This CATO article highlights Kavanaugh’s deference to the apparatchiks of the national security state and his contempt for the “right of the people to be secure in their persons, houses, papers, and effects,” regarding the bulk collection of telephony metadata.
The CATO article quotes Kavanaugh’s opinion from 2015:
The Fourth Amendment allows governmental searches and seizures without individualized suspicion when the Government demonstrates a sufficient “special need” – that is, a need beyond the normal need for law enforcement – that outweighs the intrusion on individual liberty
Now, I have read the Fourth Amendment, and I haven’t seen anything in there about “special need” of government law enforcement that “outweighs” the right to be secure.
The Fourth Amendment states: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
Does the Fourth Amendment say, “except for a special need of law enforcement”? Nope.
Kavanaugh writes (with my comments inserted):
In my view, that critical national security need outweighs the impact on privacy occasioned by this program. The Government’s program does not capture the content of communications [Yes it does, with phone calls and emails as well!], but rather the time and duration of calls, and the numbers called.
Besides being ignorant of the feds’ ongoing criminal intrusions against innocent people, Kavanaugh also cites “drug testing of students, roadblocks to detect drunk drivers, border checkpoints, and security screening at airports” as examples of allowable violations of the Fourth Amendment.
So I guess this Kavanaugh person is just not a freedom guy, not a presumption of innocence guy. He doesn’t get America as was intended to be by the Revolutionaries, and certainly doesn’t get the Fourth Amendment. Kavanaugh is really just another authoritarian who believes that the sheeple do not have “unalienable rights” to life and liberty, we are just serfs under the rulers’ control, and must obediently allow the government goons to stop us without a reason to suspect us of anything, search our cars, search our phone calls and emails, and go on fishing expeditions.
I don’t know if Kavanaugh has studied or learned anything from the Soviet Union or similar societies. But when you allow government rulers the kind of access into the people’s private lives, their persons, property, homes, cars, papers, and effects, especially without any actual reason to suspect someone of something criminal against others, you will get more than just intrusions. You will get the kind of abuses that we have seen from the U.S. government goons in their going after the Trump campaign and Trump as president, and in their and other federal and local agencies’ infiltration and/or persecution of activist groups such as Occupy Wall Street, Tea Party groups, antiwar activists, critics of the police state, gamers, Microsoft users, high school students, innocent homeowners, shoppers, school kids, minorities, airline travelers, journalists, videographers, Twitter users, and the spies, illegal searchers and infiltrators’ own fellow government bureaucrats as well. The list of government’s victims is endless!
Say “No!” to Judge Kavanaugh, and all the other apparatchiks of the police state. Trump would do much better by nominating Judge Andrew Napolitano or anyone else who understands the dangers we are in with the Soviet-like police state that MUST be dismantled ASAP!