From the Archives: Former NM Governor Gary Johnson talks about shutdown, surveillance, and Sarvis

Publisher's note: This article was originally published on Examiner.com on October 25, 2013. The Examiner.com publishing platform was discontinued July 1, 2016, and its web site went dark on or about July 10, 2016.  I am republishing this piece in an effort to preserve it and all my other contributions to Examiner.com since April 6, 2010. It is reposted here without most of the internal links that were in the original.

Former NM Governor Gary Johnson talks about shutdown, surveillance, and Sarvis

Former New Mexico Governor Gary Johnson will be one of the primary speakers on Saturday, October 26, at a rally at the foot of the U.S. Capitol in Washington, D.C., to protest the expanding surveillance state.

Known as “Stop Watching Us,” the rally at the Capitol Reflecting Pool will also feature such speakers as Michigan Congressman Justin Amash, gay-rights advocate Dan Choi, NSA whistleblower Thomas Drake, former Ohio Congressman Dennis Kucinich, national security analyst and author Bruce Schneier, and social critic Naomi Wolf. A video in support of the rally features celebrities John Cusack, Phil Donahue, Daniel Ellsberg, Maggie Gyllenhaal, Oliver Stone, and Wil Wheaton.

Protesters are gathering from around the country, with buses carrying them from far-flung places like New York City, Philadelphia, and Charlottesville, Virginia.

'Outrageous'

Two nights before the rally, the Charlottesville Libertarian Examiner spoke to Gary Johnson (who was also the 2012 Libertarian nominee for U.S. President) at a fundraising event for his non-profit organization, Our America Initiative.

In the course of the interview, Johnson expressed his outrage at the growth of government surveillance of American citizens and violations of privacy and constitutional protections.

“It's outrageous,” Johnson said, “that 125 billion cell phone conversations have been recorded or are authorized” to be archived for future probes.

“When you find out that a federal judge has said that it's OK for the [National Security Agency] to gather information from 113 million Verizon users,” he complained, “to me that is not the Fourth Amendment, to me that is not due process.”

Instead, it is “some sort of blanket 'government-knows-best'” policy that leads to the government “search[ing] your personal archives” and doing whatever they like with it, without constraints.

“This has got to stop,” Johnson said. “This really has to stop.”

'Chill out'
On another topic of recent concern, the temporary shutdown of the federal government that may recur in the near future, the 2012 presidential candidate explained what he would have said to the nation under those circumstances, if he were president.

“Here is what would have been coming out of my mouth,” Johnson said:

“'Chill out, citizens of the United States. I'm the executive. We're going to pay the bills. There's revenue coming in. We're going to pay the interest on our debt. Social Security checks are going to go out. I'm going to prioritize what's important in government and get it the funding and we'll manage our way through this.'”

Johnson said that his personal philosophy – not being a social conservative while also being “arguably the most fiscally conservative governor” in U.S. history – helped him reach across the aisle and work with a Democratic legislature as a Republican governor.

“I'm going to argue that” a libertarian philosophy like that “is reflective of most Americans and in a state that's two to one Democrat, [like] New Mexico, that resonates” with voters, he said.

Advice to Robert Sarvis
He offered his own experience as advice to Robert Sarvis, the Libertarian candidate for governor of Virginia this year.

If Sarvis is elected governor, Johnson said, he “can succeed on looking at issues first and politics last.”

That was “my promise running for governor of New Mexico, and I think I've fulfilled it,” Johnson said, emphasizing the slogan, “Politics last, issues first.”

In addition to speaking at Saturday afternoon's “Stop Watching Us” rally in Washington, Johnson and Sarvis will make a joint appearance that evening at the IOTA Club, 2832 Wilson Boulevard in Arlington, Virginia, from 5:30 to 8:00 p.m.

Suggested Links


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From the Archives: Attorney Bruce Fein discusses NSA lawsuit, DHS spying, and FCC intrusions

Publisher's note: This article was originally published on Examiner.com on February 21, 2014. The Examiner.com publishing platform was discontinued July 1, 2016, and its web site was scheduled to go dark on or about July 10, 2016.  I am republishing this piece in an effort to preserve it and all my other contributions to Examiner.com since April 6, 2010. It is reposted here without most of the internal links that were in the original.

Attorney Bruce Fein discusses NSA lawsuit, DHS spying, and FCC intrusions

Constitutional attorney and former Reagan administration official Bruce Fein spoke in Charlottesville on Thursday, February 20, about his book, Constitutional Peril: The Life and Death Struggle for Our Constitution and Democracy, at a forum sponsored by the Rutherford Institute and hosted by the Barnes & Noble at Barracks Road Shopping Center.

In an interview with the Charlottesville Libertarian Examiner just before his presentation, Fein said he would also comment on events since the book's 2009 publication, events that illustrate how “violations of the constitution have become so chronic that they numb the public and even elected officials to the danger we encounter as we move toward what I call 'one branch tyranny' – secret government, [with] everything subordinated to a risk-free existence and absolute executive power.”

Since writing the book, he said, “ we've inched even further along that perilous path.”

NSA spying
One example came with the revelations that the National Security Agency has been engaged in domestic spying against American citizens. In response, Fein has been working with U.S. Senator Rand Paul (R-Kentucky) on a law suit against President Barack Obama filed as a class action “on behalf of every single American who's made a phone call in the last five years.”

He explained that “the NSA since 2006 has been collecting, without any suspicion of wrongdoing, the telephony metadata on every single American's phone calls. That means they get the number you dialed, your own number, the duration of the call, and perhaps where the location is.”

The NSA collects this information, he said, even though the agency has “no suspicion at all that you're engaged in any kind of wrongdoing, that what you're doing has anything to do with foreign intelligence.”

The agency justifies its spying with the belief that, “by collecting this data, at some future point, they may be able to connect your phone number with a foreign phone number that has some possible connection with international terrorism.”

'Dragnet surveillance'
This, Fein said, “is a dragnet surveillance of staggering proportions” yet in the eight years since the program was initiated, “there have been no uses of the program that have resolved a single terrorism investigation.”

The argument of the lawsuit is that the NSA's metadata collection “violates the Fourth Amendment prohibition against unreasonable searches and seizures,” he said. “You have a right to keep your metadata free from government surveillance and the fact that your phone company has it doesn't mean that you've expected the government to have it. The government can put you in prison; the phone company cannot.”

The resolution sought by the lawsuit is “to get a judicial order requiring the NSA to expunge from their database, which is perhaps the largest database in the history of the world, all of this telephony metadata, and forbid it from being collected in the future.”

If the lawsuit succeeds, he explained, “it would expunge all of the information that now hangs over everybody's head like a sword of Damocles.”

Collecting license plate data
Fein also commented on a recent news story that the Department of Homeland Security had put out a Request for Proposals (RFP) to track the location of every vehicle's license plate in the United States. (The RFP was later withdrawn in the face of public opposition.)

Even though the program was suspended, he said, “we can anticipate there'll be efforts to use surveillance drones to capture where Americans are 24 hours a day, if they step outside their home.”

This is, he explained, “all part of what I call the psychology of a risk-free existence. That's the bane of any republic because liberty can't persist without some risk.”

The DHS example shows how “the government feels that they should try to gather all information at all times about everything we do because it at some future time it might be connected with an international terrorist investigation, which again turns the whole idea of liberty on its head,” Fein explained.

“We have an inherent right to be let alone, just because we're human beings,” he said, “and that right can be disturbed only if the government can advance a compelling reason to think you're engaged in some kind of wrongdoing or have information relevant to some wrongdoing or antisocial behavior.”

Americans are not required to explain to the government “why we want to be let alone,” Fein explained, because “it's just inherent of being an American, and that has been turned on its head. The government now assumes that they have the right to get every [bit of] information they can conceive about you.”

FCC in TV newsrooms
Fein also commented on a program proposed by the Federal Communications Commission – also withdrawn in the face of public opposition – that would embed investigators in every television newsroom to determine how reporters decide what stories to feature on their broadcasts.

That kind of activity by the FCC, he said, “It is an outrage. We would expect that in Russia or China or maybe in Belarus.”

The FCC's proposal, he said, violates the understanding that “the government never has a right to impair anyone's privacy -- to look at anything that Americans are doing – unless they have, at the outset, some plausible basis to think wrongdoing is underway.”

In a republic, Fein said, “the people censure the government; the government does not censure the people.”

He concluded the interview by quoting Thomas Jefferson, who said: “When the government fears the people, you have liberty. When the people fear the government, you have tyranny.”

Unfortunately, Fein asserted, “we are approaching the latter, unless we change that trajectory very quickly.”

Bruce Fein also appeared on WCHV-FM's “Inside Charlottesville” with Coy Barefoot on the same evening he spoke at Barnes & Noble.

SUGGESTED LINKS

Rutherford Institute asks local lawmakers to speak out against drones
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Charlottesville entrepreneur Paul Jones sells non-lethal self-defense products

Original URL: http://www.examiner.com/article/attorney-bruce-fein-discusses-nsa-lawsuit-dhs-spying-and-fcc-intrusions

2014 Jefferson Muzzle awards have been announced

Violators of freedom of expression are the "winners" of the 2014 Jefferson Muzzle Awards from the Thomas Jefferson Center for the Protection of Free Expression in Charlottesville. Now in their 23rd year, the Muzzles are announced to coincide with Mr. Jefferson's birthday (April 13).

Josh Wheeler

The ten recipients this year include three educational institutions, three state government agencies, and four federal government agencies. They were announced by the Center's executive director, Josh Wheeler, via a press release on Thursday, April 10.

The awards include implicit criticism of the White House press office for limiting access to the news media to even trivial events and of the Department of Justice for "secretly seiz[ing] dozens of phone records of the Associated Press and falsely label[ing] Fox News reporter James Rosen a criminal 'co-conspirator' in order to obtain a search warrant for the reporter’s phone records and emails."

The National Security Agency (NSA) and Department of Homeland Security are joint recipients of a Muzzle

For causing an online retailer to remove from its website a Minnesota man’s products satirizing various government entities on T-shirts, bumper stickers, and other items. Zazzle.com pulled the items from its marketplace after receiving cease and desist letters from the NSA and Homeland Security. Among the items removed were products featuring a variation of the NSA seal along with the statement “The NSA: The only part of government that actually listens.”

The North Carolina General Assembly police are cited for arresting a reporter who was covering a protest at the state capitol, while the Tennessee General Assembly gets dinged for criminalizing undercover reporting at agricultural facilities.

The Kansas Board of Regents receives a 2014 Muzzle award because

Following controversial statements by a member of the University of Kansas faculty on his personal Twitter account, the Kansas Board of Regents (the governing board of the state’s public universities) adopted a social media policy that allows for the firing of a faculty member for using social media in such a way that “impairs…harmony among co-workers,” or that the university’s chief executive officer deems “contrary to the best interest of the university.”

A Florida high school principal gets an award for cutting off the microphone of a graduation speaker who was stumbling over his words and then denying the student an opportunity to accept his diploma with the rest of the class. His reason? He thought the stumbling was an attempt to go "off script" on the approved text of the speech.

The principal of Pemberton High School in New Jersey wins a Muzzle for censoring two articles in the student newspaper, and then forbidding the same newspaper from publishing an article about censorship.

My favorite 2014 Muzzle concerns a case that received a lot of publicity last September. At Modesto Junior College in California, a student was refused permission to distribute copies of the U.S. Constitution on Constitution Day. Here's the Thomas Jefferson Center's citation:

Campus police confronted Robert van Tuinen outside the student center as he handed out free copies of the Constitution to his fellow students on September 17—Constitution Day. Officers informed van Tuinen that school policy only permitted literature to be distributed within a tiny designated spot on campus, and only then if scheduled several days in advance.

If you missed the widely-distributed video of this incident, here it is:

To hear Thomas Jefferson Center director Josh Wheeler talk about how the Muzzle Award winners are determined, check out this interview on The Score.

Cross-posted from Bearing Drift (April 9, 2014).

@rick_sincere | facebook.com/ricksincere

Meanwhile, over on Examiner.com ...

The last few days have been busy ones for me in terms of posting articles as the Charlottesville Libertarian Examiner on Examiner.com.

I have two articles based on reactions to President Barack Obama's fifth State of the Union Address:

Virginia Republican Congressmen Respond to 2014 State of the Union Message

and

Gay groups comment on Obama's 2014 State of the Union address

On Monday, libertarian/anarchist activist Adam Kokesh was in Charlottesville to read excerpts from his forthcoming book and talk about his time incarcerated for civil disobedience in support of the Second Amendment. I interviewed him about some current issues and this is the result:

Podcaster Adam Kokesh talks about NSA spying, gay marriage, and Justin Bieber

Earlier, I posted three articles about Virginia political issues:

Legal ethicist Jack Marshall weighs in on Bob McDonnell 'Giftgate' scandal
Virginia Attorney General Mark Herring will challenge anti-gay marriage laws
Virginia political leaders react to Governor Bob McDonnell's federal indictment

Still earlier, I gathered some comments that expressed skepticism about President Obama's planned reforms of the NSA's extensive domestic spying operation:

Negative reactions to President Barack Obama's speech on NSA domestic spying

And finally, my last Examiner.com article of 2013 dealt with a professional interest of mine, Africa. This one was based on an interview with a libertarian Africanist -- not a phrase you're likely to hear very often.

Omidyar Network's Karol Boudreaux offers optimistic view of African economies

Keep checking back here to see when I link to new Examiner.com articles.