"If you are someone that supports government unvetted domestic spying, and because we have nothing to fear unless we have done something wrong, and therefore nothing to hide – you are absolutely wrong and endangering everyone with your apathetic thought process. It may seem like human nature to feel that way, but we cannot give up our liberties for fear." -- Dean A. Beers, author and American Patriot
We can no longer fathom, or certainly accept, the constellation of criminal acts by this presidential administration and government. Several have slowly emerged over the years – beginning with the unvetted inexperience the current president brought to the table as a candidate in 2007. His campaign, along with John McCain’s, was going bankrupt in September 2007 – suddenly, in January they were both collecting record donations. Until that time, Hillary Clinton and Mitt Romney were the leaders of their respective parties. That was no longer true by the end of February, Obama and McCain began surging to the lead, never losing it again.
The first term as president was primarily pushing the grab for control of one of the largest economies – healthcare. This will be enforced by the Internal Revenue Service. In California the IRS seized, under a warrant for financial records, 60 million medical records – including judges and their clerks. The lawsuit against the IRS has gone essentially unnoticed. Lately, we have seen many other scandals emerge – some have existed and fully erupted late. From a ‘National Train Wreck’ to a ‘Tri-Fecta of Scandals’ – I have written about these, and others, on the Beers With Our Founding Fathers book blog at www.WeLoveOurUSA.com. I also write of The Domino Effect – the loss of all rights because so many do not believe the scandals and feel that the perception of personal security, or opinion of what it is, is more important than the protection of our rights as a whole.
Obama, "If people can't trust not only the executive branch, but also don't trust Congress and don't trust federal judges to make sure we're abiding by the Constitution and due process and rule of law, then we're gonna have some problems,".
To use his famous over-used words, let me be clear – we do have some problems, and he is the eye of the storm. I am opposed to accepting resignations at this stage – I want impeachment (see the blog for sending in your impeachment request to Speaker Boehner). The violations of our Bill of Rights has not gone unnoticed, but until recently has gone under-reported. Not by me, I reported the NSA cell phone records extraction before any major US news outlet, from the news outlet in England that first broke it. With the earlier scandals, particularly the IRS scandal, I firmly stated that this was only the tip of the iceberg and would be relatively insignificant to what other criminal activities we would see revealed. If you think, or believe, that the cell phone scandal is limited to Verizon, and is to collect data in the event of a criminal investigation, you are only fooling yourself. Yes, those records do disappear from the cell phone companies – they cannot keep billions of records indefinitely. That is not why the national security infrastructure is spying on citizens.
Since the break of the cell phone scandal – the National Security Agency, for the Federal Bureau of Investigation, has been collecting data daily for 100% of Verizon’s domestic customers – we have learned that the NSA is directly tied into the servers of nine major Internet Service Providers (ISPs). Everything a person searches, such as via Google or Yahoo, websites they visit and emails they send and receive, are collected by the NSA. These will be housed in a Utah facility, presently under construction, that will hold 60 zettabytes of data – that is 62 billion cell phones stacked one on the other, each with 32 gigabytes of memory, and will reach past the moon. This should have your sphincter bunched. But, some say that they have done nothing wrong and have nothing to hide. These people, who are apathetic to the destruction of our Constitution, are more dangerous than the government that is destroying our Constitution…because they are letting them.
Our Fifth Amendment provides that no person shall be required to give any statement or testimony, and is specifically protected from being required to give statements or testimony that may incriminate them. Some incorrectly conclude that this indicates guilt, should a person refuse to answer questions. Similarly, those persons feel that the capturing of electronic communications as a pre-emptive measure for future criminal investigation and prosecution is to only be feared by those who are guilty of criminal activity. Our president and government should be fearful, but we should not.
This assumption of fear only in the face of wrongdoing is not what our Constitution promises us as an unalienable birthright. The Fourth Amendment reads, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” I spend a chapter dissecting every amendment of our Bill of Rights, but let us look at the applicable components of this amendment and current activities.
- Secure in their persons, houses, papers, and effects;
- Against unreasonable searches and seizures SHALL NOT BE VIOLATED;
- No Warrants shall issue without probable cause.
‘Unreasonable’ – that is as important as all of the other words. Unreasonable means is best understood by defining ‘reasonable person’: A person who exercises average care, skill, and judgment in conduct. Would you consider the unvetted seizure of all electronic communications, of all persons in our Country, for the future possible purposes of investigation of a preservation of evidence for a crime that is neither anticipated or exists? I hope not.
In my lay, no law school, opinion – this does NOT describe a pre-emptive investigatory right of the government. It is a restriction of the government and protection of the individual – as is the whole of our Bill of Rights and is why all of them are important, not just personally selected rights. What basis could there be for probable cause BEFORE a crime has been committed? None – impossible. This, in my opinion, also applies to law enforcement collecting DNA upon arrest, and not upon the issuance of warrants for the search and seizure of the DNA. I would even go so far as to postulate that invoking the Fifth Amendment until retaining a lawyer should be done and is appropriate to prevent arrest DNA collection. That would be giving evidence that would incriminate you. But that’s my legal investigator opinion talking, so I digress back to my civic duty as a citizen.
If you are someone that supports government unvetted domestic spying, and because we have nothing to fear unless we have done something wrong, and therefore nothing to hide – you are absolutely wrong and endangering everyone with your apathetic thought process. It may seem like human nature to feel that way, but we cannot give up our liberties for fear. If you are uncertain about why this is so bad, let me give you two simple analogies – your home and your vehicle.
In order to solve crimes, it is necessary to collect data from local residents – because they throw their trash away every week, and may consequently, but unintentionally, throw away evidence of crimes that another family member may have unknowingly committed.
Every day a law enforcement officer stops by and downloads all of your phone logs, computer logs, emails, and faxes. You have no concerns of this intrusion because you have done nothing wrong, and are certain no one living in your home has. While they are at your home, they collect DNA and fingerprints from all of the residents, and also from specific items in the home – just in case they need to determine who has been in your home, for your protection.
In order to reduce, or prevent, traffic accidents and fatalities caused by intoxicated drivers, every vehicle is stopped at their driveway on a daily basis. It is important to stop and prevent these incidents before it is possible for them to be anticipated or occur.
The vehicle is checked for containers and indications of alcohol and other drug use. Papers and receipts are collected that may reflect travel to purchase alcohol and other drugs, including receipts for purchase. You might imbibe in the privacy of your home, but just in case you are involved in an incident – and it should be anticipated that you will be – this evidence is collected. While they are at your home, they collect DNA and fingerprints from all of the residents, and also from specific items in the home – just in case they need to determine who has been in your home, for your protection.
Before you express that this is impossible – and it logistically is impossible – simply replace the logistics of capturing electronic communications. Imagine your receipts are captured and stored, directly from the point of purchase. Imagine every purchase you make being reported to the government. Take the implementation of the new national healthcare and attempts at gun control. Every item you buy at the grocery store is captured, for your own personal well-being, by the government. Knowing that you are buying your medications and not buying unhealthy foods will be the government’s right because they (with taxpayer funds) will be paying for your healthcare. In the interest of preventing and reducing crime, you firearms and ammunition transactions are reported. I submit that this is coming – from stores and credit / debit card companies. As a legal investigator, I can tell you that privacy has long been dead – this adds new meaning.
I want bad guys, from criminals to terrorists, found and charged – and constitutionally convicted and punished. I want our Country and my family to be safe. However, I will not condone or accept that our civil liberties be compromised – or worse, as is presently – completely overrun for our protection. That is nonsense. When the Patriot Act was first proposed, I supported it – because it was based upon a warrant for the seizure of electronic communications in the course of an investigation – not as a pre-emption to an unknown incident or in anticipation of an investigation of the same. It was intended to be selective – not 100% of a company’s customers, and not every major provider of electronic communications. Not 100% of the time and not simply based on the preservation of evidence for a crime that is neither anticipated or exists.
The Department of Justice now reports there will now be an investigation, by the people violating your Constitutional rights, of the people that learned and informed you of your Constitutional rights being traitorously violated by the people that will now be investigating. Here is what you will find out: 1) that the information they collected in the course of this investigation was paramount in the arrests and convictions of those who reported the criminal activities of our government; and there will be key events that will be solved because of these unconstitutional programs of seizing electronic communications of US citizens that were otherwise without the probable cause circumstances of an investigation or criminal act.
Let me be clear – if you want to live in a country with none of the protections afforded by our Constitution, and / or that promises the utopia of socialism, please do two things: 1) leave well enough alone; and 2) leave this Country for that special place that exists elsewhere.
If you love this Country and the ideals on which it was founded, fought for, as a beacon of independence and freedom, and the Constitution – please stand firm, stand strong and stand proud.
Remember what Obama said, "If people can't trust not only the executive branch, but also don't trust Congress and don't trust federal judges to make sure we're abiding by the Constitution and due process and rule of law, then we're gonna have some problems,". Yes, we have problems. Notice he said "If people can't trust…” – it is our civic duty to question – to NOT trust. How dare he patronize us by stating that trust is an absolute. Trust is an unknown commodity, much like the eye of a storm and our president.
If you want to stop this train wreck - start with this book blog and then order the book!
Thank you and may you make the decision in the interests of the security of our Country and We the People.
Dean A. Beers
American Citizen and American Patriot