Archive for June, 2018

The Supreme Court Decision on Cell Phone Tracking

Posted in Carpenter vs the United States, FISA courts, Inalienable Rights, Liberty, Right to Privacy, United States Supreme Court with tags , , , , , on June 30, 2018 by authorcarloscardoso

cell phone tower

The recent decision in Carpenter vs the United States by a 5-4 margin was a slim victory for privacy and liberty and by more than just the vote. The majority opinion written by Chief Justice Roberts was grounded in common sense but very limited in scope. He wrote that cell phones were virtually an indispensable way of life and some people are required by their occupation to carry them 24/7 and he’s right. He also noted that 5 years of historical data held by a third party couldn’t be gathered without a warrant because it had to meet the expectation of probable cause needed to search a person’s movement over that length of time without infringing on our reasonable expectation to privacy.
There were three dissenting opinions written in response with Justice Gorsuch writing his own opinion alone without concurrence. This is even more interesting in that Gorsuch wrote that had Carpenter argued that the cell-site location information records were his property he would have concurred with the majority. This simple distinction was pivotal in the decision-making process of all nine Supreme Court Justices. The key word here was property in the dissents written by Justice Kennedy with Justices Thomas and Alito as well as the other written by Justice Alito with Justice Thomas all hinged on the concept of ownership of the cell-site location information the expectation to privacy in the dissenting opinions were lost due to the issue that ownership of those records were held by the carriers of which AT&T was the largest.
Americans have by the nature of the internet and wi-fi essentially given away our reasonable right to privacy in order to avail ourselves of the convenience these innovations have brought to the world. This is something that we as consumers must rally around. We must demand that any information shared with a provider of any service such as these we consent only to being used to our benefit if we choose but any tracking of our movements is an infringement on our right to privacy and our thoughts and conversations are by right intellectual property and should be protected as such.
Therefore, we as Americans must demand that our use of modern conveniences and as stated before in some cases not always by choice cannot and will not be used to track anyone without their consent or without a warrant in a court of law where both sides have an advocate. This would nullify the FISA courts which are unconstitutional since it is ex parte, there is a prosecutor without a defense lawyer or even an impartial advocate. It is a one-sided presentation which has been shown can be manipulated through the willful avoiding of disculpatory evidence by the prosecutor.
The American people must insist that this tracking of our movements is by its very nature our individual property. Law enforcement agencies do not have the right to track any citizen for any reason without a warrant which was the focus of this case. Therefore this decision pointed out a fatal flaw for anyone with a cell phone, the wireless and wi-fi providers track our every movement with a date and time stamp and save it for 5 years. The time is unreasonably long and records of our movement are by nature our reasonable expectation of individual privacy and rightful property.
We need to have privacy agreements for cell phone, tablets, computer, websites, apps and wi-fi companies to clearly state that the records of our movements remain our individual property as we consent to the use of their cell towers to use their products and services. The time of record retention is arbitrary and too long. I believe that there is no reason for those records to be maintained in the manner that they are for any length of time. The mere carrying of some devices crucial to Americans does not mean I or you willfully surrender our rights to the expectation of privacy and allow our movements to be monitored and owned by anyone but the individual.
This decision did not place any limitation on government agencies nor does it involve them in the solution. I don’t seek government legislation, regulation or adjudication to solve this dilemma. We the American people who pay for our internet, cell phones and other electronic devices must demand from our government and the providers that our individual rights are not for sale and non-negotiable. The tracking, monitoring and all other intrusions on our inalienable right to privacy are intolerable and must end now. This case shows how tenuous our liberties are to a government that we clearly currently don’t own.

Here is the link to the decision of Carpenter vs the United States with the majority and dissenting opinions.

https://www.supremecourt.gov/opinions/17pdf/16-402_h315.pdf

Inspector General Horowitz’s Report

Posted in DOJ, FBI, Federal Government, FISA courts, Inalienable Rights, Liberty, Obstruction of Justice, Russian Collusion with tags , , , , , , on June 19, 2018 by authorcarloscardoso

horowitz

The release of Inspector General Horowitz’s report on the actions taken at the highest levels of the Department of Justice, the FBI and even involving Presidents Clinton and Obama reveals the sheer magnitude of the problem. The fact that the 568 pages reveal an undeniable trend of bias and corruption with a minimum of five FBI agents being investigated currently should raise concerns among all Americans. We expect our government to respect our inalienable rights to life, liberty and the pursuit of happiness not to continue to interfere with and obstruct the people’s business. This investigation recounts how the FBI and DOJ working through the FISA court for the first time in American history spied on the campaign of the opposition presidential nominee.
The report is ironic in its airing of the facts and coming to a conclusion that there is nothing really to it. It shows the administration in collusion with the FBI and the DOJ planning to undermine and overthrow by whatever means necessary President Trump. The report opens the door to an end to the Mueller investigation when it calls FBI Director Comey insubordinate and deserving of dismissal since that is what directly led to the Special Counsel being appointed. This justifies the President firing the FBI Director dismissing obstruction of justice since his termination was warranted by his own misdeeds.
It also opens the door to Comey being investigated for his role in the handling of the Trump memos. The leaking of which Comey admits not only facilitating but initiating in order to spur the appointment of the Special Counsel. This speaks to criminal acts being perpetrated by Comey with the motive of continuing the effort to undermine the administration from completing its agenda. This is nothing short of aa attempted coup reversing the will of the people who by right voted for the head of the executive branch of the government, the president.
This sounds like treason but worse yet is the American people have watched this trampling of the liberties of the president and his associates and see it only through a political prism. The majority of Americans either defend or feel angered by the abuse of power by the FBI and the Department of Justice. How can we watch these illegal activities and not realize that if we allow it to happen to anybody then it can and could be happening to some of us? Especially if this can be done to the President of the United States then what can they do to us? Ask the family of LaVoy Finicum, he lost his life, murdered by FBI agents and yet justice is nowhere to be found.
We must see this for what it is an attack upon the very liberty of the American people. We are watching an alarmingly growing police state prey upon Americans with an unforeseen arrogance. They are clearly demonstrating that the wheels of power are not directed by the rightful will of the American people but someone or something else. This should be a clarion call to all liberty loving patriots that our own government is not actually our own unless we fight to reclaim it.
The federal government has grown too large and must be cut down to size. There are far too many bureaucrats eating away at our liberty and actively working to destroy our way of life. The unbridled growth of our national debt is a testament to the establishment politically powerful selling out the American people for their own gain. They must be stopped and held accountable for their crimes.
Let it truly be said that no one is above the law. That we the people rallied together, put aside our differences and realized that this is not a game, a TV show or a movie. This is an attack on our collective individual liberty and we as a people must clearly say with one voice that this will not stand. Those that we see in our federal government along with those in the shadows doing the bidding of the would-be tyrants must be held to pay for their crimes against the people of America and indeed all of Humanity.
The Horowitz report clearly states the problems at the highest level of our federal government in collusion with our law enforcement and intelligence agencies. It completely not only delegitimizes James Comey but Robert Mueller and many high-ranking officials at the DOJ and the FBI. It shows that both the Clinton email investigation and the Russian collusion investigations were not only mishandled but clearly driven by a political agenda; extinguishing the flame of liberty in favor of tyranny. Yet ironically Horowitz acts as Comey did and concludes there was no evidence of political bias.
Let the American people read the report and come to our own conclusions after all we are the true masters of this land and woe be to anyone who dares to try and strip us of our liberty and our rights. We must see this clearly through the perspective of preserving our liberties for ourselves and our posterity. If we fail to do so then all who have fought and died for our liberties since our very founding would have died in vain. With faith in Divine Providence we must act with courage and rid our land of the evil of tyranny and let liberty and freedom flourish again. It is this generation’s destiny to restore our land and our government to the rightful rulers, us!