More than a few years ago, the term “phone-mining” probably meant nothing to anyone. Nowadays, it has become one of the most controversial topics all over the United States, including our federal courts. A recent ruling states that the acquisition of data through mobile phones, including cell phone numbers and and timestamps, is unconstitutional. The case itself, Klayman v. Obama (13-cv-881), was heard in Washington D.C. under Judge Richard Leon. This private collection of data was leaked by former NSA contractor and controversial figure Edward Snowden, who is currently living in Russia under temporary asylum. Read more
A formerly undisclosed Justice Department memo was leaked to NBC News. This document, titled Lawfulness of a Lethal Operation Directed Against a U.S. Citizen who is a Senior Operational Leader of Al Qa’ida or An Associated Force, outlines the Obama Administration’s legal basis for the targeted assassination of American citizens. The memo was leaked just before John Brennan goes before the Senate for his confirmation hearings as the new CIA Director.
The public’s reaction to the Newtown, Connecticut shooting has emboldened politicians on both sides to act. At the federal level, the House and the Senate are slow and divided. President Obama is seizing on this opportunity to act by executive fiat in the form of the Executive Order. What is an Executive Order and is President Obama permitted to use this power to alter the Second Amendment?
Federal Judge Katherine recently put in place a permanent injunction to block the Obama Administration from implementing the indefinite detention portions of the 2011 National Defense Authorization Act. President Obama has appealed this decision. In this law, American citizens’ right of due process and trial by jury have been severely weakened if not destroyed. Any citizen considered an ‘associated force’ to terrorism may be held indefinitely. This ambiguous language has left many to question what specifically an ‘associated force’ means.