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Ruth Bader Ginsburg
The Trumpster is right: Ruth Bader Ginsburg’s ‘mind is shot’ because she was brain damaged by chemotherapy in 2009… (and hasn’t been able to think straight since)
http://www.naturalnews.com/054650_Ruth_Bader_Ginsburg_chemo_brain_Donald_Trump.html
Wednesday, July 13, 2016
by Mike Adams, the Health Ranger

(NaturalNews) Three days ago, U.S. Supreme Court Justice Ruth Bader Ginsburg went on a discombobulated verbal rampage against Donald Trump, calling him a “faker” and claiming that if he were elected president, “then everything is up for grabs.”

She then went on to declare that everybody should “move to New Zealand” where, apparently, they can all wear their liberal tin foil hats together while America finally builds a wall to keep them all out.

But what almost nobody seems to remember about all this is that U.S. Supreme Court Justice Ruth Bader Ginsburg was brain damaged by chemotherapy in 2009. As this NY Daily News story explains, she underwent chemotherapy for pancreatic cancer that year.

Chemotherapy is a systemic poison that damages the brains, kidneys and hearts of those who undergo the procedure. As oncologists well know, chemotherapy causes “chemo brain” — a form of chemically induced brain damage that severely impairs cognitive ability by damaging brain cells. It’s far worse than the brain damage you’d suffer from sniffing glue or consuming meth, by the way.

Chemo brain is a medically recognized side effect of chemotherapy, and even the Mayo Clinic describes chemo brain side effects as including:

  • Confusion
  • Difficulty concentrating
  • Difficulty finding the right word
  • Feeling of mental fogginess
  • Short-term memory problems
  • Taking longer than usual to complete routine tasks
  • Trouble with verbal memory, such as remembering a conversation

Does this sound exactly like Ruth Bader Ginsburg? You bet it does!

America’s highest court populated by a brain-damaged liberal
All this explains why Ginsberg’s Supreme Court decisions have been so cognitively impaired for the last seven years. It’s also why she recently committed a huge error by uttering all those insanely stupid words against Donald Trump, earning her a retort from Trump who correctly says her “mind is shot.”

The Trumpster is now calling for Ginsberg to resign in shame, and even the New York Times now agrees that Trump is right: Ginsberg has totally lost her mind. Why hasn’t she resigned yet? Because she’s too cognitively impaired to realize she needs to resign.

It’s frightening to think that the very future of America hinges in part on the decisions of a brain-damaged U.S. Supreme Court Justice who has lost the ability to think or speak with clarity. Yet in another way, it’s also not so surprising: She’s the perfect poster girl for the total insanity that now exists in Washington D.C. … a dangerous departure from sanity that’s now endemic across the entire federal government. In fact, if you think about it, why shouldn’t an insanely stupid, incompetent and corrupt federal government be incessantly granted unconstitutional powers by a brain-damaged Supreme Court justice who can’t control her own mouth?

This is all the more reason to elect Donald Trump, by the way. If we are to have any real hope of saving America, we have to replace all the insane, incompetent and brain damaged government officials with intelligent, capable, patriotic Americans who can get things done while protecting individual liberty. Read more at Trump.news.

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FreeRepublic: Gun Purchases Continue to Soar

Gun Purchases Continue to Soar
nraila.org ^ | July 8, 2016
Posted on 7/10/2016, 10:19:26 AM by PROCON
http://www.freerepublic.com/focus/f-chat/3447979/posts

Maybe Americans aren’t taking to Hillary Clinton’s sour attitude toward guns. Maybe they’re arming themselves out of concern about terrorists and criminals of a more conventional stripe. And maybe they’re showing what they think of members of Congress who use terrorists’ crimes as the excuse to push for more gun control.
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One way or the other, though, Americans are continuing to acquire guns at an unprecedented level. The FBI reported this week that in June 2016, firearm-related background checks set a new record for any month of June, up 39% from the number of checks conducted in June 2015.

For the first six months of 2016, checks are up 32 percent over the same period in 2015. If the present rate of checks holds through December, there will be over 32 million checks conducted this year, more than double the number conducted during President Obama’s first year in office. There have been 26.5 million checks during the last 12 months, more than in any 12-month period previously.

NICS checks don’t precisely indicate the number of firearms acquired in a given time frame. But the trend in checks makes clear that Americans are acquiring firearms at a record pace. The annual number of checks has risen from 12.7 million during the last year of President George W. Bush’s administration to an average of 23 million during Obama’s second term.
Obama salesman
how to print screen on pc

NICS checks don’t stop criminals from stealing guns or acquiring guns on the black market, and criminals defeat checks by having other people, who can pass checks, buy guns for them. But they continue to deliver data undermining gun control supporters’ perennial boast that gun ownership is declining. If anything, the data suggest that the opposite is true.

Robert De Niro was clearly threatened by the vaccine establishment to censor the VAXXED documentary from Tribeca

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BREAKING: Robert De Niro was clearly threatened by the vaccine establishment to censor the VAXXED documentary from Tribeca… new details emerge
http://www.naturalnews.com/053446_Robert_De_Niro_VAXXED_documentary_censorship_threats.html
Sunday, March 27, 2016
by Mike Adams, the Health Ranger
Tags: Robert De Niro, VAXXED documentary, censorship threats
Robert De Niro

(NaturalNews) There has never been an assault against a documentary film in the history of America like the one we’ve just witnessed over the last 48 hours. The entire mainstream media waged a coordinated, simultaneous attack against the Tribeca Film Festival to censor a film none of them had even seen.

That film, of course, is called VAXXED: From Cover-Up to Catastrophe, and it documents the admission of the CDC’s Dr. William Thompson, who admitted taking part in a massive scientific fraud to conceal the truth about vaccines causing autism.

This is the first time in the history of film and media that the totality of the media establishment has condemned a film that none of them have ever viewed, desperately trying to make sure no American ever witnesses the hour and a half of film footage that is now “forbidden” to be viewed in a nation founded on free speech.

A statement has been posted on the VAXXED documentary website:

It is our understanding that persons from an organization affiliated with the festival have made unspecified allegations against the film – claims that we were given no opportunity to challenge or redress. We were denied due process.

We have just witnessed yet another example of the power of corporate interests censoring free speech, art, and truth.

Tribeca’s action will not succeed in denying the world access to the truth behind the film Vaxxed.

Robert De Niro was on a phone call before all this happened
Natural News can now report that Robert De Niro and his wife spoke directly with U.S. Congressman Bill Posey for approximately one hour on Friday, during which De Niro was given numerous assurances by Congressman Posey that the CDC whistleblower, Dr. William Thompson, really did confess to taking part in massive scientific fraud to conceal the links between vaccines and autism. It was based in part on this assurance that De Niro originally backed the film’s screening at Tribeca.

But hours later, somebody got to De Niro. Somebody powerful and connected whom we believe threatened Robert De Niro into silence. This mysterious conversation has not been revealed. De Niro has not released the names of those from the “scientific community” who threatened him, nor have the VAXXED filmmakers been offered any ability to respond to whatever accusations may have been falsely leveled against the film.

Total secrecy: Who got to De Niro, and what threats were made against him?
The silencing of VAXXED, in other words, was carried out with the same secrecy under which the entire vaccine industry operates. There is zero transparency, no due process, no discussion and no debate. Robert De Niro may have even been death threated by the vaccine establishment — an industry already steeped in the maiming and murdering of children worldwide. To silence this powerful film, they would stop at nothing… not even threatening Robert De Niro with destroying his professional career or possibly his life or family.

This is the vaccine mafia at work: Threatening people into silence, censoring a powerful documentary, leveling secret accusations in secret meetings, all while ridiculously claiming they alone have a monopoly on scientific truth which can never be challenged, debated or even questioned by anyone.

The mainstream media just committed credibility suicide… everybody knows they’re covering up the truth about vaccines
In the coverage of all this, we just witnessed the mainstream media committing CREDIBILITY SUICIDE. The entire media just followed in the footsteps of North Korea or Communist China, ordering a film festival to censor a documentary that’s so powerful, it threatens the cascade of lies propping up the fraudulent vaccine industry and all its hidden truths (that are about to be exposed).

The same Tribeca Film Festival that happily previewed films like “37 USES FOR A DEAD SHEEP” and “TICKED-OFF TRANNIES WITH KNIVES” has decided that the VAXXED documentary is too dangerous for the public to be allowed to view. But this was not a decision reached with rationality and truth: It was arrived at via the process of media totalitarianism — intimidation and threats aimed at Robert De Niro to force him to silence this film and withdraw it from the festival.

And so for daring to support freedom of expression on this monumental issue the vaccine-pimping media has desperately tried to conceal, De Niro finds himself in a firestorm of accusations and condemnation by the very same media that also blackballed every single story about CDC whistleblower Dr. William Thompson.

What’s so dangerous in this film that no citizen shall be allowed to view it?
Meanwhile, every thinking American has now come to the realization that the vaccine industry is run like a MAFIA and is wholly incapable of withstanding even a single low-budget documentary that, frankly, few people would have ever heard about if not for this outrageous censorship effort. Now, the American people are asking the commonsense question: “What’s so dangerous in this VAXXED film that we aren’t allowed to see it?”

Does the film show people being beheaded by terrorists in bloody machete scenes? Nope, for that you have to watch CNN and other mainstream media outlets.

Does the film feature lunatic quacks spouting total nonsense and gobbledygook? Nope, because if it did, the vaccine industry would want EVERYONE to watch it!

Does the film fabricate total lies and present them as truth? Nope, to see that, you have to watch all the leftist Hollywood revisionist history films like “TRUTH” (which is full of lies, paradoxically).

VAXXED, it turns out, is dangerous because it is credible. It is being attacked and censored precisely because it threatens to crumble the great scientific Berlin Wall of the vaccine industry… an industry built almost entirely on lies, cover-ups, censorship and systematic intimidation.

In fact, all this is on full display right now as you watch this story unfold. The media obediently attacks De Niro while vaccine totalitarians demand absolute censorship of a film they’ve never even seen. They can’t name in particular statement in the film that’s dangerous or false; they are attacking the entire film by essentially demanding that no questions ever be allowed to be asked about vaccine safety. Just the mere existence of the film is, all by itself, a serious threat to the entire vaccine industry.

All this, of course, is nothing short of “scientific intolerance” and cognitive bigotry on parade. For the vaccine industry to even claim that its products are backed by “science” is wholly laughable. Real science, as everyone knows, is unafraid of scrutiny and debate. Real science welcomes debate because real science can defend itself. Any industry claiming to have “science” on its side which is simultaneously terrified of a scientific discussion isn’t based on science at all.

We are now living in a scientific dictatorship run by the very same corporations that are systematically poisoning our children
If you ever needed a reason to see the VAXXED documentary, you now have the best reason of all: This is the film that you’re never supposed to be allowed to witness with your own eyes.

In a film industry filled with wanton violence, on-screen rapings, beheadings, bloody war scenes and scenes of torture, the single most dangerous film you’re not allowed to see is one that presents an idea.

That idea is based on a simple scientific truth about vaccine dangers, and it’s considered so dangerous to the vaccine establishment that it must be banned at all costs, even if it means threatening Robert De Niro with being destroyed or perhaps even physically harmed.

When the vaccine industry resorts to outright censorship and intimidation tactics against film organizers, you know they have something extremely damning to hide. It’s so damning that the mere utterance of a few words in the film apparently threatens to destroy the entire cesspool of lies upon which the vaccine industry was built. Words of truth are so dangerous to the vaccine industry that all such words must never be uttered on film, lest people wake up to the reality that their own children are being systematically poisoned, maimed and killed — knowingly! — by the vaccine industry and its toxic interventions.

Remember: If they can get to Robert De Niro, formerly a champion of free speech and freedom of expression, they will go after anyone and attempt anything that it takes. If they have to call in bomb threats against theaters to have them evacuated, that’s exactly what the vaccine industry will do. If they have to threaten film festival producers with murder — or threaten their families with bodily harm — they’ll do that, too. There is no tactic outside the bounds of an industry that already engages in the widespread maiming and murder of children. If they will kill your child with their vaccines, in other words, they’ll think nothing of threatening a guy like Robert De Niro to get him to participate in their cover-up.

Follow Natural News for breaking news update on all this. I am in direct touch with the film producers, and I am being kept informed of next steps in this epic battle for free speech and scientific truth.

Learn more about VAXXED and vaccines at the following links:

The official VAXXED documentary website (and trailer)

Home

The official VAXXED documentary Facebook page:
https://www.facebook.com/vaxxedthemovie/

Vaccines.news

JPMorgan Chase Bank Fines Do Nothing to Them

I was working on something today, and saw that I needed to add some references (footnotes) to support what I was saying. It had to do with JPMorgan Chase Bank, and the fines for violations concerning robo-signing, lying, cheating, stealing homes, and the like. All related to foreclosures of course.

When I began adding the references for my allegations, I almost fell off my chair. I could not believe the fines and the violations, and yet, they continue on, to this very day. The only thing that Chase has learned from all the fines for violations, is that they make enough money, that the fines don’t matter. If anything else had come of it, as in, it hurt them financially, they would have quit with all the violations.
As it turns out, attorneys for these banks have gotten worse. It is ruining the legal profession. If the courts would stand up and make those that should be held accountable, accountable, the foreclosures would have ended. So, it has also ruined the court system for their failure to the citizens of the states and country.
http://s25.postimg.org/ze1twuhu7/is_CDBx_Oy_Hkyno_GSsgx_Oz_TCmykgo7_D_Dsbu_N6nx_ELu_AK48_h.jpgForeclosure hell has only taught the people that have lost their homes. And what pray tell did those people learn other than they will never be able to purchase another home? That you cannot trust attorneys, you cannot trust the courts, and by God you had better never trust the lender. In other words, the world around you is corrupt as hell, and no one, except you, the borrower is accountable for anything.

Just a sampling of fines levied against JPMorgan Chase Bank:
2008: Unpacking the JPMorgan Chase scandals; $30 billion in fines and counting — and this monster bank still got off lightly!: http://www.socialism.com/drupal-6.8/articles/unpacking-jpmorgan-chase-scandals
June 2011: Misleading CDO Investments: http://www.dividend.com/dividend-education/a-brief-history-of-jp-morgans-massive-fines-jpm/;
July 7, 2011: Conduct in Municipal Bonds $228 Million: http://www.dividend.com/dividend-education/a-brief-history-of-jp-morgans-massive-fines-jpm/;
February 9, 2012: Foreclosure Abuses and “Robo-Signing” $5.29 Billion: http://www.dividend.com/dividend-education/a-brief-history-of-jp-morgans-massive-fines-jpm/;
November 16, 2012: $269.9 Million: More Mortgage Misrepresentations: http://www.dividend.com/dividend-education/a-brief-history-of-jp-morgans-massive-fines-jpm/;
January 2013: $1.8 Billion: Improper Foreclosures: http://www.dividend.com/dividend-education/a-brief-history-of-jp-morgans-massive-fines-jpm/;
October 25, 2013: $5.1 Billion: Fannie and Freddie Fines: http://www.dividend.com/dividend-education/a-brief-history-of-jp-morgans-massive-fines-jpm/;
Nov. 2013: JPMorgan agrees $13 billion settlement with U.S. over bad mortgages; http://www.reuters.com/article/us-jpmorgan-settlement-idUSBRE9AI0OA20131120;
November 15, 2013: $4.5 Billion: Mortgage Securities: http://www.dividend.com/dividend-education/a-brief-history-of-jp-morgans-massive-fines-jpm/;
January 2014: JPMorgan Chase Fines Exceed $2 Billion: http://www.bankinfosecurity.com/chase-a-6356;
January 06, 2014: Madoff Scandal: $1.7 Billion: http://www.dividend.com/dividend-education/a-brief-history-of-jp-morgans-massive-fines-jpm/;
November 11, 2014: Currency Manipulation (stock price): $1.34 Billion: http://www.dividend.com/dividend-education/a-brief-history-of-jp-morgans-massive-fines-jpm/;
March 2015: Chase has paid $38 Billion in 22 settlements from 2009 through March of 2015: http://www.dispatch.com/content/stories/business/2015/07/16/fine-despite-fines.html;
July 2015: JPMorgan Chase fined $136M over how it collects debts: http://www.npr.org/sections/thetwo-way/2015/07/08/421277881/jpmorgan-chase-fined-136m-over-how-it-collects-debt;
July 8, 2015: Chase fined $216M over debt collection: http://www.bankrate.com/financing/credit-cards/chase-fined-216m-over-debt-collection/;
December 2015: JPMorgan Admits It Didn’t Tell Clients About Conflicts $300M: http://www.bloomberg.com/news/articles/2015-12-18/jpmorgan-pays-267-million-to-settle-conflict-of-interest-claims;
January 2016: JPMorgan Chase Fined $48Million for Failing to Comply With Robosigning Settlement: https://consumerist.com/2016/01/05/jpmorgan-chase-fined-48-million-for-failing-to-comply-with-robosigning-settlement/;

And it goes on. There are many that I missed, in my hurry to get this done.
And in the end, the buck stops with the Courts, U.S. Attorneys and District Attorneys for not throwing the lot of their asses in the clink!

OPINION: The heightened pleading standard established in 2009 is based on faulty propositions. Arthur H. Bryant, The National Law Journal


National Law Journal
http://www.nationallawjournal.com/printerfriendly/id=1202758245088

‘Iqbal’ Brings Seven Years of Bad Luck for Plaintiffs

OPINION: The heightened pleading standard established in 2009 is based on faulty propositions.
Arthur H. Bryant, The National Law Journal
May 23, 2016

The seventh anniversary of the U.S. Supreme Court’s 2009 decision in Ashcroft v. Iqbal was May 18. It’s a date that should live in infamy.
A 5-4 decision, Iqbal ignored reality — and the fact that truth is stranger than fiction. It flouted the process for amending the Federal Rules of Civil Procedure. And it particularly limited access to justice for civil rights, employment discrimination and individual plaintiffs.
Seventy years before Iqbal, in 1938, the Federal Rules were adopted to get rid of “fact” pleading, which the rule-makers thought “led to wasteful disputes about distinctions that … were arbitrary or metaphysical, too often cutting off adjudication on the merits.” Under the new Rule 8, to start a lawsuit, the plaintiff had to file a complaint with “a short and plain statement of the claim showing the pleader is entitled to relief.”
As the court later explained in Conley v. Gibson, the complaint did not have to “set out the facts in detail.” It just had to give the defendant “fair notice of what the plaintiff’s claim is and the grounds upon which it rests.” A motion to dismiss would only be granted if “it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Then, the plaintiff could take discovery, to find out what the defendant and other relevant people knew and when they knew it. After that, the court would determine whether there was sufficient proof to require a trial.
In Iqbal, the court rejected a complaint alleging that high-level U.S. officials had a Pakistani Muslim and thousands of other Arab men illegally arrested and detained after the 9/11 attacks because of “their race, religion, and national origin … and not because of any evidence” of their “involvement in supporting terrorist activity.”
To do so, the court changed the rules. It held that, from now on, to “survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Dismissal no longer turned on whether the complaint provided “fair notice” to the defendant; it turned on whether the claim was “plausible on its face.” How were judges to determine that? By drawing on their “judicial experience and common sense.”
Motions to dismiss were immediately filed throughout the federal courts. Judges’ and lawyers’ workloads increased enormously. The lower courts and lawyers are still struggling to figure out how the new system is supposed to work — and, if they can, make it fair.
For three reasons, however, it’s become increasingly clear that Iqbal was a mistake.
First, whatever one thinks about the allegations in the case, the Iqbal pleading standard is based on a proposition — allegations probably aren’t true if they’re not plausible on their face — that is false. Reality keeps teaching us that. None of us, including federal judges using their “judicial experience and common sense,” would have believed that any of the following was plausible a few years ago:
• Donald Trump would be the presumptive Republican Party nominee for president of the United States of America.
• A prominent candidate for president would propose banning all Muslims from entering America or call women “fat pigs,” “dogs” and “disgusting animals.”
• Same-sex marriage would be legal nationwide.
• The U.S. government would obtain and be able to search virtually all Ameri­cans’ phone records.
• Olympic champion Bruce Jenner would become a woman, Caitlyn Jenner.
• Federal, state and local governments would battle over what kind of bathroom people such as Caitlyn Jenner could use.
Similar implausible things happen every day.
Second, Iqbal effectively rewrote the Federal Rules without following the legally established rules for amending them. Under the Rules Enabling Act, before rules are changed, detailed procedures must be followed involving the Advisory Committees to the U.S. Judicial Con­ference’s Standing Committee on Rules of Practice and Procedure; the Standing Committee itself; notice to and comment from lawyers, judges and the public; the U.S. Judicial Conference; the Supreme Court; and Congress — so the changes are fully considered and fair.
In 2002, the court unanimously rejected a company’s plea for a heightened pleading standard in employment discrimination cases, saying that result “must be obtained by the process of amending the Federal Rules, and not judicial interpretation.” It should have said that in Iqbal, too.
Third, Iqbal is especially harmful to civil rights, employment discrimination and individual plaintiffs. Last year, the most comprehensive study of Iqbal’s effects, “Measuring the Impact of Plausi­bility Pleading,” was published in the Virginia Law Review. It found that Iqbal increased dismissals of most cases by 10 percent, but employment discrimination and civil rights cases much more (16 percent and 19 percent, respectively). Cases filed by individuals were also dismissed far more often (18 percent), but not cases filed by corporations.
In theory, this could mean that only bad cases were dismissed more promptly. But, if that were true, a higher percentage of the cases remaining in court would succeed. They didn’t. These plaintiffs were just disproportionately denied a chance to prove their claims.
The high court should reverse the Iqbal decision. Whether cases proceed should turn on the facts and the law, not on whether judges think the allegations are plausible.
Arthur H. Bryant is the chairman of Public Justice, a national public interest law firm dedicated to advancing and preserving access to justice. His practice focuses on consumers’ rights, workers’ rights, civil rights, environmental protection, and corporate and government accountability.

The Scary TRUTH About Fukushima (Fukushima Exposed Full Documentary: Deception/End Times 2015)


If you don’t do anything else productive this week, do me one small favor, go here:

watch this youtube video, and learn the truth. I have been trying to tell people for the last 5 years, and cannot get enough people to listen, or believe the truth.
The US govt., the Japanese govt., are not going to tell you the truth. Every time I see someone letting their kids play in the rain, I want to walk up and slap them for their stupidity, then have to remember that no one has told them the truth. The news media, the govt, they all know the truth. Let’s just go about our daily lives, and ignore the situation.
Cancer has already been running rampant, the statistics show that it will take 15-17 years from March 11, 2011 to hit most people in the US. So much time will have passed since the triple – 100% meltdowns, that most peopel will not put 2 + 2 together to make 4. 2 + 2 by then, will be equal to 5.

Watch:
The Scary TRUTH About Fukushima (Fukushima Exposed Full Documentary: Deception/End Times 2015)

So along with the chemtrails dumbing people down, helping them stay asleep, together with the deadly fluoride in the water, keep IQs that of a snail, and vaccines causing autism, all the more to black and hispanic males, most peopel in the US will contract cancer and never put it all together. Their children born with autism, their reproduction possibilities deteriorated, and never know what hit them.

Wake up you bunch of idiots, and smell the cesium, the strotium, tritium, and all the other radiations taking hold of your bodies. You cannot see radiation, you cannot smell it, you cannot feel it. It bioaccumulates in your bodies, and is a slow and horrible death.

How many people continued eating seafood? Wow! How many continued eating vegetables grown in California? How many people continued living on the California Coast? How many people go surfing in the Pacific? It only took 3-6 days from the March 11, 2011 triple melt down to reach the California coast.

Has anyone bothered to look at some of the pix of dead whales that have washed up on California beaches? How can the govt not tell these people living along the Pacific Ocean that their kids have been conaminated to the point that their grandchildren will not look anything like a human? The extent of our exposure is sickening, and no one cares, they won’t even listen.

No wonder they want to start confiscating our guns now. They know that when people learn the truth, some of the people are going to rebel. I watched a video recently that showed Hillary Clinton had the March 11, 2011 emails to her telling her to stay inside for the next three days. She knew all about what had happened and the extent of contamination. Japan passe secrecy laws to keep the people from talking about it. Media personnel that spoke of it, disappeared.

The births of the next couple of generations will be heartbreaking, horrors fit for horror movies. God Help Us All!

Judge Says FBI’s Hacking Tool Deployed In Child Porn Investigation Is An Illegal Search

Judge Says FBI’s Hacking Tool Deployed In Child Porn Investigation Is An Illegal Search

http://abovethelaw.com/2016/04/judge-says-fbis-hacking-tool-deployed-in-child-porn-investigation-is-an-illegal-search/

The judicial system doesn’t seem to have a problem with the FBI acting as admins for child porn sites while conducting investigations. After all, judges have seen worse. They’ve OK’ed the FBI’s hiring of a “heroin-addicted prostitute” to seduce an investigation target into selling drugs to undercover agents. Judges have, for the most part, allowed the ATF to bust people for robbing fake drug houses containing zero drugs — even when the actual robbery has never taken place. Judges have also found nothing wrong with law enforcement creating its own “pedophilic organization,” recruiting members and encouraging them to create child pornography.
So, when the FBI ran a child porn site for two weeks last year, its position as a child porn middleman was never considered to be a problem. The “network investigative technique” (NIT) it used to obtain identifying information about anonymous site visitors and their computer hardware, however, has resulted in a few problems for the agency.
While the FBI has been able to fend off one defendant’s attempt to suppress evidence out in Washington, it has just seen its evidence disappear in another case related to its NIT and the “PlayPen” child porn site it seized (and ran) last year.
What troubles the court isn’t the FBI acting as a child porn conduit in exchange for unmasking Tor users. What bothers the court is the reach of its NIT, which extends far outside the jurisdiction of the magistrate judge who granted the FBI’s search warrants. This decision benefits defendant Alex Levin of Massachusetts directly. But it could also pay off for Jay Michaud in Washington.
The warrants were issued in Virginia, which is where the seized server resided during the FBI’s spyware-based investigation. Levin, like Michaud, does not reside in the district where the warrant was issued (Virginia – Eastern District) and where the search was supposed to be undertaken. As Judge William Young explains, the FBI’s failure to restrict itself to the location where the NIT warrants were issued makes them worthless pieces of paper outside of that district. (via Chris Soghoian)

The government argues for a liberal construction of Rule 41(b) that would authorize the type of search that occurred here pursuant to the NIT Warrant. See Gov’t’s Resp. 18-20. Specifically, it argues that subsections (1), (2), and (4) of Rule 41(b) are each sufficient to support the magistrate judge’s issuance of the NIT Warrant. Id. This Court is unpersuaded by the government’s arguments. Because the NIT Warrant purported to authorize a search of property located outside the Eastern District of Virginia, and because none of the exceptions to the general territorial limitation of Rule 41(b)(1) applies, the Court holds that the magistrate judge lacked authority under Rule 41(b) to issue the NIT Warrant.

The government deployed some spectacular theories in its effort to salvage these warrants, but the court is having none of it.

The government advances two distinct lines of argument as to why Rule 41(b)(1) authorizes the NIT Warrant. One is that all of the property that was searched pursuant to the NIT Warrant was actually located within the Eastern District of Virginia, where the magistrate judge sat: since Levin — as a user of Website A — “retrieved the NIT from a server in the Eastern District of Virginia, and the NIT sent [Levin’s] network information back to a server in that district,” the government argues the search it conducted pursuant to the NIT Warrant properly can be understood as occurring within the Eastern District of Virginia. Gov’t’s Resp. 20. This is nothing but a strained, after-the-fact rationalization.

As the government attempts to portray it, the search was wholly contained in Virginia because the NIT was distributed by the seized server in the FBI’s control. But, as the judge notes, the searchitself — via the NIT — did not occur in Virginia. The NIT may have originated there, but without grabbing info and data from Levin’s computer in Massachusetts, the FBI would have nothing to use against the defendant.

That the Website A server is located in the Eastern District of Virginia is, for purposes of Rule 41(b)(1), immaterial, since it is not the server itself from which the relevant information was sought.

And, according to Judge Young, that’s exactly what the FBI has now: nothing.

The Court concludes that the violation at issue here is distinct from the technical Rule 41 violations that have been deemed insufficient to warrant suppression in past cases, and, in any event, Levin was prejudiced by the violation. Moreover, the Court holds that the good-faith exception is inapplicable because the warrant at issue here was void ab initio.

The judge has more to say about the FBI’s last ditch attempt to have the “good faith exception” salvage its invalid searches.

Even were the Court to hold that the good-faith exception could apply to circumstances involving a search pursuant to a warrant issued without jurisdiction, it would decline to rule such exception applicable here. For one, it was not objectively reasonable for law enforcement — particularly “a veteran FBI agent with 19 years of federal law enforcement experience[,]” Gov’t’s Resp. 7-8 — to believe that the NIT Warrant was properly issued considering the plain mandate of Rule 41(b).

The court doesn’t have a problem with NITs or the FBI’s decision to spend two weeks operating a seized child porn server. But it does have a problem with the government getting warrants signed in one jurisdiction and using them everywhere but.
The decision here could call into question other such warrants used extraterritorially, like the DEA’s dozens of wiretap warrants obtained in California but used to eavesdrop on targets located on the other side of the country. And it may help Jay Michaud in his case, seeing as he resides a few thousand miles away from where the search was supposedly performed.