www.tomheneghanbriefings.com/Banks-Remain-On-The-Brink_06-08-2014.html
http://www.tomheneghanbriefings.com/Banks-Remain-On-The-Brink_06-08-2014.html
Black Ops and PsyOps and God Save the Queen
http://www.tomheneghanbriefings.com/Black-Ops-and-Psy-Ops-and-God-Save-the-Queen_06-12-2014.html
http://www.tomheneghanbriefings.com/Black-Ops-and-Psy-Ops-and-God-Save-the-Queen_06-12-2014.html
Black Ops and PsyOps 2, Pivot!
http://www.tomheneghanbriefings.com/Black-Ops-and-Psy-Ops-2-Pivot_06-15-2014.html
http://www.tomheneghanbriefings.com/Black-Ops-and-Psy-Ops-2-Pivot_06-15-2014.html
PsyOps and Black Ops and Ponzi Schemes 5
http://www.tomheneghanbriefings.com/PsyOps-Black-Ops-and-Ponzi-Schemes-5__06-29-2014.html
http://www.tomheneghanbriefings.com/PsyOps-Black-Ops-and-Ponzi-Schemes-5__06-29-2014.html
The REAL Terrorists are Exposed: They are the Bankers and
the NSA
http://www.tomheneghanbriefings.com/The-REAL-Terrorists-are-Exposed-They-are-the-Bankers-and-the-NSA__08-10-2014.html
http://www.tomheneghanbriefings.com/The-REAL-Terrorists-are-Exposed-They-are-the-Bankers-and-the-NSA__08-10-2014.html
ISIS PsyOp Exposed as British Intelligence-NAZI Paperclip
U.S. NSA Trickery
http://www.tomheneghanbriefings.com/ISIS-PsyOp-Exposed-As-British-Intelligence-NAZI-Paperclip-US-NSA-Trickery__08-24-2014.html
http://www.tomheneghanbriefings.com/ISIS-PsyOp-Exposed-As-British-Intelligence-NAZI-Paperclip-US-NSA-Trickery__08-24-2014.html
ISIS Crooked Bank Ponzi Scheme Exposed!
http://www.tomheneghanbriefings.com/ISIS-Crooked-Bank-Ponzi-Scheme-Exposed__08-25-2014.html
http://www.tomheneghanbriefings.com/ISIS-Crooked-Bank-Ponzi-Scheme-Exposed__08-25-2014.html
ISIS TOTALLY EXPOSED!
http://www.tomheneghanbriefings.com/ISIS-TOTALLY-EXPOSED__08-31-2014.html
http://www.tomheneghanbriefings.com/ISIS-TOTALLY-EXPOSED__08-31-2014.html
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