A federal judge in New York has ruled that a massive federal phone-tracking program is legal.
U.S. District Judge William Pauley issued the decision Friday. He says the program “represents the government’s counter-punch” to eliminate al-Qaida’s terror network by connecting fragmented and fleeting communications.
In ruling, the judge noted the Sept. 11 terrorist attacks and how the phone data-collection system could have helped investigators connect the dots before the attacks occurred.
He says the government learned from its mistake and “adapted to confront a new enemy: a terror network capable of orchestrating attacks across the world.” He said the data-collection program was part of the adjustment.
He dismissed a lawsuit brought by the American Civil Liberties Union. The ACLU did not immediately respond to a message for comment.
(AP)
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But how was the ACLU injured? The general rule is that the penalty for an illegal search is that the prosecution can’t use the evidence in a criminal proceeding.
Would the result have been different in someone was being prosecuted for a crime not involved with terrorism based on NSA data? Would the result have been different if the plaintiff was a less than honest diamond merchant being charged with tax evasion based on NSA data? Would the result have been different in the NSA data revealed a politician was doing some they shouldn’t have been doing and the NSA leaked the data to the New York Post (e.g. a photograph from “Carlos Danger”).