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Repeal FISA, by Kelb, Inc.


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Kelb, Keep The Ethical Light Burning, Inc.,
keepkelb.wordpress.com, is working to repeal the Foreign Intelligence Surveillance
Act, FISA (Title 50, Chapter 36). In our work in advocacy against
non-consensual experimentation, it seems that some survivors may be on that
list. Activists, human rights workers and civil rights workers may also be on
these secret lists. We believe the very act itself, is violative,
unconstitutional and denies due process and Fourth Amendment rights. Please
sign our petition, join us and support this activity – the repeal of FISA and
presentation of the names on the FISA list. 


The Foreign Intelligence Surveillance Act, FISA seems a rebirth of
the Cointelpro program and the Blacklist.  The elements of each are the
same.  One’s placement in any of those programs is based on a subjective
interpretation of everyday common events, at some point deemed anti-American or
subversive (without a judge or jury). These same activities, originally called
Cointelpro, now, have become secret, through Title 50 Chapter 36.


To be placed on the Blacklist (1956), an innocent comment, such as
actor Will Geer made, praising the Russian theater, resulted in him being
placed on the Blacklist.  This negatively impacted his acting career.
Lucille Ball’s grandfather was on a Communist Party roll.  That got her
placed on the “List”.  Similarly, in 2018, with FISA enacted, it is
possible that one’s conversation with an Afghanistani or Iranian  taxi
driver, about life and war, and one’s perceptions, could get one on the FISA
list. 


We all have thoughts on the theater, Russian or other, life, and
war.  Should voicing them, put U.S. military intelligence in our bedrooms
– and put us at the risk of directed energy surveillance devices/ weapons,
which DARPA furnishes to military contractors doing the surveillance, as
allowed by Title 50, Chapter 36? 1. 


Normally, warrants require “probable cause”, that a crime is being
planned or committed.  But FISA warrants do not.  They require only
that the FBI show probable cause to believe that “the target of the electronic
surveillance is a foreign power or an agent of a foreign power.”2.  This
was the same prerequisite of the earlier Cointelpro activities.  Will Geer
praised the Russian theater, therefore, “he must be a Communist.”  Flawed
reasoning, then, had these people placed on a “list”, resulting in their lives
and careers, being ruined.


Ramasastry at Findlaw, writes of this non-evidential process
leading to surveillance: “Amazingly, even if the defendants move to suppress
evidence resulting from the wiretaps and microphones from being offered at
trial, they may still not have a chance to see the warrant applicants. 
The government will show them only to a “FISA Judge” – along with the
underlying evidence, and an affidavit from the U.S. Attorney General’s Office
stating that releasing the material would harm national security.


Without the benefit of adversary briefing, the judge will then
rule on whether the warrants satisfied the law.  Defendants will still
remain in the dark – and when the motion is decided, they’ll receive yet
another ruling based on secret evidence.” 3.  IBID


All of the elements of Cointelpro, are present in FISA, only they
have become secret.  Placement on the FISA list takes the place of
individual warrants and these people are accused of no crime.  Those acts
which infringe  rights for a criminal thief, or drug dealer, in the FISA
situation, can occur, to unknowing uncharged citizens.  – this
infringement/denial of rights, under FISA, includes due process and Fourth
Amendment rights. 


We seek repeal of FISA.  It violates due process and the
Fourth Amendment. It is a re-engagement of Cointelpro activities deemed
illegal, by directive and case law. We seek full disclosure and transparency of
the names on the list. Cointelpro –type acts are now encoded and secret under
FISA.  For these compelling reasons, we seek its repeal.  


These definitions of terroristic acts and persons include much
conditional language; such as “are about to involve”, “activities that are in
preparation for”, “when circumstances indicate that a person may engage in such
activities”.  There is much conditional language in these definitions.


It would seem that a person “may” be “about” to engage in some
questionable activity, or possibly he/she is following his religion, a set of
beliefs, practices, different from the U.S. norm, yet not necessarily, with an
intentional criminal outcome.  These acts might be interpreted in many
ways.  Yet nothing in this code, FISA, allows for differing interpretation
of agent reports, which might indicate innocence of the “charges”. 


There is no “layer” of definition, of “reasoning”, including known
and accepted legal reasoning, in this code.  If it appears one “may”
engage in a questionable act, that seems to be enough to have him “convicted”
in this secret court, setting him up for years of warrantless, surreptitious surveillance
– for an act or acts may be harmless, innocent. Legally, this is an unusual and
legally questionable method of determining criminality. 


Displaying a tattoo that says, “kill”, does not mean that the
wearer is a killer.  It seems it would be easy to lose this distinction
with some of these conditional FISA definitions. 


The Hollywood blacklist, was the practice of denying employment to
screenwriters and other American entertainment professionals during the
mid-twentieth Century, because they were accused of having communist ties or
sympathies.  The blacklist was rarely made explicit or verifiable, but it
directly damaged the careers of scores of individuals working in the film
industry.


Mississippi congressman John E. Rankin, a member of HUAC, held a
press conference to declare that “one of the most dangerous plots ever
instigated for the overthrow of this Government has its headquarters in
Hollywood … and the greatest hotbed of subversive activities in the United
States”.  Rankin promised, “We’re on the trail of the tarantula now.
8.  Lucille Ball, Eddie Albert, Pete Seeger, Lee Grant, Orson Wells and
many others, were similarly blacklisted.


To be on the blacklist was both invasive and harmful.  People
were fired, unable to get rehired and prevented from working in their fields.
Marriages were broken up and families destroyed.  Miller was married
twice.   Singer Pete Seeger moved to Beacon, NY, built his house by
hand and scheduled his own performances, singing children’s songs to get
scheduled, as the blacklist placement began to impact him and his singing
career. 


When the U.S. Army was under investigation for communist
activities, the Army’s lawyer, Joseph Welch, asked Senator  McCarthy,
“Have you no sense of decency, sir, at long last?”  A week later, the
hearings into the Army’s “communist infiltrations” came to a close. 
McCarthy was officially condemned by the U.S. Senate for contempt against his
colleagues .  The list was closed out in 1960.


Later the Church Senate Subcomittee  would find the
companion, FBI’s subversive programs Cointelpro illegal.


Some of  the Blacklisted artists and others, openly discussed
topics characterized, then, as “Socialist “ and “Communist”. They spoke of
inexpensive medical help for the poor, help for economically disadvantaged
women with children, inexpensive housing and methods of surviving in a
competitive, “middle class society”.  Discussions such as these, in those
years, could well be, and often was, considered, subversive.


In later years, these topics would be openly discussed.  FDR
instituted a welfare system for dependent persons in 1930.  In the
1960’s,  Lyndon B. Johnson began the “Great Society” to raise the
standards of living for poor people. These became American law.  Certain
socialist concepts became the very fabric of American law.  Ironically,
support of these principles, the cause of the intentional destruction of these
American men and women’s lives, became written into American law.


As the Blacklist and House Committee on UnAmerican Activities was
created and used, Cointelpro developed, along with it, for the same reasons and
purposes.  Hoover interpreted 50 USCA Section 841, the Communist Control
Act, to validate these activities. 


Between 1956 and 1971, the Federal Bureau of Investigation (FBI) conducted
a campaign of domestic counterintelligence. The agency’s Domestic Intelligence
Division did more than simply spy on U.S. citizens and their organizations; its
ultimate goal was to disrupt, discredit, and destroy certain political groups.
The division’s operations were formally known within the bureau as COINTELPRO
(the Counterintelligence Program). The brainchild of former FBI director J.
Edgar Hoover, the first Cointelpro campaign targeted the U.S. Communist party
in the mid-1950s. More organizations came under attack in the 1960s. FBI agents
worked to subvert civil rights groups, radical organizations, and white
supremacists. Cointelpro existed primarily because of Director Hoover’s extreme
politics and ended only when he feared its exposure by his critics. A public
uproar followed revelations in the news media in the early 1970s, and
congressional hearings criticized Cointelpro campaigns in 1976. 9.


In 1956 Hoover interpreted a recent federal law—the Communist
Control Act of 1954 (50 U.S.C.A. § 841)—as legal justification for the
Blacklist and acts of Cointelpro.


Cases, concerning really strong violations of due process, our
constitution and felony law, began to arise after Cointelpro was used to
apparently harm and discredit Americans, who were causing no actual harm.


In cases, Handschu, The Socialist Party, and others, Cointelpro
acts are found to be illegal.  The Socialist Party was heavily harassed
including, as per their case, “disruption, surreptitious entries, use of
informants and electronic surveillance…” These seemed the acts the FBI and
other intelligence agencies were involved in.


The Handshu agreement, (agreement made, 1971) or decree, was the
result of a class-action lawsuit filed against the City of New York, its Police
Commissioner and the Intelligence Division of the New York City Police
Department (NYPD) on behalf of Barbara Handschu and fifteen other plaintiffs
affiliated with various political or ideological associations and
organizations, known as Handschu v. Special Services Division, 605 F.Supp.
1384, affirmed 787 F.2d 828.[3] The plaintiffs claimed that “informers and
infiltrators provoked, solicited and induced members of lawful political and
social groups to engage in unlawful activities”; that files were maintained
with respect to “persons, places, and activities entirely unrelated to
legitimate law enforcement purposes, such as those attending meetings of lawful
organizations”; and that information from these files was made available to
academic institutions, prospective employers, licensing agencies and others. In
addition, plaintiffs protested seven types of police misconduct: (1) the use of
informers; (2) infiltration; (3) interrogation; (4) overt surveillance; (5)
summary punishment; (6) intelligence gathering; and (7) electronic
surveillance, and alleged that these police practices which punished and
repressed lawful dissent had had a “chilling effect” upon the exercise of
freedom of speech, assembly and association, that they violated constitutional
prohibitions against unreasonable searches and seizures, and that they abridged
rights of privacy and due process.12.


In this case and similar cases, suh as Bivens and Social Worker’s
Party, the acts and intentions of the Cointelpro program of the U.S. intelligence
agencies, were found to be legally violative and illegal under American
law.  


Later, similarly in the FISA, the loss of due process and ability
to answer charges the legal reasoning or any reasoning step attempted in the
name of fairness or due process, is similarly eliminated. This violates the
very basic tenants of our court system – the ability of the accused to face his
accuser.


One noteworthy victim of Cointelpro activities was the actress
Jean Seberg and her subsequent suicide.  13.   Because of her
support for the Black Panther Party, actress Jean Seberg was targeted for
‘neutralization’ by the FBI’s COINTELPRO effort. SAC Richard W. Held, the
author of the request, went on to become SAC San Francisco at the time of the
bombing of Earth First activist Judi Bari. He subsequently retired from the
Bureau to become Head of Security for Visa International. 19.


Congress has adapted and upgraded a Blacklist, based on
inquisitional precepts, precluding guilt.  FISA,(code, definitions,
included)  a secret court,  now includes electronic and mass
surveillance methods of targeted harassment.


The Red Scare has morphed into the “Terrorist Scare”. 
Prohibited behavior, openly coded nowhere, includes everyday occurences and
innocent friendships.  The FBI man, hidden by sunglasses and his
newspaper, has been replaced by a secret  FISA court order, (with Fourth
Amendment rights unheeded) enacted with unseen highly invasive, minimized,
electronic devices.


We assert that FISA is an extension of Cointelpro, an attempt to
codify and secret the illegal actions and intentions of Cointelpro.  Any
secret legal proceeding, be is state or federal seems clearly violative of
American Constitutional intentions.  We came here to overcome the kangaroo
courts, the workhouses of a repressive and corrupt England.  A
secret  FISA court, making judgements in secret, on unknowing citizens
seems in league with the kangaroo courts in England.  For these pressing
reasons, we seek repeal of this “secret” American court, along with a restoration
of constitutional rights, to those aggrieved by these violative practices of
FISA. 


In the United States v. Battle case (a FISA case), Battle alleged
he was followed, surveilled and electronic bugs were placed in his living
spaces.  


In their argument, the defendants contended that the government
should reveal the justification that support the issuance – by the clandestine
Foreign Intelligence Surveillance ACT (FISA) Court – of the secret warrants
that enabled the FBI to surveil them.24.


Specifically, the defendants seek to review the warrant
applications the FBI submitted to the FISA Court on the basis of which the
warrants were granted.  Pursuant to the warrants, the FBI secretly
wiretapped the suspects’  phones and planted microphones in their
homes.  As a result of its surveillance, the FBI ended by intercepting
more than 271 conversations. 


Without knowing the basis for the warrants, the defendants
contend, they cannot know if their Fourth Amendment rights against unreasonable
searches and seizures were abridged.  The judge ruled, however, that the
basis for the warrants will remain secret.  25.


This is a very troubling development.  Unless the ruling is
reversed on appeal, it will mean that a U.S. citizen can now be convicted of a
crime, without ever knowing the reasons why the government was given permission
to spy on them in the first place. 17. These same allegations of wrongdoing are
also complained of in the Handschu, Social Worker’s Party and other Cointelpro
cases.  The wrongdoing defined in the Cointelpro cases is the same
wrongdoing complained of in the FISA case.  It would seem that these
intentional actions are the same – merely made secret in FISA includes due
process and Fourth Amendment violations.  FISA must be repealed and the list
of names revealed, to stop the rights’ violations, which occur in its
enactments. 


As the unethical precepts of Cointelpro were found to be unethical
and illegal, so must FISA be found so, repealed and names revealed. 
Cointelpro activities were found to be illegal, constitutionally violative and
unethical.  The same acts, of intentional discrediting, break-ins, privacy
invasion, stalking – occur to uncharged Americans, now daily, through the
vehicle and intent of FISA, in place of Cointelpro. 


Cointelpro was found to be illegal, so too, FISA needs to be found
illegal, repealed, and the list of names repealed. 


 FISA must be repealed, so that  America can reclaim her
soul and citizens can once again be free to “ live by no man’s leave”, as the
international code, established at the Nuremberg Trials, after our engagement
in the war fought “for democracy”, instructed. This is vital to the American
way of life.  We came to America, not to harness obliging servants, but to
be free from servitude.  FISA violates our constitution and our
governmental intent.  It must be repealed and list names given.


The following “Repeal Foreign Intelligence Surveillance Act FISA
Title 50 Chapter 36” is Workproduct of Kelb, Inc., Keep The Ethical Light
Burning, keepkelb.wordpress.com.Any resemblance noted, is coincidental. This
Kelb Workproduct may not be copied in any form, reproduced, or copied, computer
or social network copied and shared with any individual, nor any entity, unless
with written permission from Lynn Weed, Director, Kelb. It is Kelb Workproduct.