Congress Moves to Create New Surveillance Agency Under NDAA 2014

Seen on UnSpy – For Liberty!

Congress is ready to add another layer to Stasi surveillance state.

“In other words, the proposed NDAA “enhancement” would further extend the reach of the surveillance state into the private affairs of the American people, a reach significantly more expansive than previous documented, due largely to the recent revelations of whistleblower Edward Snowden.”

unspy‘s insight:

When is it going to finally dawn on people…. they aren’t setting up new agencies. They’re setting up.. a NEW government….and soft-form of continuous and unending Martal Law… this is now a NEW fundamentally changed country! Welcome to East Germany USSA.

Earlier this year, the House Subcommittee on Intelligence, Emerging Threats and Capabilities, one of several Armed Services Committees, discussed the National Defense Authorization Act (NDAA) for Fiscal Year 2014.

“The main subject of the hearing was Sec. 1061, otherwise known as Enhancement of Capacity of the United States Government to Analyze Captured Records,” writes Stephen Benavides. “This enhancement provision of NDAA 2014 would effectively create a new intelligence agency, one with the authority to analyze information gained under the Patriot Act, FISA, and known spying programs such as PRISM.”

Government continues to insist NSA cannot listen to your phone calls or read your email.

Sec. 1061 authorizes the establishment of a Conflict Records Research Center by the Secretary of Defense. The Center would create a “digital research database” with the ability to “translate” and facilitate research on “records captured from countries, organizations and individuals, now or once hostile to the United States.” Additionally, the Center will engage in research to “increase the understanding of factors related to international relations, counterterrorism and conventional and unconventional warfare, and ultimately, enhance national security.”

In order to work effectively, the Center will require collaboration with the Director of National Intelligence in the coordination of “information exchanges important to the leadership of the United States Government.”

Benavides writes:

That coordination would require participation of all 16 member agencies and departments of the U.S. Intelligence Community. This would leave James Clapper, the man accused of lying to Congress about the National Security Agency’s domestic spying program known as PRISM, in de facto direction of another federal surveillance and data analysis agency. And while the Center would be officially directed and overseen by the Secretary of Defense, without unfettered access to secret and top secret information, the Center would be completely ineffective. These information exchanges would most likely include data and records generated by the mass surveillance of everyday people under PRISM, as well as surveillance of those identified as “potential terrorists” or “high value targets” by any one of those 16 intelligence agencies now in operation.

Benavides notes that because the war on terror is now borderless and permanent – due primarily to the 2001 Authorization to Use Military Force (AUMF) – any “captured record” may be used by this new agency, including records collected under the sprawling NSA Stasi surveillance state now firmly in place and a prominent feature of the national security state.


“Thus, any captured document, audio file, video file, or other material could potentially be submitted to this new intelligence agency for research and analysis, all in the name of national security and counterterrorism, as deemed appropriate by a swelling government surveillance class,” Benavides explains.

In other words, the proposed NDAA “enhancement” would further extend the reach of the surveillance state into the private affairs of the American people, a reach significantly more expansive than previous documented, due largely to the recent revelations of whistleblower Edward Snowden.

“While the National Security Agency swears that no citizen was spied on under PRISM, the very fact that cell phone metadata and online activity was gathered from millions of individuals guarantees that information was taken illegally from innocent people,” Benavides concludes. “We’re told that the government is attempting to minimize the amount of information captured from Americans, and that all of that information is being kept in specialized and restricted servers in order to protect our constitutional rights. But that’s difficult to believe when the Department of Justice is currently fighting the release of a secret FISA Court opinion that detailsunconstitutional government surveillance.”

More accurately, the government – including Congress with Dianne Feinstein, Mike Rogers, Lindsey Graham and Saxby Chambliss leading the pack – is lying to the American people and attempting to dismiss and cover up the NSA surveillance apparatus. Most of our supposed “representatives” are fully on board with the effort to turn the United States into the most effective police state ever imagined.

The goal here is obvious – the government has systematically designed and constructed a surveillance apparatus intended to subvert the Constitution and the Fourth Amendment under the bogus pretext of responding to the attacks of September 11, 2001 and engaging in a boundless and open-ended war on terrorism that does not threaten the United States and, as the evidence reveals, is largely nonexistent, but puts forward the policy objectives of the ruling elite.

The end game is not the eradication of al-Qaeda or the protection of the American people from the hyped-up ravages of terrorism, but the installation of a high-tech surveillance mechanism that will effectively result in apanopticon where political opposition to the establishment and the ruling elite will be virtually impossible.


Las Vegas City Council Passes NDAA Nullification Resolution

The National Defense Authorization Act (NDAA) will not be enforced in Las Vegas. Rejection of the unconstitutional provisions of that controversial federal act was the purpose of a resolution passed by the city council just after noon on March 20.


By a vote of 5-2, the council passed R-18-2013. The resolution, offered by Ward 2 Councilman Bob Beers, will now be presented to the Clark County (Nevada) Commission.

People Against the NDAA (PANDA) reports that if the measure is approved by the county commission, it would be the first joint city/council resolution passed in the nation seeking to prevent enforcement of the NDAA.

The resolution may be read here.

The specific target of the measure is the sections of the NDAA purporting to grant to the president of the United States the power to apprehend and indefinitely detain any American whom he suspects of cooperating with the nation’s enemies.

Two sections of the 2012 version of the NDAA authorize this imprisonment at the will of the president and deny those held under the act access to an attorney and a public trial, as well as other fundamental aspects of due process.

Referring to relevant articles of the national and state constitutions, the Las Vegas resolution declares that no person may denied “life, liberty, or property without due process of law.”

In a paragraph addressing a rarely discussed aspect of the NDAA, the Las Vegas measure declares that it is “never appropriate” for U.S. armed forces to be used as domestic law enforcement.

According to the text of R-18-2013, the prohibition against such action is the federal Posse Comitatus Act. While they got the spirit right, the Posse Comitatus Act is not the relevant law governing such use of the military.

As with any act of Congress, the Posse Comitatus Act may be repealed by subsequent act of Congress. In the case of the Posse Comitatus Act, the John Warner National Defense Authorization Act of 2007, signed into law by President George W. Bush on October 17, 2006, amended the law by adding the following language: “The President may employ the armed forces to restore public order in any State of the United States the President determines hinders the execution of laws or deprives the people of a right, privilege, immunity, or protection named in the Constitution and secured by law or opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.”

Fortunately for our Republic and the rule of law that has kept us free, the sweeping changes made by the Warner Act were completely repealed by passage of the National Defense Authorization Act for Fiscal Year 2008. Accordingly, the present state of the applicable law governing the use of federal troops in matters of domestic law enforcement is the Insurrection Act of 1807.

According to that law, the national government may mobilize the federal army only if the “constituted authorities of that State are unable, fail, or refuse to protect that right, privilege or immunity, or to give that protection.”

Of course, the president and Congress have shown that they will not be bound by law or by Constitution when it comes to depriving Americans of their most basic civil liberties.

Fortunately, as the action by the Las Vegas City Council demonstrates, there are state and local leaders willing to charge into the gap and defend the rights of citizens to be free from federal tyranny.

The most potent weapon in the state arsenal against federal tyranny is nullification. Nullification occurs when a state holds as null, void, and of no legal effect any act of the federal government that exceeds the boundaries of its constitutional powers.

Nullification recognizes that states possess the right to invalidate any federal measure that exceeds the few and defined powers allowed the federal government as enumerated in the U.S. Constitution.

States retain the right to act as arbiters of constitutionality of federal acts because they formed the union, and as creators of the compact, they hold ultimate authority as to the limits of the power of the central government to enact laws that are applicable to the states and the citizens thereof.

Despite criticism by those who advocate for a more powerful federal government, nullification would not lead to anarchy, as it is only the unconstitutional federal acts that will be subject to state invalidation.

An analogy from everyday makes the practice of nullification easier to understand.

Imagine that a person entered into a contract with a homebuilder to construct a new home. The blueprints contained the agreed upon specifications of the house and the contract set out the duties and obligations of the homeowner and the homebuilder.

As long as both parties abide by the terms of the contract, the relationship will continue on as set forth in the contract. What would happen, however, if the homebuilder decides to exceed the scope of the contract and begins digging a pool? On a visit to the construction site, the homeowner notices the pool and confronts the contractor. When the homebuilder hands his client the bill for the cost of the pool, would the homeowner be required to pay for it?

Absolutely not.

However, when it comes to the bills sent to the states by the federal government demanding payment for unconstitutional acts, for some reason the states forget the contract and pay the bills, and now they are going broke.

As Congress continues to surrender to the president all legislative, executive, and judicial power, the need for nullification is urgent, and liberty-minded citizens are encouraged to see state legislators boldly asserting their right to restrain the federal government through application of that very powerful and very constitutional principle.

The Las Vegas city council appreciates their authority to protect citizens of their city from a federal government that has exceeded its constitutional power.

In response to the city council’s vote, the head of the Clark County Chapter of PANDA, Daphne Lee, said, “I am so incredibly grateful to the honorable Council members for supporting our efforts. I would especially like to thank Councilman Beers for helping me introduce this resolution to the board, and to Mayor Goodman for her amazing vocal support for the rights of all persons in Nevada. This action will support other cities, counties and states all over the country who seek to take a stand to protect constitutional rights.”

Christopher Corbett of PANDA Nevada echoed Lee’s praise for the resolution. “This is an important first victory in the fight to restore and protect civil liberties in Nevada,” Corbett said. “Hopefully this resolution will encourage the rest of Nevada to pass similar resolutions and state legislation.”

PANDA reports that “there is already action under way to pass similar Resolutions in Northern Nevada. Both the Washoe County Commission and Reno City Council have agrees to look at this issue in the next 30 days.”

At the state level, Nevada state Senator Don Gustavson has sponsored the Nevada Liberty Preservation Act (SB378), which enjoys the bipartisan support of 15 of Gustavson’s colleagues.

The state bill currently awaits a hearing by the state senate judiciary committee.

By passing similar anti-NDAA resolutions, cities and counties can proudly join Las Vegas in taking a stand against the federal government’s use of the NDAA to abolish centuries-old due process and habeas corpus protections, and help restore the states’ rightful place as bulwarks of liberty.


Joe A. Wolverton, II, J.D. is a correspondent for The New American and travels frequently nationwide speaking on topics of nullification, the NDAA, and the surveillance state. He can be reached at