On Dec. 16, 2013, just a few weeks ago, Judge Richard J. Leon issued a historic decision preliminarily enjoining the National Security Agency, or NSA, from engaging in massive spying on the American people. The court’s decision emanated from two class-action lawsuits that were filed in June 2013 by Charles and Mary Ann Strange, Michael Ferrari, Matt Garrison and me against all of the cell phone and Internet carriers that the NSA has tapped into in violation of the constitutional rights of the American populous.
The preliminary injunction order of Judge Leon was explicit about this unconstitutionality and the government’s mandatory compliance. He wrote in his 68-page decision which can be found at FreedomWatchUSA.org:
“… I hereby give the Government fair notice that should my ruling be upheld, this order will go into effect forthwith. Accordingly, I fully expect that during the appellate process, which will consume at least the next six months, the Government will take whatever steps necessary to prepare itself to comply with this order when, and if, it is upheld. Suffice it to say, requesting further time to comply with this order months from now will not be well received and could result in collateral sanctions.”
The judge stayed his decision, allowing the Obama administration, which oversees the NSA, an opportunity to appeal. Indeed, and in this regard, the Obama Justice Department could have filed a notice of appeal on the same day Judge Leon ruled. Instead, it delayed filing the notice appeal, obviously to delay implementation of the court’s preliminary injunction order. But today, the Obama Justice Department finally got around to filing the appeal, as a likely result of my having filed this pleading:
Plaintiffs’ motion for status conference
“Plaintiffs believe that a status conference would be prudent at this time to discuss how this case will proceed following the preliminary injunction order which issued on December 16, 2013. While the preliminary injunction order was stayed pending the appeal, the NSA Defendant, represented by the Obama Justice Department, has thus far shown no inclination to take an expeditious appeal, as no notice of appeal has thus far been filed. To the contrary, it appears that the Obama Justice Department is hanging back to delay implementation of the court’s preliminary injunction order – as it likely intends to ‘stretch’ out the appellate process, perhaps tactically hoping that the recent contrary decision by the U.S. District Court for the Southern District of New York will be upheld by the U.S. Court of Appeals for the Second Circuit before any appeal before the U.S. Court of Appeals for the District of Columbia Circuit is ever decided.
“In addition, a status conference may be prudent to discuss the procedure and timing for this case to move forward through discovery while the NSA defendant pursues any appeal of the Court’s stayed preliminary injunction order. Given the NSA’s on-going activities in spying on the American people, with new revelations today that even computers have been bugged (substantiating the sworn affidavit of Plaintiff Charley Strange and expert David Siler), as well as the likelihood that the offending Verizon related conduct is continuing given that the preliminary injunction order has been temporarily stayed pending appeal, moving this case toward trial without delay is crucial. This court has admirably stated that it will tolerate no delay from the government in this regard, during the prior status conference of October 31, 2013.
“Pursuant to Local Rule 7(m), the Plaintiffs conferred with counsel for the Defendants regarding the relief they seek in this motion. The NSA Defendant, through their Obama Justice Department Counsel, responded that it did not want a status conference. The Verizon Defendants have indicated that they do not take a position with respect to a need for a status conference.
“WHEREFORE, Plaintiffs respectfully request a status conference at the earliest practicable date and if possible between the afternoon of January 7 and the morning of January 10, 2013.”
Also occurring today are reports that Sen. Rand Paul will file class-action lawsuits in the next days regarding the NSA spy program. I invite Sen. Paul to join our ongoing class actions, as they have already proven to be successful in large part – given Judge Leon’s unconstitutionality ruling. The other plaintiffs and I are pleased that Paul also is fighting to slay the NSA express.
Our lawsuits have taken on even more significance and importance, since just Friday President Barack Obama’s main political hack, Director of National Security James Clapper, who perjured himself before Congress, and his enablers, flouted Judge Leon’s ruling that the NSA’s spy program is likely unconstitutional, and greased a new order from the kangaroo Foreign Surveillance Intelligence Court – which has rubber stamped NSA’s illegal spying in the past and did so in secret – to continue to violate the privacy rights of all Americans. This came on the same day, not coincidentally, that the Obama Justice Department appealed Judge Leon’s preliminary injunction. It is now clearer than ever that the battle lines have been drawn and that the American people are now fully engaged in revolution against their corrupt government.
The bottom line is this: I am pleased that the force of our legal actions with regard to the NSA and this huge violation of constitutional rights has finally caused many in the nation to take heed of the strength of our cases. For what is now occurring with this spy agency, and others like the CIA, cannot stand. We the people cannot allow a tyrannical government to run roughshod over our Fourth, First and Fifth Amendment constitutional rights. Our Founding Fathers risked their fortunes and lives to win freedom. We owe it to them to take whatever legal steps we must to preserve this freedom for ourselves, our loved ones, and the country as a whole.
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