U.S. intelligence agencies have “harvested” the personal and private data of “hundreds of federal officials and judges, including Chief Justice John Roberts and Justice Ruth Bader Ginsberg,” charges a legal brief filed by Larry Klayman, the attorney who has come to be known as “the NSA slayer” for his successful legal battles against the National Security Agency.
Klayman, founder of FreedomWatch, successfully sued the National Security Agency in 2013 over the collection of telephone metadata from Verizon customers that was detailed in documents released by intelligence-document leaker Edward Snowden. In December 2013, U.S. District Judge Richard Leon ruled the NSA program likely is unconstitutional and ordered the government to stop collecting data on the two plaintiffs. He stayed his injunction pending appeal, however, “in light of the significant national security interests at stake in this case and the novelty of the constitutional issues.”
Wednesday, Klayman filed a reply in support of motion to lift that stay, arguing that in the 16 months since it was imposed, “the federal government has continued its unconstitutional practices and violated the rights of hundreds of millions of Americans.”
He continued: “The U.S. Court of Appeals for the District of Columbia Circuit (‘D.C. Circuit’) has not acted fast enough to protect the rights of all these Americans and unconstitutional actions by the U.S. Government are still continuing without redress. Plaintiffs in this case sought and received a preliminary injunction, which by design is intended to put an immediate stop to any unconstitutional activity. However, this injunction proves ineffective as long as this injunction is stayed pending appeal. The longer the D.C. Circuit delays in issuing its opinion, the longer Plaintiffs’ and all Americans’ constitutional rights are being violated.”
As he did a month ago, Klayman asked the court to question a witness in secret.
The witness, Dennis Montgomery, can testify “about the unconstitutional and illegal surveillance conducted by the National Security Agency and the Central Intelligence Agency that is highly relevant and of crucial important … as he worked closely with these agencies following the tragedy of Sept. 11, 2001,” said Klayman.
Montgomery’s poor health adds to the urgency that his testimony be taken now, Klayman has said
In Wednesday’s filing, Klayman revealed Montgomery would provide evidence intelligence agencies have even spied on and collected private and personal information on Supreme Court Justices John Roberts and Ruth Bader Ginsberg.
It’s not the first time Klayman has hinted at spying on members of the Supreme Court, but this is the first time he has disclosed his witness as the source.
WND reported Klayman, appearing on the Aaron Klein radio show on May 18, 2014, suggested Roberts may have been blackmailed to approve Obamacare after being spied on by the NSA and CIA.
“Let’s take this possibility: Why did Chief Justice Roberts at the eleventh hour change his decision? He was going to side with the other justices and find that Obamacare was unconstitutional. Is it something that was dug up on him by the NSA or the CIA? Was that used against him to blackmail him?” Klayman asked.
“These are the kinds of things [the government is doing], and that’s why it’s so scary what’s going on with the NSA and the CIA. It can happen in a democracy. So that may help explain it, and perhaps we can reach these issues through the NSA cases that we brought, the NSA/CIA cases. I intend to get the truth on this.”
But Judge Leon’s 2013 stay is preventing Klayman from getting to the truth, and he’s asking the court to remove that obstacle now.
“It is therefore crucial for this Court to lift the stay so that the parties can begin discovery and determine the full extent of Defendants’ constitutional violations, as well as to put a stop to this ‘almost Orwellian’ tyranny, he said in Wednesday’s filing.
“This Court, which is also courageous and which has protected the constitutional rights of Plaintiffs and all Americans, must respectfully also take a strong stand, particularly given the huge delay, caused in large part by the obstructionist tactics of the Obama Justice Department, which has prevented the D.C. Circuit from timely reaching the merits of the administration’s appeal of this Court’s preliminary injunction order of December 16, 2013. If the judicial system does not stand in the breach to protect the rights of Americans, then the citizenry is left defenseless and revolution, as occurred in 1776, is at hand. Plaintiffs do not advocate this, but revolution is inevitable if our judges do not timely enforce the Constitution. By lifting the stay now, the Obama Justice Department will have to move for a stay before the D.C. Circuit. If nothing else, at least this will cause the D.C. Circuit to now reach the merits of Your Honor’s preliminary injunction.”