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Tag: unconstitutional

Barr Directs Prosecutors to Take Legal Actions Against ‘Overbearing’ Restrictions Amid Coronavirus Outbreak

Attorney General William Barr

By Steve Neavling

ticklethewire.com

Attorney General William Barr is directing federal prosecutors “to be on the lookout” for state and local stay-at-home orders that may be too restrictive.

“These kinds of restrictions have been necessary in order to stop the spread of a deadly disease — but there is no denying that they have imposed tremendous burdens on the daily lives of all Americans,” Barr said in a memo titled, “Blanacing Public Safety with the Preservation of Civil Rights,” issued Monday. “If a state or local ordinance crosses the line from an appropriate exercise of authority to stop the spread of COVID-19 into an overbearing infringement of constitutional and statutory protections, the Department of Justice may have an obligation to address that overreach in federal court.”

In the memo, acknowledged that restrictions may be necesssary to curb the spread of the coronavirus, “but there is no denying that they have imposed tremendous burdens on the daily lives of all Americans.”

At his daily news conference, Trump defended Barr’s actions.

“He wants to see people get back to work,” Trump said. “He does not want people to be held up when there is no reason for doing it.”

Read the full memo here.

NSA’s Policy of Collecting Phone Records in U.S. Likely Unconstitutional, Judge Rules

Steve Neavling
ticklethewire.com

The National Security Agency is likely violating the Constitution by gathering the dialing records of all phone calls in the U.S., the Los Angeles Times reports.

The ruling by U.S. District Judge Richard J. Leon delivered a significant blow to the NSA and lays the groundwork for a Supreme Court battle.

Leon’s ruling doesn’t go into effect immediately because he stayed the action pending an appeal by the federal government, the Times wrote.

“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 purposes of querying and analyzing it without prior judicial approval,” wrote the judge, who was appointed to the federal district court by President George W. Bush.

Privacy Rights Group Sues Federal Government Over NSA Surveillance Program

Steve Neavling
ticklethewire.com

A privacy rights group is suing the Obama administration over its NSA surveillance program, the USA Today reports.

The Electronic Privacy Center has taken the case to the Supreme Court to argue the program is unconstitutional.

In its petition to the court, the group said the Foreign Intelligence Surveillance Court ‘exceeded its statutory jurisdiction when it ordered production of millions of domestic telephone records that cannot plausibly be relevant to an authorized investigation.”

The Obama administration already is catching staunch criticism for its widespread surveillance of phone and email records.

The NSA leaker, Edward Snowden, is believed to still be in a Moscow airport in legal limbo.

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