Very simple. Does the Constitution matter? Do laws count? Or does the government, and/or its favored ideological friends or business interests, get to pick and choose compliance?
Amendment IV
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.
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That's it! Short and to the point. No exceptions for "secrets" or "National Security Interest." No exceptions. None.
AT&T (and the NSA) have a simple task to win against the plaintiffs, in the case brought by the Electronic Frontier Foundation. No lengthy examination of details need transpire nor alleged government secrets need even be discussed. It should take about one minute for the judge to ask, and for AT&T to answer, two questions.
Were records transferred, yes or no?
If yes, show the warrant.
Simple. Nothing else is at issue. Nothing!
Either no records were in fact turned over at all in violation of any statutory prohibition against records transfer, such as the relevant portion of the Electronic Communications Privacy Act (the Stored Communications Act). Or a warrant was properly issued by the NSA, requiring At&T to provide the phone records in question.
Were records transferred, yes or no?
If yes, show the warrant.
If records were transferred, without warrant or compliance to law, AT&T loses. It's that simple. That's it. There are no other issues.
Either the Fourth Amendment means what it says or the Constitution does not matter.
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