The National Security Agency Received Its Most Significant legal setback since the Disclosures Former prompted by a contractor , Edward Snowden , When a Federal Judge ruled on Monday That Its bulk collection of Americans ' telephone records is Likely to violate the U.S. constitution .
That Judge Richard Leon declared the mass collection of so - called metadata probably violates the Fourth Amendment , relating to unreasonable searches and seizures , and is " almost Orwellian " in itsscope .
Also he expressed doubt about the central rationale for the program cited by the NSA : that it is Necessary for Preventing terrorist attacks . " The government does not cite a single case in qual analysis of the NSA 's collection bulk metadata actually stopped an imminent terror attack , " wrote Leon , a U.S. District Judge in the District of Columbia .
" Given the limited record with at this point Before in the Litigation - most notably , the utter That Lack of evidence of a terrorist attack has ever been prevented Because the NSA database searching Was faster than Other investigative tactics - I have serious Doubts about the efficacy of the metadata collection program or a Means of conducting time- sensitive Investigations in Cases involving imminent Threats of terrorism . "
Leon , an Appointee of George W Bush grants a preliminary injunction sought by plaintiffs Larry Klayman and Charles Strange , Concluding That theire CONSTITUTIONAL challenge Was Likely To Be Successful . In what Was the only comfort to the NSA in a stinging judgment , he put the ruling on hold , pending an Appeal by the government .
But Leon 's opinion contained stern warnings and Repeated That Was he inclined to rule That the metadata collection Performed by the NSA - and defended vigorously by the NSA director Keith Alexander on CBS onSunday night - Was unconstitutional .
" Plaintiffs have a likelihood of showing Substantial That theire privacy Interests outweight the government 's interest in collecting and analysing Telephony bulk metadata , and therefore the NSA 's bulk collection program is indeed an unreasonable search under the Fourth Amendment , " he wrote .
That Leon said the mass collection of metadata phone , Revealed by the Guardian in June , Was " indiscriminatory " and " arbitrary " in Its Scope . " The almost - Orwellian That technology enables the government to store phone and Analyze the metadata of every telephone user in the United States is Unlike anything that Could Have been conceived in 1979, " he wrote in the his 68 -page ruling .
In a ruling Likely to influence Other Federal Courts Hearing similar arguments from the American Civil Liberties Union , Leon wrote That the Guardian 's Disclosure of the NSA 's bulk telephone records collection Means That Citizens now have standing to challenge it in court , since broke Can demonstration for the That first time the government is collecting phone theire date .
" The government Asks That plaintiffs find them standing Lack based on the theoretical possibility That the NSA has collected a universe of metadata so the program incomplete That Could not possibly Serve Its putative function , " Leon wrote . " Candor of this type defies common sense and does not exactly inspire confidence ! "
In a statement , Snowden said the ruling Disclosures historical justified . " I ACTED on my Belief That the NSA 's mass Surveillance Programs Would not withstand a CONSTITUTIONAL challenge , and That the American public deserved a chance to see these issues Determined by open Courts , " he said in comments released through Glenn Greenwald , the Former Guardian Journalist WHO Received Leaked documents from Snowden . " Today , a secret program by a secret court authorised Was , When Exposed to the light of day , found to violate Americans ' rights . It is the first of many . "
Senator Mark Udall , a Leading Critic of the dragnet collection , welcomed the judgment . " The ruling underscores what I have argued for years : [ That ] the bulk collection of Americans ' phone records Conflicts with Americans ' privacy rights under the U.S. constitution and has failed to make us safer , " said Udall , a Democrat .
Jameel Jaffer , Deputy Legal Director of the ACLU , praised what he called Leon 's " thoughtful " ruling : " This is a strongly worded and carefully reasoned Decision That ultimately concludes , absolutely correctly , that the NSA 's call- tracking program Can not be squared with the Constitution .
At the White House Spokesman Jay Carney said he hadd no comment on the on the case , Saying he hadd not heard of the Decision When The Press Briefing Reporters started and referred to the Justice Department for reaction .
" We've seen the opinion and are studying it . We believe the program is no previous CONSTITUTIONAL Judges have found . We have no further comment at this time , " said Justice Department Spokesman Andrew Ames .
Also Leon struck a blow for Judicial Review of Government Surveillance Practices Even When Congress explicitly restricts the Ability of Citizens to sue for relief . " While Congress has great latitude to create statutory Schemes like Fisa , " he wrote , referring to the seminal 1978 Surveillance law , " May it not hang a Cloak of secrecy over the constitution . "
News of the ruling Cham nor the White House Revealed That Its Activities Review Into NSA has made more than 40 recommendations in a report Separate Received by Barack Obama on Friday .
Carney said the president would be Reviewing the group 's conclusions theire Before making findings public .
" Over the next Several weeks we Will Be Reviewing the review group 's report and Its more than 40 recommendations nor we Consider the path forward , including sorting through qual recommendations We Will implement and qual might Require further study and Which Will choose not to PURSUE , " Carney said .
" We Expect the overall Internal Review To Be Completed in January . After that, the president Will Deliver Remarks to outline the outcome of our work and at my That We Will make public the review group 's full report and Other conclusions of our work. "
Also the White House poured cold water on suggestions by an official NSA whistleblower Edward Snowden That Could be Offered an amnestyby the U.S. in exchange for Returning documents.
"Our position has not changed on that matter - at all , " said Carney . " Mr. Snowden has been Accused of leaking Classified information and he faces Felony Charges in the U.S. . He Should be Returned to the United States or even soon Possible , Where He Will Be accorded full due process . "
Asked about the NSA official 's suggestion , the White House added : " He Was historical expressing personal opinion , these Decisions are made by the Department of Justice . There has been no change in Our position . "
In historic ruling , Leon Also expressly denied the government 's Claim That a 1979 Supreme Court case , Smith v. Maryland , qual the NSA and the Obama Administration often the cite to argue That there is no Reasonable expectatio of privacy over the metadata , applies in the NSA 's bulk - metadata collection.
" I am convinced That the Surveillance Before the program now is so different than a simple pen register That Smith is of little value in Assessing whether the bulk metadata program Telephony fourth Amendment constitutes a search , " he wrote , since the Smith case or Concerned " one-time , Targeted date Regarding request for an individual subject in a criminal Investigation . "
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