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Morning Brief: U.S. Court Challenges Constitutionality of NSA Surveillance

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Tuesday, December 17, 2013 Follow FP: Facebook Twitter RSS

U.S. Court Challenges Constitutionality of NSA Surveillance

Top News: On Monday, a U.S. federal district court ruled that the extent of the National Security Agency's surveillance programs "surely...infringes on 'that degree of privacy' that the founders enshrined in the Fourth Amendment." It is the first successful legal challenge to the NSA's program since leaks about the programs began in June.

The decision was issued by George W. Bush appointee Judge Richard Leon, who noted that the court case that set the precedent for much of the NSA's surveillance predates the rise of cell phones and the Internet, the ubiquity of which has changed the extent and capability of the NSA's surveillance. Leon did not issue an injunction to halt the surveillance programs because the certainty that the Obama administration would argue against it. The case will now likely be heard by an appeals court.

The successful challenge to the NSA was partly attributed to the leaks of former NSA contractor Edward Snowden. "Thanks to Snowden," Stephen Vladeck, a professor at American University's College of Law, told Foreign Policy, "the government is not really in a position to tell the D.C. Circuit, 'You can't reach the merits [of this case] because of state secrets,'"

Syria: The U.S. State Department is considering engaging with Syria's Islamic Front, a coalition of rebels that includes hardline Salafist rebels. While State officials see the potential relationship as a pragmatic response to Islamic Front seizures of territory from other Syrian rebels, others are wary of providing support to jihadist groups.


Americas

  • The U.S. Senate confirmed former Department of Defense lawyer Jeh Johnson as the new secretary of homeland security.
  • Jacob Ostreicher, a U.S. citizen detained for two years in Bolivia on suspicion of money laundering, has been returned to the United States.
  • Leaker and former NSA contractor Edward Snowden has written a letter to Brazil offering help investigating U.S. spying operations there in exchange for asylum.

Asia

  • China blamed clashes in Xinjiang province that left 16 dead over the weekend on premeditated terrorist acts.
  • Japan announced a new five-year defense plan that will increase spending on security forces by 5 percent, focusing on capabilities to confront China in contested waters.
  • During his visit to Vietnam and the Philippines, Secretary of State John Kerry announced millions of dollars in new aid to help build the capacity of U.S. partners to patrol the East and South China Sea.

Middle East

  • If an Israeli-Palestinian peace agreement is reached, European Union ministers announced Monday, Europe would extend "unprecedented" support, including preferential trade agreements.
  • The Yemeni parliament voted nearly unanimously in favor of a symbolic measure calling for an end to U.S. drone strikes in Yemen after a missile struck a wedding convoy last week.
  • The United States released two inmates at Guantanamo Bay to Saudi custody; 160 inmates remain at the troubled detention facility.

Africa

  • Despite apparent calm on Monday afternoon, gunfire erupted in Juba last night a day after the government there said it has suppressed a coup led by loyalists to the country's former vice president.
  • The United Nations announced that more than 1,200 people have been killed in the recent spate of violence by Boko Haram since a state of emergency was declared in Nigeria in May.
  • In a further strange wrinkle to the story of the fraudulent sign language interpreter at the memorial for Nelson Mandela, the interpreter has now been implicated in burning two men to death.

Europe

  • The United States communicated to Russia its unease at a recent transfer of missiles to the Baltic outpost of Kaliningrad, which U.S. officials worry could contribute to destabilization in Eastern Europe.
  • The German Bundestag confirmed Angela Merkel as chancellor for a third term at the head of a large coalition of the Christian Democrat and Social Democrat parties.
  • Ukrainian President Viktor Yanukovych will visit the Kremlin today to meet with Russian President Vladimir Putin and discuss a finance and trade agreement alternative to the E.U. deal.

-By J. Dana Stuster

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