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Thelawman2
Thelawman2, Attorney
Category: Legal
Satisfied Customers: 1612
Experience:  Attorney-at-Law
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Looking for someone who is constitutional, Truck

Customer Question

Looking for someone who is constitutional
JA: What state are you in? It matters because laws vary by location.
Customer: Truck driver...all over but home is houston
JA: Has anything been filed or reported?
Customer: Not yet, not sure I have a case...it involves Obama and NSA
JA: Anything else you want the lawyer to know before I connect you?
Customer: Want to know if it is possible to file a law suit against Obama and NSA for ileagal spying...privacy breach
Submitted: 2 months ago.
Category: Legal
Customer: replied 2 months ago.
With the recent news coming out that Obama lied to Americans about NSA spying... he ordered for everyone to be spied on. I am greatly disturbed by this and I can't let this slid
Expert:  Thelawman2 replied 2 months ago.

Hello, my name is ***** ***** I will be helping you today.

There have been people in the past who have attempted to sue the administration and NSA for their monitoring of phone calls, arguing that their 4th amendment privacy rights have been violated. The problem that these cases, based on how federal courts have approached this issue, is that you would have to demonstrate a "concrete and particularized" injury; this means that a person suing must show that their own metadata was collected by the government and not simply that there is an allegation that their metadata was gathered by the government. This means that you would need to have evidence of government spying, and the problem is that this evidence is considered top-secret and you cannot obtain it from the government. It's a Catch-22.

Customer: replied 2 months ago.
Subpoena any records
Expert:  Thelawman2 replied 2 months ago.

The problem is that you won't be able to get to that stage in any lawsuit because it will be dismissed before the discovery phase begins without having some independent proof that you were specifically spied on.

Customer: replied 2 months ago.
Obama gets away with another crime
Expert:  Thelawman2 replied 2 months ago.

What you would need to do is try to get your representative to get the law changed such that these records are available to the general public.

Expert:  Thelawman2 replied 2 months ago.

I hope this has been helpful. If so, please provide a positive rating so I get credit for helping you today!