Earlier today, a federal judge in New York City issued a ruling that trashes the U.S. Constitution Obama-style, endorses absolute tyranny over the American people and runs interference for an unbridled and runaway National Security Agency (NSA). The judge’s name is William Pauley III, regrettably my former classmate at Duke University, but also someone who has now protected a Democratic president who I suspect hopes will now appoint him to a higher post, perhaps even the Supreme Court when Justice Ginsburg retires.
The ruling of Judge Pauley, who found that the NSA’s grossly overbroad and unbridled collection of metadata on all 300 million-plus U.S. citizens is peachy keen, since the government has an absolute right to secretly spy on all Americans, is an outrage. Here are excerpts from his opinion, which he likely issued on a Friday to try to deep six critical media scrutiny.
“This blunt tool only works because it collects everything. … such data can reveal a rich profile of every individual as well as a comprehensive record of people’s associations with one another.”
“[T]here is another level of absurdity in this case. The ACLU would never have learned about the section 215 order authorizing collection of telephony metadata related to its telephone numbers but for the unauthorized disclosures by Edward Snowden. Congress did not intend that targets of section 215 orders would ever learn of them. …”
To the contrary, the courageous judge in my lawsuit against President Obama and the NSA, the Honorable Richard J. Leon, who found that the NSA’s overly broad spying without regard to terrorist threats is unconstitutional and in fact “almost Orwellian” – that is typical of a police state – ruled this way when he preliminarily enjoined the NSA from further abuse of the people’s right to be secure from unreasonable searches of their private and most confidential information:
“I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen for the purposes of querying it and analyzing it without judicial approval.”
“[I]f the NSA’s program operates the way the Government suggests it does, then omitting Verizon Wireless, AT&T, and Sprint from the collection would be like omitting John, Paul, and George from a historical analysis of the Beatles. A Ringo-only database doesn’t make any sense, and I cannot believe the Government would create, maintain, and so ardently defend such a system.”
Contrasting these two judges and their decisions, it is clear who worships at the altar of a government god and who respects and enforces the God-given constitutional rights of the American people. Judge Pauley regrettably embodies what as a whole the judiciary has become: the “yes men” of the ruling establishment – whereas Judge Richard J. Leon is a rare jurist for We the People and thus an American hero.
With more judges like Judge Leon, the nation stands a chance to avert a violent revolution, which could break out if the unprincipled and calculated rulings of jurists like Judge Pauley become even more of the norm. The three branches of government – with some exceptions, like the colleague of Judge Leon, the Honorable Royce C. Lamberth, who also has done much to check unbridled government power and thus tyranny – have by and large scratched the backs of the political elite, ignored the grievances of the American people and as such, thrust us back into the equivalent of 1776.
As news of Judge Pauley’s decision broke, ironically I was in Philadelphia, my native city and the place where our Founding Fathers debated, agreed upon and signed the Declaration of Independence over 237 years ago. And, in being asked to appear on Fox News to critique the decision, I was just across from Independence Hall. Not that I need to be reminded of the valor of our Founding Fathers and their sacrifices to create a new nation, but the irony of this event and this day obviously touched me.
Judge Pauley’s running interference for President Obama and arrogant Republicans like Rep. Peter King and the monster he has helped to create at the NSA, which has trampled on the constitutional rights of all Americans with its blanket spying without regard to whether we are communicating with terrorists or terrorist groups, has furthered a government tyranny, endorsed not only by Obama and his Democratic enablers in Congress, but also arrogant Republican ones, who believe and practice the edict that the government is all supreme and that we must bow at its altar. For the NSA’s spying, with the attendant fear that this wreaks among anyone who would step out of line, criticize and take action to restore our freedoms, has the effect of giving Obama and his leftist and establishment Democratic and Republican comrades a “free hand” to continue on their path to convert these states into a socialist nation.
The first American Revolution was largely declared, fought and won to bring capitalism and liberty to the colonies. The Founding Fathers today are turning in their hallowed graves, some buried here in Philadelphia, in “divinely reading” Judge Pauley’s decision. For Judge Pauley would have been a Tory during colonial times and for him King George III, the embodiment of his Democratic President Barack Obama, would be just fine to rule over the states.
The decision of two disparate and ideologically different judges, Pauley and Leon, will now likely go to the Supreme Court. Let us hope and pray that it will protect the American people from a government that believes and acts as if the citizenry, in the words of Alexander Hamilton, are a “great beast” and that the ruling establishment has a right to run roughshod over our God given freedoms. See www.reclaimamericanow.net and www.freedomwatchusa.org.