Thursday 11th February 2016

Home » Frontpage » Currently Reading:

Spying On Innocents

July 16, 2014 Frontpage No Comments

By ANDREW P. NAPOLITANO

In what appears to be one of Edward Snowden’s final revelations, the former CIA and NSA agent has demonstrated conclusively that the National Security Agency has collected and analyzed the contents of emails, text messages, and mobile and landline telephone calls from nine non-targeted U.S. residents for every one U.S. resident it has targeted.
This puts the lie to the government’s claims that it has only collected metadata — identifying markers such as phone numbers and email addresses — and not content from unsuspecting and unsuspected Americans. It puts the lie to the government’s claims that it has studiously avoided prying into the private lives of Americans, in whom it has no intelligence-related or lawful interest. And this puts the lie to the government’s contentions and the opinions of judges of the secret Foreign Intelligence Surveillance Court that the NSA’s spying is somehow lawful, constitutional, and helpful.
We now know that the government has failed effectively to refute the Snowden claims that it has collected and maintained for future access massive amounts of personal materials about nearly all people in America since 2009. This includes the metadata and content of nearly every telephone call, email, and text message made, sent, or received in the U.S., as well as nearly every credit card bill, utility bill, and monthly bank statement of nearly every person in the U.S.
This was accomplished through the issuance of general warrants by FISA court judges. General warrants do not particularly describe the place to be searched or the person or thing to be seized as the Constitution requires. General warrants authorize the bearer to use the power of government to search wherever he wishes.
The use by British troops of general warrants was a principal motivation for the American Revolution, and the very purpose and literal wording of the Fourth Amendment was to outlaw and prohibit them.
Nevertheless, in their lust to appear muscular in our constitutionally sad post-9/11 era, politicians from both major political parties have defied the plain meaning and universally accepted history of the right to privacy and reverted to these odious instruments so condemned by the nation’s founders and the Constitution’s framers.
The recent Snowden revelations showed that about 900,000 innocent U.S. residents — including President Barack Obama himself — were subjected to heavy NSA scrutiny. This was done by NSA agents who knew that the subjects of their scrutiny were not the targets of their investigation.
How could that happen? It happened because the FISA court meets in secret, where the NSA has no opposition and the court has no transparency. This volatile mix has resulted in that court’s granting well over 99 percent of NSA applications, including the “hop” rule implicated in the scrutiny of innocent Americans. In NSA-speak, a hop is a jump from one telephone conversation to another using a common phone.
In the sterile, isolated, and secret environment of the FISA court — where even the judges cannot keep records of their own decisions — NSA agents and lawyers have persuaded judges to permit spying on people who are six hops from a target.
Thus, by way of illustration, if A is a target and speaks with B, the NSA can listen to all of B’s conversations, even those not with A. The leap from A to B is one hop, and the NSA gets six, so it can listen to any C who has spoken to B, any D who has spoken to any C, any E who has spoken to any D, any F who has spoken to any E, and any G who has spoken to any F.
The 900,000 innocent U.S. residents whose private and personal lives have been subjected to NSA scrutiny — including the examination of their photographs, intimate personal behavior, medical and financial needs — consist of those who are within six hops from a target; in the illustration above, that would be every B, C, D, E, F, and G whom the NSA can find.
According to Snowden, there is no effort made by the NSA to minimize the scrutiny of those who are in the B-G category — even though the chances that any of them are in cahoots with A are extremely remote, particularly once the NSA gets beyond B.
But remoteness does not trouble the NSA, and neither does the Constitution. Remoteness is a serious constitutional and practical problem. It violates the rights of known innocents, as the NSA has no constitutional or lawful authority to spy on any non-targets and FISA court judges have no power to authorize that spying. It also consumes the time and resources of NSA agents, whose job it is to find terror plots.
Is it any wonder that the Boston Marathon bombers discussed their plans with friends using their cell phones and the NSA missed it? Is it any wonder that when Gen. Keith Alexander, who ran the NSA for five years, was asked under oath how many plots his agents had uncovered with their spying on all Americans, he replied 57 and then the next day changed that reply to three and then was unable or unwilling to identify the supposed three? Is it any wonder that the two non-FISA court federal judges who scrutinized all this both found that it has uncovered no plots?
When the government sees or hears all, it knows all. And when the people tolerate a government that knows all, they will be afraid to be themselves. And the joy of being and expressing oneself is the very reason we have a Constitution designed to restrain government.
James Madison warned that the loss of liberty rarely happens in one great event but rather happens gradually, over time, resulting from the actions of government officials who claim to be fortifying security. He practically predicted today’s events. The violations of our rights are obvious, undenied, and undeniable. Yet what Madison probably feared most, he did not articulate: Once lost, liberty is lost forever.

+    +    +

(Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel. Judge Napolitano has written seven books on the U.S. Constitution. The most recent is Theodore and Woodrow: How Two American Presidents Destroyed Constitutional Freedom.)

Share Button

Comment on this Article:

COMPLETE 3 PART Interview With Cardinal Burke . . . Insights On The State Of The Church In The Aftermath Of The Ordinary Synod On The Family

Cburke3

By DON FIER Part 1 (Editor’s Note: His Eminence Raymond Leo Cardinal Burke, Patron of the Sovereign Military Order of Malta, recently traveled from Rome to the Shrine of Our Lady of Guadalupe in La Crosse, Wis., a magnificent place of worship which he founded and dedicated. (His Eminence graciously granted an extensive interview to The Wanderer during which he…Continue Reading

‘Justice has been served’ – Bishop Conley on why he invited Bishop Finn to Lincoln

Lincoln, Neb., Feb 5, 2016 / 11:29 am (CNA/EWTN News).- Bishop James D. Conley of Lincoln defended his decision to allow Bishop Robert Finn, former bishop of Kansas City, Mo., to take a position as chaplain of a community of…Continue Reading

Marco Rubio, David Daleiden; Chi-Town priest ‘outs’ himself

The young investigative journalist and pro-life activist David Daleiden – whom GOP presidential hopeful Marco Rubio recently defended – will present himself before Judge Brock Thomas in Houston on February 4. Peter Breen, special counsel for the Thomas More Society,…Continue Reading

Catholic Italy mobilises as conservatives mount last stand against same-sex unions

It has been 2,000 years since Romans gathered at the Circus Maximus to watch chariots roar around the racetrack, but a new battle was brought to the ancient site on Saturday . Clutching banners reading “We defend our children” and…Continue Reading

New documents prove Planned Parenthood profited from selling aborted body parts: pro-life group

HOUSTON, January 29, 2016 (LifeSiteNews) – A pro-life organization has released documents that may show Planned Parenthood illegally profited from the sale of aborted babies’ body parts, furthering a Texas state investigation and possibly triggering a new grand jury in…Continue Reading

TRUMP’S SPOKESWOMAN MUST APOLOGIZE

Bill Donohue comments on a remark made by Donald Trump’s national spokeswoman, Katrina Pierson: On December 18, 2011, Katrina Pierson sent the following tweet: “Just saw a commercial from Catholic Church stating that Catholic Church

Faithful Catholic Education Offers Understanding of True Freedom, Says Archbishop Lucas

Catholic education prepares students to live a life of faith, but also offers students a true understanding of God-given freedom in an environment in which they can grow in virtue, said Archbishop George Lucas of the Archdiocese of Omaha, Neb.,…Continue Reading

NFL star who refused to meet Obama over abortion gives powerful talk at March for Life

WASHINGTON, D.C., January 22, 2016 (LifeSiteNews) – All the speakers at the 2016 March for Life play a pivotal role – but only one was regularly called an MVP. Matt Birk, the former center for the Minnesota Vikings and the…Continue Reading

2016 March for Life heats up blizzard-stricken Washington (PHOTOS)

WASHINGTON, D.C., January 22, 2016 (LifeSiteNews) – The blizzard snows are falling on the nation’s capital, layering the city in a blanket of frost that could be two to three feet thick by tomorrow morning. But for awhile this afternoon,…Continue Reading

SPECIAL REPORT: Planned Parenthood Offices Located Near Half of Catholic Colleges, Alarming Pro-Life Leaders

Half of all four-year, residential Catholic colleges in the U.S. are within five miles of Planned Parenthood facilities, a study by The Cardinal Newman Society has found. Catholic pro-life leaders warn that the close proximity of these Planned Parenthood centers…Continue Reading

81 percent of Americans support dramatically stronger pro-life reforms: Poll

WASHINGTON, D.C., January 19, 2016 (LifeSiteNews) – An overwhelmingly majority – including two-thirds of self-described “pro-choice” Americans – would support greatly strengthening laws that protect the unborn, according to a new poll released this morning. In all, 81 percent of…Continue Reading

New initiative aims to make Catholic men ‘watchmen’

For years, Chad Crow has attended the Archdiocese of St. Paul and Minneapolis’ annual conference for men. And the father of four, who is a parishioner at Transfiguration in Oakdale, said that he and other men who attend the conference…Continue Reading

Vatican Parishes Are Now Welcoming Refugees

Diocese of Rome Responds to Holy Father’s September Invitation for Parishes to Host a Family of Refugees January 15, 2016  By ZENIT Staff Responding to Pope Francis’ appeal this September, Vatican parishes have begun welcoming refugee families. In his Sept.…Continue Reading

Newsmax

Untitled 5 Untitled 2

Attention Readers:

  Welcome to our new website. Readers who are familiar with The Wanderer know we have been providing Catholic news and orthodox commentary for over 145 years in our weekly print edition. Now we are introducing the online daily version of our print journal.


  Our daily version offers only some of what we publish weekly in print. To take advantage of everything The Wanderer publishes, we encourage you to su
bscribe to our flagship weekly print edition, which is mailed every Friday or, if you want to view it in its entirety online, you can subscribe to the E-edition, which is a replica of the print edition.
 
  Our daily edition includes: a selection of material from recent issues of our print edition, news stories updated daily from renowned news sources, access to archives from The Wanderer from the past 10 years, available at a minimum charge (this will be expanded as time goes on). Also: regularly updated features where we go back in time and highlight various columns and news items covered in The Wanderer over the past 145 years. And: a comments section in which your remarks are encouraged, both good and bad, including suggestions.
 
  We encourage you to become a daily visitor to our site. If you appreciate our site, tell your friends. As Catholics we must band together to rediscover our faith and share it with the world if we are to effectively counter a society whose moral culture seems to have no boundaries and a government whose rapidly extending reach threatens to extinguish the rights of people of faith to practice their religion (witness the HHS mandate). Now more than ever, vehicles like The Wanderer are needed for clarification and guidance on the issues of the day.

Catholic, conservative, orthodox, and loyal to the Magisterium have been this journal’s hallmarks for five generations. God willing, our message will continue well into this century and beyond.

Joseph Matt
President, The Wanderer Printing Co.

Untitled 1

A Powerful Weapon: 15 Quotes on the Holy Rosary

We live in evil times. I hardly need elaborate the multitude of crises that fill the globe. Sadly, many are being swept away by this flood of evil and are succumbing to an overwhelming anxiety and discouragement. But no matter how tempting it is, we must not shrink back. We must pray and fast with a living faith and a firm confidence—and there is no better way to…Continue Reading

12 Ways to Become a Committed Catholic Man

There is a Catholic “man-crisis.” Large numbers of men who were baptized Catholic have left the Church and the majority of those who remain are “Casual Catholic Men”, men who do not know the Catholic faith and don’t practice it. This large-scale failure of Catholic men to commit themselves to Jesus Christ and His Church has contributed to the accelerating…Continue Reading

Today . . .

Pope’s Angelus reflection: Trust in the word of the Lord

(Vatican Radio) Do not be afraid but trust in the word of the Lord: that was Pope Francis message to the crowds gathered in a windswept St Peter’s Square on Sunday for the recitation of the Angelus prayer. The Pope based his reflections on the Gospel reading which tells the story of Jesus calling his first disciples by Lake Galilee. After fishing all night without a catch, they are washing their nets when Jesus gets…Continue Reading

Christie and Bush attack Cruz, Rubio for being too pro-life

Fr. Mark Hodges WASHINGTON, D.C., February 5, 2016 (LifeSiteNews) – Pro-lifers across the nation are scratching their heads and saying, “With friends like Chris Christie and Jeb Bush, who needs enemies?” Their frustration comes from both Christie and Bush attacking other presidential candidates as unelectable because they are pro-life without compromise. This morning on MSNBC’s “Morning Joe” program, New Jersey’s Governor Chris Christie attacked Florida’s Senator Marco Rubio for not favoring aborting children conceived in…Continue Reading

INTERVIEW: Padre Pio In Rome: Saints as Living Icons of Divine Mercy

Stefano Campanella, Director of Padre Pio TV and Author of Publications on the Friar of Pietrelcina, Reflects on Significance of the Historic Transfer •February 4, 2016•Osvaldo Rinaldi• Stefano Campanella, born in 1964 in Putignano, Italy, lives with his family at San Giovanni Rotondo. He has been a parliamentary journalist and Vatican expert. Currently, he serves as director of Padre Pio TV and heads the press office of the religious province of Sant’Angelo and Padre Pio…Continue Reading

Pope: The Faith is the greatest inheritance we can leave

(Vatican Radio) The most beautiful inheritance we can leave to others is the Faith: that was Pope Francis’ message during Holy Mass on Thursday morning at the Casa Santa Marta. In his homily, he invited us to not fear death, because the course of life continues. Thinking about death illuminates life The day’s first reading tells the story of the death of King David. “In every life there is an ending,” the Pope said. This…Continue Reading

The Pope: consecrated life must be close to the people

pope301

Vatican City, 2 February 2016 (VIS) – The following are extensive extracts of the Holy Father’s extemporaneous address to the participants in the Jubilee of Consecrated Life, which took place yesterday in the Paul VI Hall. This afternoon in St. Peter’s Basilica he will celebrate the Mass to conclude the Year of Consecrated Life. “I have prepared a text for this occasion regarding the themes of consecrated life and three of its most important pillars:…Continue Reading

Bloomberg Vs. Trump?

By PATRICK J. BUCHANAN The morning of the New Hampshire primary, Donald Trump, being interviewed on Morning Joe, said that he would welcome his “friend” Michael Bloomberg into the presidential race. Which is probably the understatement of 2016. The three-term mayor of New York and media mogul whose fortune is estimated at $39 billion, making…Continue Reading

A Potpourri . . . To Be Is To Give, And Other Matters

By GEORGE A. KENDALL The most fundamental question for all of is: What are we for? What is life about? What is selfhood about? Are we here to aggrandize ourselves with things like power, wealth, brilliance? Or are we here to give ourselves? We think that by working to add to the self, we increase…Continue Reading

Blessed José Sanchez Del Rio… Miraculous Cure Of A Baby Leads To His Sainthood

MEXICO CITY (CNA/EWTN News) — The miraculous cure of a baby with brain damage through the intercession of Mexican martyr Blessed José Luis Sanchez del Rio has been approved by the Vatican, completing the final step for the teen’s path to sainthood. Pope Francis signed the decree January 21, verifying the inexplicable recovery of a…Continue Reading

Begging For Mercy

By DONALD DeMARCO When we do not hear another person’s words correctly we say, “I beg your pardon.” A moderator appears on stage and apologizes for a momentary inconvenience by saying to the audience, “I beg your indulgence.” These words flow easily from our lips, usually without much reflection. They have become automatic responses, polite…Continue Reading

Culture Of Life 101 . . . “How Dissenters Attack The ‘Holiness’ Of The Church”

By BRIAN CLOWES Conclusion (Editor’s Note: Brian Clowes has been director of research and training at Human Life International since 1995. For an electronic copy of the book Call to Action or Call to Apostasy, consisting of a detailed description of the current forms of dissent and how to fight them, e-mail him at bclowes@hli.org.)…Continue Reading

Advertisement

Our Catholic Faith (Section B of print edition)

Listening To Jesus

By FR. ROBERT ALTIER Second Sunday In Lent (YR C) Readings: Gen. 15:-12, 17-18 Phil. 3:1-4:1 Luke 9:28b-36 In the Gospel reading today the apostles were blessed to hear the voice of God speaking about His Son. The first part of the statement, that Jesus is the Son of God, is pretty easy for us to handle. The second part…Continue Reading

The Year Of Consecrated Life Ends . . . Answering God’s Call And Proclaiming His Mercy

By MOST REV. LEO O’REILLY KILMORE, Ireland (ZENIT) — Bishop Leo O’Reilly of Kilmore gave this homily on Sunday, January 31 to mark the closing of the Year of Consecrated Life. The year ended February 2, the Feast of the Presentation of the Lord, and the World Day of Consecrated Life. Bishop O’Reilly told consecrated persons that they have been…Continue Reading

A Leaven In The World . . . Jesus Gave Witness In The Public Square

By FR. KEVIN M. CUSICK “Seems to me that Jesus wants us to love our neighbors and leave the judging up to Him.” This is a typical response of many people when they encounter the Church and her members witnessing to their faith by speaking out on moral teachings in the public square. Christian witness in a visible, public way…Continue Reading

An Apologetics Course . . . Hostility Against The Church

By RAYMOND DE SOUZA, KM Part 40 Fourth objection: Why do so many people have hostility to the Catholic Church? Reply: Why was Jesus the object of hostility from so many people? In simple terms, the Pharisees may have refused Him as they could not accept His doctrine and felt threatened by His power to perform miracles. The Sadducees may…Continue Reading

Life Everlasting — The Particular Judgment

By DON FIER In concluding our examination of the teaching of the Catechism of the Catholic Church (CCC) on article 11 of the Creed, we saw that in order “to rise with Christ, we must die with Christ” (CCC, n. 1005). Death, with all the mystery which surrounds this common fate of all mankind, is the gateway to everlasting life.…Continue Reading

Catholic Heroes . . . St. Miguel Febres Cordero Munoz

By CAROLE BRESLIN There have been many saints born in Europe who came to the Americas to convert the natives and work among immigrants. These included St. Isaac Jogues, St. Frances Cabrini, and St. Damien of Molokai, to name a few. There were few saints who were born in the Americas and then went to Europe and died there far…Continue Reading

Catholic Heroes… Blessed Boleslava Maria Lament

By CAROLE BRESLIN The Catholic Church observes the Church Unity Octave from January 18 through January 25. For each day of the octave, we pray for a different form of unity. For example, on January 18, the intention is for the return of separated Eastern Christians to communion with the Holy See. Another day the intention is for the restoration…Continue Reading