Update: FISA Amendments Act Case

Today, we filed another brief (and our last at this stage of the game) in our case challenging the FISA Amendments Act of 2008 (FAA). It lays out our arguments for why the law violates the Constitution. It also explains why our plaintiffs, attorneys, journalists and human rights organizations are harmed by the law and have standing to challenge it.

The case was originally filed back in July - less than 24 hours after the FAA was singed into law - and challenges the constitutionality of the surveillance law that grants the government's unprecedented power to conduct warrantless, suspicion-less dragnet monitoring of Americans' international communications with the help of U.S. telecomm companies. The law not only essentially legalized the secret warrantless spying program the president approved in late 2001, it gave the government expanded spying powers, including the power to conduct dragnet surveillance of Americans' international communications without ever telling a court who it intends to spy on, what phone lines and email addresses it intends to monitor, where its surveillance targets are located, why it's conducting the surveillance or whether it suspects any party to the communication of wrongdoing.

In the brief filed today, we argue that the government needs a warrant before it can monitor the content of our communications and that the FAA is unreasonable. We also argue that our plaintiffs have good reason to believe that the government is using the FAA to monitor their communications. In fact, the FAA has already compelled them to take costly and burdensome measures to protect the confidentiality of their telephone and email communications; caused them to forego some communications that are especially sensitive; and discouraged sources from giving them information that is relevant and necessary to their work.

The government should not be allowed to collect thousands or millions of Americans' communications without any of the Fourth Amendment's traditional requirements or safeguards (like prior judicial approval, suspicion, limits on what they can collect). It violates Americans' rights to free speech and privacy. And the FAA is just one of the many troubling surveillance practices we've seen since 9/11. (See our Surveillance Society fact sheet to learn more.)

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Isidoro Rodrigu...

OPEN LETTER TO MEMBERS OF THE U.S. SENATE

RE: OPPOSITION TO SENATE CONFIRMATION OF ERIC HOLDER AS ATTORNEY GENERAL OF DOJ BASED ON THE EVIDENCE OF HIS CRIMINAL OBSTRUCT-ION OF THE UNDERSIGN’S FEDERAL STATUTORY RIGHTS AS A FATHER AND ATTORNEY IN VIOLATION OF 18 U.S.C. §§ 241, 242, 1202, AND 1513.

Greetings:

I write as a US. citizen, as a Nam Vet who swore 44 years ago to defend the Constitution, as a former appointee in both the Carter and Reagan Administration, as a independent federal civil/human rights litigation attorney who for more than 32 years has successfully represented Hispanics against the malfeasance of DOJ,1 and a supporter of President-elect Obama, because irrespective of being a Republican, Democrat, or Independent the Senate must immediately act to restore the Rule of Law in the U.S. Department of Justice (See Adam Cohen, “Democratic Pressure on Obama to Restore the Rule of Law,” The New York Times, November 14, 2008).

For this reason I oppose the confirmation of Eric Holder as Attorney General because he is a defendant in a pending action under 18 U.S.C. § 3771 and civil RICO action to be filed in the U.S. District Court for D.C., based on the following evidence in the record that establishes that as a Beltway attorney/lobbyist he is the linchpin in a criminal conspiracy since 2003:

First, for five years after my Son was shanghaied to the Republic of Colombia in violation of 18 U.S.C. § 1204, he did obstruct my Federal and Virginia statutory rights as a Father to compel DOJ to secure my right to international visitations with my U.S. citizen Son, pursuant to the provisions of the Hague Convention on Missing and Abducted Children (“Treaty”), and Uniform Child Custody Jurisdiction and Enforcement Act VA Code § 20-124.1 et seq. (“UCCJEA”); and,

Second, in retaliation for my litigating to enforce my rights under Treaty and UCCJEA and petitioning Congress (See http://www.liamsdad.org/others/isidoro.shtml), in violation of 18 U.S.C. §§ 241, 242, and 1513, he conspired to punish, stigmatize, and deprive me of my right to employment as an attorney.2

Thus, my opposition to Eric Holder is a continuation of my petitions of 2005 to the Senate and House Judiciary Committees: (a) for an investigation of the collusion of the Federal Courts and DOJ by abuse of the Judicial Conference Act and the Rules Enabling Act to usurp the authority of Congress, the Constitutional mandates of checks and balances, as well as separation of power, and to deprive citizens of substantive rights; and, (b) my petition opposing the confirmation of Chief Justice John G. Roberts for his false statement to Congress aiding and abetting the obstruction of my right to compel DOJ to enforce my rights as a Father under the Treaty and UCCJEA (See http://www.home.earthlink.net/~isidoror/id6.html).

Consequently based on the above evidence of malfeasance the Senate must take the opportunity during the confirmation proceedings of not only Eric Holder, bu of all appointments to DOJ to hold hearings on past violations of the Rule of Law and Congressional mandates. For example, the Senate must inquire into the abuse of the Rules Enabling Act to use both summary judgement and Feldman abstention doctrine which has permitted State Court to deprive citizens of due process and parental rights under the Treaty, the surreal holdings of absolute Judicial and Executive Branch immunity for liability from suit for criminal and tortious acts which injure Fathers rights, the denial of RICO civil jury trial on claims of judicial and ministerial malfeasance, and the policy of denying access to an impartial court and the protection to victim of malfeasance pursuant to 18 U.S.C. § 3771, through secrete proceedings with DOJ by abuse of the Judicial Conference Act.3

This is because the lessons from history have shown that,

Once certain checks and balances are destroyed, and once certain institutions have been intimidated, the pressure that can turn an open society into a closed one-turn into direct assaults; at that point events tend to occur very rapidly, and a point comes at which there is no easy turning back to the way it used to be. Naomi Wolf, The End of America: Letter of Warning To A Young Patriot, p. 14, Chelsea Green Publishing, Vermont, 2007.4

Therefore, at this critical time for our Republic the Senate must restore the Rule of Law, as well as the integrity and public confidence in DOJ by assuring compliance with the words inscribed on the Robert F. Kennedy Justice Department Building: “No Free Government Can Survive That Is Not Based on The Supremacy of Law. Where Law ends, Tyranny Begins, Law Alone Can Give Us Freedom.”

For the foregoing reasons, I respectfully request that I have your support to be given an opportunity to testify and present evidence in opposition at the Senate confirmation hearing of Eric Holder.

Very truly yours,

Isidoro Rodriguez, Esq.

1After I argued and won Martinez v. Lamagno and DOJ/DEA, 515 U.S. 417 (1995), the Legal Times confirmed that I was the only known U.S. license practitioner residing outside of the U.S. and litigating in Federal Courts on behalf of resident and nonresident Hispanics, see also Lopez v. First Union, 129 F3.rd. 1186 (11th Cir. 1997)(Litigation that successfully stopped the unlawful seizing by DOJ of all nonresident Hispanic bank accounts in the U.S.)[Web: http://justiciaportodo.webs.com]

2In retaliation for filing Rodriguez et al., v. National center for Missing and exploited Children et al., Civil Action No. 030120, 2005 WL 736526 (D.C. Cir. March 31, 2005), to compel DOJ to secure visitation rights under the Treaty and UCCJEA, Eric Holder filed fraudulent bar complaints in 2003 with the Virginia State Bar Disciplinary Board (“VSBDB”). But, the VSBDB issued a void orders as a kangaroo court since the General Assembly granted the power to revoke an attorneys license only to courts-of-record and judges. [See 2007 Petition for Impeachment of Va. Supreme Court, et al., http://www.petitiononline.com/RDL/petition.html; see also http://best-lawyer.tistory.com/entry/Isidoro-Rodriguez-Civil-Rights-Lawy....

3The evidence confirms that in retaliation the Federal Courts have: (I) refused to empanel a Special Grand Jury and denied me access to an impartial court to compel DOJ to protect me as a victim of federal crimes as mandated by 18 U.S.C. § 3771(a), In re Isidoro Rodriguez US S Ct. No. 08-339, Writ denied on November 17, 2008 (Petitioner’s Exhibit 3); (II) deprived me of my right to a jury trial in the D. C. under RICO-based on the holding of absolute Judicial and Executive immunity from tortious and criminal liability-and declared lack of venue to maintain a RICO action in D.C., Isidoro Rodriguez, Esq. v. Editor in Chief, Legal Times, et al., US S Ct. No. 08-411, Cert. denied December 1, 2008; and, (III) denied me of procedural and substantive due process right by refusing to enjoin the illegal attorney disciplinary system of the Supreme Court of Virginia, Isidoro Rodriguez v. Hon. Leroy Rountree Hassell, Sr. Chief Justice, Sup. Ct. of VA, et al., US S Ct. No. 08-574, Cert. denied on December 8, 2008.

3The dangers to our Republic and citizens by collusion of DOJ with the Federal Courts are real. ". . . the Courts in our judicial system have, in fact, become the lawmakers, when it is very clear . . . that our Constitution delegated that responsibility to the Congress of the United States and the State Legislatures . . . the legal profession has truly changed from being one of the premier professions in our society to a business where the number one objective or bottom line is financial profit . . . " Dennis DeConcini, U.S. Senator (Ret). The Fraternity: Lawyers and Judges in Collusion, by John Fitzgerald Molloy. St. Paul, Minn.: Paragon House.

THE LAW OFFICES OF ISIDORO RODRIGUEZ
ATTORNEYS AND COUNSELORS AT LAW
Isidoro Rodriguez, Esq. Dra. Irene Rodriguez
A member of the Bar of the United States Supreme Court; Admitted Rep. of Colombia
of the U.S. Ct. of App for 2nd, D.C., and Fed. Cir.; and U.S. Tax Ct.

Northern Virginia Office: South American Office:
7924 Peyton Forest Trail World Trade Center
Annandale, Virginia 22003-1560 Calle 76 No. 54-11, Office 313
Telephone: 703.573.1571/telefax: 571.423.5066 Barranquilla, Colombia
Mobil: 703.470.1457 Telephone: 011.5753.605288
Email: isidoror@earthlink.net E-mail:irenerod@earthlink.net
Web: http://home.earthlink.net/~isidoror Web: http://justiciaportodo.webs.com

scrivener

FISA has been misused to enable a series of secret programs used in the extrajudicial targeting of U.S. citizens by goernment agencies involved in intelligence, law enforcement and revenue collection. These agencies have been hijacked by ideologues who are using the war on terror as a pretext for a peculiar form of social engineering.

I'm a longtime mainstream journalist whose career, finances and physical well-being has been decimated by these programs. Agencies of government are using "directed energy weapons" that emit silent radiation to slowly incapacitate their targets. THIS IS TORTURE AND IT IS GOING ON IN COMMUNITIES ACROSS AMERICA.

Please read the following article, and the additional article cited in the link that follows. I have been trying to secure legal assistance on behalf of untold thousands of Americans who have been victimized as I have been over the past five years. I put my 35+ years of credibility on the line here. Only recently have my posts been allowed to go through to the ACLU blog with some consistency. My communications are not just being surveilled -- my internet and telephonic communications are subject to malicious interference and interception.

Please read this article, which is based on first-hand experience and reporting, and please help me arrange a meeting with ACLU attornies. If this can happen to me, it can (and is) happening to many other innocent Americans:

MR. HOLDER: Secret programs are destroying families
'Extrajudicial Targeting' of U.S. Citizens by Gov't Agencies: Root Cause of Global Financial Crisis?

GET POLITICAL w/ VIC LIVINGSTON columnist, members.nowpublic.com/scrivener; former business reporter, Fox TV Phila., N.Y. Daily News 'Tonight', Philadelphia Bulletin, St. Petersburg Times

Could government "targeting" of American citizens outside the bounds of the judicial system be one of the root causes of the Wall Street financial meltdown that threatens to devastate the global economy?

Victims of so-called "organized gang stalking" claim that federal and local government agencies involved in intelligence, law enforcement, and revenue collection have established a network of secret programs aimed at destroying the financial well-being of "targeted" individuals -- who are denied due process of law as their financial resources are systematically expropriated.

These programs allegedly involve the interception of mail; surveillance, interception, and alteration of telecommunications, including telephone and internet communications; fabrication of bank, credit card, mortgage and billing statements; surreptitious manipulation of personal and business bank and mortgage accounts.

Victims of this alleged "extrajudicial targeting" report being inundated with offers of "easy credit" from banks, mortgage companies and credit card issuers -- even if their financial situation does not warrant the extension of generous lines of credit. Typically, consumers are lured in by low interest rates -- only to see those rates raised to usurous levels months later.

In effect, victims say, a secret parallel system of transaction processing has been established for persons targeted by government agencies. They allege that the goal is to destroy their capacity to earn a living and to support themselves and their families.

Victims theorize that these "programs of personal destruction" are a derivative of past controversial government programs such as Cointelpro and Total Information Awareness. They maintain that the enactment of sweeping laws such as the USA Patriot Act, passed by Congress in the wake of the terrorist attacks of Sept. 11, 2001, has emboldened those who would use the powers of the state to restrict civil liberties as a tool of social control.

The "mechanics" of these programs of personal destruction, victims say, closely resemble the tactics employed by pre-war Nazi Germany in its campaign against the Jews and other targeted groups, such as those deemed to be political "dissenters."

Victims charge that some of these programs also are designed to degrade their physical health, with health care professionals sometimes pressured to cooperate. Citizen vigilantes affiliated with government-funded community policing and "watch" groups are employed to relentlessly stalk, harass and intimidate those targeted by these government programs, victims charge.

These civilian vigilantes, with retired military and public safety officers among their ranks, are said to have access to surveillance imposed upon their targets, who are tracked and followed like prey, whether in vehicles or on foot.

The vigilante stalkers are believed to be equipped with high-tech instruments such as radiation-emitting "directed energy" weapons capable of causing serious adverse health effects -- what some describe as a "slow genocide."

Officials in the private sector are believed to have knowledge of some of these programs, since their cooperation is key to the functioning of the system. Victims charge that the government is using national security and the "war on terror" as a pretext to secure the cooperation of local law enforcement, corporations and businesses. But they say it's also possible that the civilian overseers of these agencies, as well as civilian operatives, have been kept in the dark about the most nefarious aspects of these programs.

It's feared that the government takeover of more than half of the nation's mortgage market, and government bailouts and supervision of failed and financially troubled banks, investment houses and insurers, could facilitate this extrajudicial targeting of citizens and their personal and business assets.

Those who say they have been victimized by these programs are calling upon Congress to immediately convene hearings on unconstitutional, extra-legal abuses of power carried out under the direction of government agencies -- what they see as an unraveling of the American constitutional democracy and a descent into a corporate-fascist police state.

FOR MORE ON STATE-SUPPORTED DOMESTIC TERRORISM:

http://www.nowpublic.com/world/american-gestapo-state-supported-terroris...

OR (if link is disabled): members.NowPublic.com/scrivener RE: "American Gestapo..."

scrivener

(PLEASE POST THIS REVISED VERSION:)

1.

FISA has been misused to enable a series of secret programs used in the extrajudicial targeting of U.S. citizens by goernment agencies involved in intelligence, law enforcement and revenue collection. These agencies have been hijacked by ideologues who are using the war on terror as a pretext for a peculiar form of social engineering.

I’m a longtime mainstream journalist whose career, finances and physical well-being have been decimated by these programs. Agencies of government are using “directed energy weapons” that emit silent radiation to slowly incapacitate their targets. THIS IS TORTURE AND IT IS GOING ON IN COMMUNITIES ACROSS AMERICA.

Please read the following article, and the additional article cited in the link that follows. I have been trying to secure legal assistance on behalf of untold thousands of Americans who have been victimized as I have been over the past five years. I put my 35+ years of credibility on the line here. Only recently have my posts been allowed to go through to the ACLU blog with some consistency. My communications are not just being surveilled — my internet and telephonic communications are subject to malicious interference and interception.

Please read this article, which is based on first-hand experience and reporting, and please help me arrange a meeting with ACLU attorneys. If this can happen to me, it can (and is) happening to many other innocent Americans:

...Secret programs are destroying families...

‘Extrajudicial Targeting’ of U.S. Citizens by Gov’t Agencies: Root Cause of Global Financial Crisis?

GET POLITICAL w/ VIC LIVINGSTON columnist, members.nowpublic.com/scrivener; former business reporter, Fox TV Phila., N.Y. Daily News ‘Tonight’, Philadelphia Bulletin, St. Petersburg Times

Could government “targeting” of American citizens outside the bounds of the judicial system be one of the root causes of the Wall Street financial meltdown that threatens to devastate the global economy?

Victims of so-called “organized gang stalking” claim that federal and local government agencies involved in intelligence, law enforcement, and revenue collection have established a network of secret programs aimed at destroying the financial well-being of “targeted” individuals — who are denied due process of law as their financial resources are systematically expropriated.

These programs allegedly involve the interception of mail; surveillance, interception, and alteration of telecommunications, including telephone and internet communications; fabrication of bank, credit card, mortgage and billing statements; surreptitious manipulation of personal and business bank and mortgage accounts.

Victims of this alleged “extrajudicial targeting” report being inundated with offers of “easy credit” from banks, mortgage companies and credit card issuers — even if their financial situation does not warrant the extension of generous lines of credit. Typically, consumers are lured in by low interest rates — only to see those rates raised to usurious levels months later.

In effect, victims say, a secret parallel system of transaction processing has been established for persons targeted by government agencies. They allege that the goal is to destroy their capacity to earn a living and to support themselves and their families.

Victims theorize that these “programs of personal destruction” are a derivative of past controversial government programs such as Cointelpro and Total Information Awareness. They maintain that the enactment of sweeping laws such as the USA Patriot Act, passed by Congress in the wake of the terrorist attacks of Sept. 11, 2001, has emboldened those who would use the powers of the state to restrict civil liberties as a tool of social control.

The “mechanics” of these programs of personal destruction, victims say, closely resemble the tactics employed by pre-war Nazi Germany in its campaign against the Jews and other targeted groups, such as those deemed to be political “dissenters.”

Victims charge that some of these programs also are designed to degrade their physical health, with health care professionals sometimes pressured to cooperate. Citizen vigilantes affiliated with government-funded community policing and “watch” groups are employed to relentlessly stalk, harass and intimidate those targeted by these government programs, victims charge.

These civilian vigilantes, with retired military and public safety officers among their ranks, are said to have access to surveillance imposed upon their targets, who are tracked and followed like prey, whether in vehicles or on foot.

The vigilante stalkers are believed to be equipped with high-tech instruments such as radiation-emitting “directed energy” weapons capable of causing serious adverse health effects — what some describe as a “slow genocide.”

Officials in the private sector are believed to have knowledge of some of these programs, since their cooperation is key to the functioning of the system. Victims charge that the government is using national security and the “war on terror” as a pretext to secure the cooperation of local law enforcement, corporations and businesses. But they say it’s also possible that the civilian overseers of these agencies, as well as civilian operatives, have been kept in the dark about the most nefarious aspects of these programs.

It’s feared that the government takeover of more than half of the nation’s mortgage market, and government bailouts and supervision of failed and financially troubled banks, investment houses and insurers, could facilitate this extrajudicial targeting of citizens and their personal and business assets.

Those who say they have been victimized by these programs are calling upon Congress to immediately convene hearings on unconstitutional, extra-legal abuses of power carried out under the direction of government agencies — what they see as an unraveling of the American constitutional democracy and a descent into a corporate-fascist police state.

FOR MORE ON STATE-SUPPORTED DOMESTIC TERRORISM:

http://www.nowpublic.com/world/american-gestapo-state-supported-terroris...

OR (if link is disabled): members.NowPublic.com/scrivener RE: “American Gestapo…”

(NOTE: MR. Livingston's bio, contact information and additional writings can be found at his web site.)

scrivener

A recent article on the Wired.com magazine "Danger Room" blog site discusses a court document said to indicate that the U.S. Secret Service is involved in the development of directed energy weapons technology. The article speculates that the agency may have deployed such devices in the course of its official duties.

http://blog.wired.com/defense/2008/11/presidents-secr.html

wild;)

Thanks to the ACLU for working so well against, thoughtless laws our congress insists on enacting. What bothers me about the FISA 2008 law is the 'new' immunity handed out for 'telecommunication companies'. I am concerned that subcontractors, will use this immunity to cover all sorts actions. For example Blackwater, a subcontractor also has a 'telecommunications' sub entity. Pregranted immunity is just wrong.

maryann.mccabe@...

The people doing this are keeping it
"civil", so that I can't possibly fight them financially. It's a
multistalker situation. It's based on entrapment, and what went wrong
wouldn't have if I hadn't been set up for things that weren't going
on,and all based on the lies of s "professional" drug addict who I
called the police on.
So, basically the police are at the bottom of it. I've had paperwork
and evidence stolen(right from the courthouse after the head of
detectives told me he was disappointed in me because his name was on
it. But, obviously it was there if he knew his name was on it.), but I
still have some of both.
I need to fight it on the basis of personal injury (and believe me
there is some, for what's been done to me. I'll give you one example:
On March 27, 2008 I got a coffee from Dunkin' Donuts (where the animal
control officer frequents in the afternoon) on Washington St. in
Salem. a few sips, and they found me a few blocks down the street
passed out in my wheel chair (from what I believe to have been
Ketimine, an animal tranquilizer. The firemen walked my chair home
after the ambulance took me. When I got home the next day, the
wheelchair had two cracks in it, the drive wheel was broken, there
were two mismatched front wheels (I have pictures). My wheelchair
repair paperwork, two pairs of eyeglasses (one were prescription), my
service dog's tag, my post box key, were all missing and the police
won't give me an accurate report. I have proof that my unit is being
entered (pictures) while I'm not there, and again, the police won't
give me an accurate report.
This is just a little bit of the story.
I also have a two year old eviction from a building that I've been
trying to move out of since the first year I was there.
, and there's a lot more to that story too.

ClearWater

To concerned citizens,

Mr. Jeremy Scahill has wrote books, news articles, testified before UNITED STATES CONGRESS about "BLACKWATE, illegal private army abuse of power and corruption." Google "Jeremy Scahill and BLACKWATER" and you will find tons of information on the subject.
a. 190,000 private army in Iraq.
b. 40,000 more in U.S. Cities.
c. Private Air Force.

www.utne.com : read www.utne.com 1/2009 “corporate spook” – former FBI, CIA and other top government officials working in the private “investigative sector”

****************************** Quote from article *************************************
Blackwater launched the Orwellian-named Total Intelligence Solutions in February 2007. The firm is stacked with former high-ranking officials from the FBI and the U.S. State Department, promising clients around the globe, including foreign governments, unprecedented access to power brokers in Washington. “It is not difficult to imagine clients feeling as though they are essentially hiring the U.S. government to serve their own interests,” the Nation reports (June 23, 2008).

By C. J. CHIVERS
Published: September 12, 2008
A whistle-blower who uncovered evidence of public corruption and deceptive practices by contractor in a Pentagon-sponsored arms deal was found dead on a mountain road on Friday.

Look at the timeline between the establishment of BLACKWATER and massive increase in ORGANIZED HARASSMENT GROUP/ AKA GANG STALKING - illegal surveillance, illegal wiretap ( protected by the Patriot Act) and find an almost identical curve.

It is widely believed these groups are working with local private security/detective, abusing community policing program to destroy regular citizens on behalf of their clients.

Destroy the stinking BLACKWATER!!!

Isidoro Rodrigu...

Because of the evidence of malfeasance of the Federal and Virginia Judicial Branch in collusion with government attorneys (See Federal Criminal Complaints filed in Virginia, D.C., Colorado, NY, and Pennsylvania ( http://home.earthlink.net/~malfeasance/ and http://home.earthlink.net/~treason/ ), irrespective of one being either a Republican, Democrat, Liberal, all citizens must push President, members of Congress and the General Assembly, as well as the Governor to make the Judicial Branch accountable.

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