The Huffington Post reports on Jeb Bush’s understanding of civil liberties, which is not tied to reality.
“There’s not a shred of evidence that anybody’s civil liberties have been violated by it [the Patriot Act]. Not a shred,” the former Florida governor said after a breakfast hosted by the Concord Chamber of Commerce.
Bush, a likely contender for the Republican presidential nomination in 2016, has previously defended National Security Agency spying programs authorized under the Patriot Act that collect data in bulk on nearly every American. Earlier this year, Bush insisted that “we do protect our civil liberties, but this is a hugely important program to use these technologies to keep us safe.”
There is more than a shred of evidence to suggest civil liberties violations. The United States Court of Appeals for the Second Circuit ruled that collecting bulk telephone metadata by the NSA is illegal. The case is 14-42, American Civil Liberties Union et al v. Clapper et al, 2nd U.S. Circuit Court of Appeals.
Plaintiffs‐appellants American Civil Liberties Union and American Civil Liberties Union Foundation, and New York Civil Liberties Union and New York Civil Liberties Union Foundation, appeal from a decision of the United States District Court for the Southern District of New York (William H. Pauley, III, Judge) granting defendants‐appellees’ motion to dismiss and denying plaintiffs‐ appellants’ request for a preliminary injunction. The district court held that § 215 of the PATRIOT Act impliedly precludes judicial review; that plaintiffs‐ appellants’ statutory claims regarding the scope of § 215 would in any event fail on the merits; and that § 215 does not violate the Fourth or First Amendments to the United States Constitution. We disagree in part, and hold that § 215 and the statutory scheme to which it relates do not preclude judicial review, and that the bulk telephone metadata program is not authorized by § 215. We therefore VACATE the judgment of the district court and REMAND for further proceedings consistent with this opinion.