
A New Year's Wish
“Terrorism” might well be the word one encounters most in the international media. The reaction to recent incidents has been hysterical coupled with demands for an apocalyptic violent response. At this point with the old year ending and the new one about to begin, it would perhaps be fruitful to examine both the reality of...
Read MoreIn an effort to draw attention away from the intelligence failures that permitted the attacks of 9/11 and create the impression that it was doing something -- anything -- to avoid a repeat, the federal government tampered seriously with freedoms expressly guaranteed in the Constitution. Its principal target was the right to privacy, which is...
Read MoreIn their continuous efforts to create the impression that the government is doing something to keep Americans safe, politicians in Washington have misled and lied to the public. They have violated their oaths to uphold the Constitution. They have created a false sense of security. And they have dispatched and re-dispatched 60,000 federal agents to...
Read MoreThe Patriot Act has a bad pedigree and an evil history. In the fearful days immediately following 9/11, the Department of Justice quickly sent draft legislation to Congress that, if enacted, would have permitted federal agents to violate their oaths to uphold the Constitution by writing their own search warrants. The draft subsequently was revealed...
Read MoreIf you plan to visit a college campus this month, don’t be surprised if you see signs and placards encouraging you to “Restore the Fourth.” Restore the Fourth is not about an athletic event or a holiday; it is about human freedom. The reference to “the Fourth” is to the Fourth Amendment, and it is...
Read MoreApologists for the National Security Agency (NSA) point to the arrest of David Coleman Headley as an example of how warrantless mass surveillance is necessary to catch terrorists. Headley played a major role in the 2008 Mumbai terrorist attack that killed 166 people. While few would argue that bringing someone like Headley to justice is...
Read MoreEarlier this week, FBI Director James Comey gave an interview to "60 Minutes" during which he revealed a flawed understanding of personal freedom. He rightly distinguished what FBI agents do in their investigations of federal crimes from what the NSA does in its intelligence gathering, when the two federal agencies are looking for non-public data....
Read MoreCongress’s decline from the Founders’ vision as “first among equals” in government to an echo chamber of the unitary executive, has been a slow but steady process. In the process we have seen a steady stream of unconstitutional wars and civil liberties abuses at home. Nowhere is this decline more evident than in the stark...
Read MoreWarrants and Searches Without Judges
The Senate Intelligence Committee is working behind closed doors to expand the powers of the Patriot Act and deliver another withering blow to the 4th amendment. This time the constitutional broadside comes in the form of "administrative subpoenas"; an Orwellian expression which indicates that law enforcement agencies, like the FBI, will be able to circumvent...
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