partlycloudy
Saturday July 4th, 2015 3:04AM

US spy court: NSA can keep collecting phone records

By The Associated Press
WASHINGTON (AP) -- A secretive U.S. spy court has ruled again that the National Security Agency can keep collecting every American's telephone records every day, in the midst of dueling decisions in two other federal courts about whether the surveillance program is constitutional.

The Foreign Intelligence Surveillance Court on Friday renewed the NSA phone collection program, said Shawn Turner, a spokesman for the Office of the Director of National Intelligence. Such periodic requests are somewhat formulaic but required since the program started in 2006.

The latest approval was the first since two conflicting court decisions about whether the program is lawful and since a presidential advisory panel recommended that the NSA no longer be allowed to collect and store the phone records and search them without obtaining separate court approval for each search.

In a statement, Turner said that 15 judges on the U.S. Foreign Intelligence Surveillance Court on 36 occasions over the past seven years have approved the NSA's collection of U.S. phone records as lawful.

Also Friday, government lawyers turned to U.S. Court of Appeals for the District of Columbia Circuit to block one federal judge's decision that threatens the NSA phone records program.

The opposing lawyer who spearheaded the effort that led to the ruling said he hopes to take the issue directly to the Supreme Court.

The Justice Department filed a one-page notice of appeal asking the appeals court to overturn U.S. District Judge Richard Leon's ruling last month that the program was likely unconstitutional. The government's move had been expected.

Larry Klayman, who filed the class-action suit against President Barack Obama and top administration national security officials, said he intends to petition the federal appeals court next week to send the case directly to the Supreme Court. Klayman said the move was justified because the NSA case was a matter of great public importance.

"There are exigent circumstances here," Klayman said. "We can't allow this situation to continue. The NSA's continuing to spy on everybody."

Turner said U.S. intelligence agencies would be willing to modify the phone records surveillance program to provide additional privacy and civil liberties protections as long as it was still operationally beneficial. He said the Obama administration was carefully evaluating the advisory panel's recent recommendations.

Judges sitting on the secretive spy court have repeatedly approved the program for 90-day periods. They also have repeatedly upheld the constitutionality of the program - a judicial bulwark that held strong until Leon's surprise decision last month.

Leon said the NSA's program was "almost Orwellian," a reference to writer George Orwell's futuristic novel "1984," and that there was little evidence the operation had prevented terrorist attacks. He ruled against the government but agreed to postpone shutting down the program until the government could appeal.

In a separate case involving the same NSA phone records program, a district judge in New York last month upheld the government's data collection as lawful. The American Civil Liberties Union, which lost that case, said this week it will appeal to a federal appeals court in New York.
© Copyright 2015 AccessWDUN.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Judge denies motions to move, delay Tsarnaev trial
Lawyers for Boston Marathon bombing suspect Dzhokhar Tsarnaev asked a federal appeals court Wednesday to overturn a judge's decision to not move his upcoming trial out of state.
10:02PM ( 6 months ago )
High court to adopt electronic filing of cases
The Supreme Court is belatedly developing an electronic filing system similar to those used in courts around the country, Chief Justice John Roberts said Wednesday in his annual end-of-year report.
7:57PM ( 6 months ago )
Storm brings snow, cold to West for New Year's
A blustery winter storm dumped snow and ice across the West on Wednesday, making driving treacherous in the mountains from California to the Rockies and forcing residents and party-goers in some usually sun-soaked cities to bundle up for a frosty New Year's.
5:19PM ( 6 months ago )
U.S. News
State DOT awards $48M contract for NE Ga. road project
The state Department of Transportation has awarded a $47.8 million contract for nine miles of work on a northeast Georgia road.
9:37AM ( 6 months ago )
Business News
Grass fire impacts rush hour traffic on 985
Rush hour traffic on I-985 was slowed by a grass fire Wednesay afternoon with one lane closed while firefighters fought the blaze.
10:19PM ( 6 months ago )
Hall County conviction, sentencing to be reviewed by SCOGA
The State Supreme Court has agreed to hear the appeal of a Hall County man when they reconvene in January.
2:37PM ( 6 months ago )
Maysville man dies from Banks County wreck
The Georgia State Patrol reports that alcohol and/or drugs were factors a single-vehicle wreck that claimed the life of a Maysville man in Banks County Tuesday night.
11:07AM ( 6 months ago )
Local/State News
GOP leader regrets talk to white supremacists; party leaders rally around him
House Republican leaders rallied around one of their own, Whip Steve Scalise, on Tuesday after he said he regrets speaking 12 years ago to a white supremacist organization and condemns the views of such groups.
6:08PM ( 6 months ago )
Conviction of Putin foe sets off protest in Moscow
President Vladimir Putin's chief political foe was convicted along with his brother on Tuesday in a fraud case widely seen as a vendetta by the Kremlin, triggering one of Russia's boldest anti-government demonstrations in years.
6:03PM ( 6 months ago )
More Georgians signing up for health insurance
A federal report says more Georgians have selected health insurance plans through a federally facilitated marketplace.
4:16PM ( 6 months ago )
Politics
Federal report: Polar bears in peril due to global warming
ANCHORAGE, Alaska (AP) — Polar bears are at risk of dying off if humans don't reverse the trend of global warming, a blunt U.S. government report filed Thursday said."The single most important step fo...
8:25PM ( 1 day ago )
The Latest on train derailment: 5,000 evacuated in Tennessee
MARYVILLE, Tenn. (AP) — 6 p.m.An official in eastern Tennessee says smoke has stopped rising from the site where a CSX train car derailed and caught fire, forcing the evacuation of thousands of reside...
6:05PM ( 1 day ago )
Obama draws sharp contrasts with 'mean' Republicans
LA CROSSE, Wis. (AP) — Wading into presidential politics, President Barack Obama on Thursday promoted his brand of middle-class economics by drawing sharp contrasts with "mean" Republicans in a state...
5:36PM ( 1 day ago )
Jim Webb, Iraq war critic in Senate, running for president
WASHINGTON (AP) — Jim Webb, a decorated Vietnam veteran and accomplished novelist who became a fierce critic of the Iraq war in the Senate, announced Thursday that he's challenging Hillary Rodham Clin...
5:08PM ( 1 day ago )
Top Republican doubts Senate will confirm ambassador to Cuba
WASHINGTON (AP) — Senate Majority Leader Mitch McConnell said Thursday that his chamber is unlikely to approve an American ambassador to Cuba, dishing out a quick rebuff to President Barack Obama and...
4:28PM ( 1 day ago )