Court Denies Access to FISA Records for Defendent

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ivwshane

Lifer
May 15, 2000
33,668
17,273
136
National Security trumps and individuals rights every time -- Like it or not!!

Are you trolling?


Does it say somewhere in the constitution that our rights trump everything except national security?


And exactly how would showing how the warrant was obtained be a national security issue?
 

brandonb

Diamond Member
Oct 17, 2006
3,731
2
0
What an awesome state we live in. Where the FBI tries to set people up, and regardless if anything happens or not, they end up in court where the defendant can't defend themselves. All their evidence is "thrown out."

Since people have a natural bias to side with authority because they believe authority is looking out for the best interest of society. This will lead for this individual to be guilty until proven innocent. The FBI can and will say or do anything to frame the person. This guy is going to need all the evidence to prove his innocence, which he is not allowed to have. I wish I would end up in the Jury pool. Unfortunately I don't live in Chicago.
 

shira

Diamond Member
Jan 12, 2005
9,500
6
81
It won't surprise me if this makes it before SCOTUS that overturns this ruling and uphold rights guaranteed by the US Constitution.
If this case does make it to the SCOTUS, I can guarantee you that votes to uphold the FISA court ruling will be coming from Scalia, Thomas, Alito, and possibly Roberts, not from any of the liberals.
 

Jimzz

Diamond Member
Oct 23, 2012
4,399
190
106
If this case does make it to the SCOTUS, I can guarantee you that votes to uphold the FISA court ruling will be coming from Scalia, Thomas, Alito, and possibly Roberts, not from any of the liberals.


Well seeing that Roberts hand picks the FISA judges I don't think there is any possible way he says they are wrong.
 

xj0hnx

Diamond Member
Dec 18, 2007
9,262
3
76
National Security trumps and individuals rights every time -- Like it or not!!

Bullshit. Without our rights who gives a fuck about National Security? Yippy!!! Our police state is secure!!! ....fuck that
 

shira

Diamond Member
Jan 12, 2005
9,500
6
81
Sorry but if the premise of the story correct this effectively violates Constitutional rights. National security? There is no greater threat than a government which violates those rights, trickery or roundabout invalidation notwithstanding. Some information may perhaps be redacted, but wholesale denial? No.

Like so many others before you, you (again) make the erroneous assumption that rights under the Constitution are absolute. They're not. For one thing, they're frequently in conflict with one another; so something's got to give.

Furthermore, national defense is clearly the paramount purpose of the federal government, and there will inevitably be conflicts between individual rights and the responsibility of the government to defend the country. Clearly, something's got to give, and it simply cannot always be national security.

Unfortunately, there's a tradeoff between security and freedom, and I'm not aware of anyone who is willing to trade away ALL security for maximum freedom.
 

ivwshane

Lifer
May 15, 2000
33,668
17,273
136
Like so many others before you, you (again) make the erroneous assumption that rights under the Constitution are absolute. They're not. For one thing, they're frequently in conflict with one another; so something's got to give.

Furthermore, national defense is clearly the paramount purpose of the federal government, and there will inevitably be conflicts between individual rights and the responsibility of the government to defend the country. Clearly, something's got to give, and it simply cannot always be national security.

Unfortunately, there's a tradeoff between security and freedom, and I'm not aware of anyone who is willing to trade away ALL security for maximum freedom.

When it comes to getting a fair trial, especially one where the plaintiff is the government, I'd give up all my security.
 

werepossum

Elite Member
Jul 10, 2006
29,873
463
126
Like so many others before you, you (again) make the erroneous assumption that rights under the Constitution are absolute. They're not. For one thing, they're frequently in conflict with one another; so something's got to give.

Furthermore, national defense is clearly the paramount purpose of the federal government, and there will inevitably be conflicts between individual rights and the responsibility of the government to defend the country. Clearly, something's got to give, and it simply cannot always be national security.

Unfortunately, there's a tradeoff between security and freedom, and I'm not aware of anyone who is willing to trade away ALL security for maximum freedom.
Well said, and I tend to agree. I'm generally against getting evidence thrown out because of technical problems with warrants. The only reason I'm vacillating is because the government (unfortunately, at many levels) has a history of creating such cases. And IF the guy really was only researching a term paper on Usama, AND the FBI then concentrated on persuading him to take a car bomb, then that might be entrapment. (And that's assuming that the government didn't just make up the car bomb plot out of thin air.) Surely there should be a way to divulge to the judge the basis of the warrant without disclosing sensitive assets, assuming the process was legal.
 

Zorba

Lifer
Oct 22, 1999
15,613
11,256
136
Like so many others before you, you (again) make the erroneous assumption that rights under the Constitution are absolute. They're not. For one thing, they're frequently in conflict with one another; so something's got to give.

Furthermore, national defense is clearly the paramount purpose of the federal government, and there will inevitably be conflicts between individual rights and the responsibility of the government to defend the country. Clearly, something's got to give, and it simply cannot always be national security.

Unfortunately, there's a tradeoff between security and freedom, and I'm not aware of anyone who is willing to trade away ALL security for maximum freedom.

This line of thinking is exactly why so much of the bill of rights focuses on fair trails.
 
Nov 25, 2013
32,083
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"They who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."

Ben Franklin: Reply to the Governor, Nov., 1755

I agree with Ben.