Cross posted from The Stars Hollow Gazette

In response to a lawsuit filed by an activist in June against the NSA’s massive collection of private phone data, a federal judge ruled that the program is possibly a violation of the Fourth Amendment but fell short of ordering the program shut down.

udge Richard Leon declared that the mass collection of so-called metadata probably violates the fourth amendment, relating to unreasonable searches and seizures, and is “almost Orwellian” in its scope.

He also expressed doubt about the central rationale for the program cited by the NSA: that it is necessary for preventing terrorist attacks. “The government does not cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack,” wrote Leon, a US district judge in the District of Columbia. [..]

Leon, an appointee of George W Bush, granted a preliminary injunction sought by plaintiffs Larry Klayman and Charles Strange, concluding that their constitutional challenge was likely to be successful. In what was the only comfort to the NSA in a stinging judgment, he put the ruling on hold, pending an appeal by the government.

But Leon’s opinion contained stern and repeated warnings that he was inclined to rule that the metadata collection performed by the NSA – and defended vigorously by the NSA director Keith Alexander on CBS on Sunday night – was unconstitutional.

Glenn Greenwald weighed in on this on MSNBC’s 4 PM program and there was a discussion with a former Obama administration DOJ lawyer and a spokesperson for the ACLU. If the video becomes available, I’ll add it.

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

December 16 is the 350th day of the year (351st in leap years) in the Gregorian calendar. There are 15 days remaining until the end of the year.

On this day in 1773, a group of Massachusetts colonists disguised as Mohawk Indians board three British tea ships moored in Boston Harbor and dump 342 chests of tea into the water.

The Boston Tea Party was a direct action by colonists in Boston, a town in the British colony of Massachusetts, against the British government and the monopolistic East India Company that controlled all the tea coming into the colonies. On December 16, 1773, after officials in Boston refused to return three shiploads of taxed tea to Britain, a group of colonists boarded the ships and destroyed the tea by throwing it into Boston Harbor. The incident remains an iconic event of American history, and other political protests often refer to it.

The Tea Party was the culmination of a resistance movement throughout British America against the Tea Act, which had been passed by the British Parliament in 1773. Colonists objected to the Tea Act for a variety of reasons, especially because they believed that it violated their right to be taxed only by their own elected representatives. Protesters had successfully prevented the unloading of taxed tea in three other colonies, but in Boston, embattled Royal Governor Thomas Hutchinson refused to allow the tea to be returned to Britain. He apparently did not expect that the protestors would choose to destroy the tea rather than concede the authority of a legislature in which they were not directly represented.

The Boston Tea Party was a key event in the growth of the American Revolution. Parliament responded in 1774 with the Coercive Acts, which, among other provisions, closed Boston’s commerce until the British East India Company had been repaid for the destroyed tea. Colonists in turn responded to the Coercive Acts with additional acts of protest, and by convening the First Continental Congress, which petitioned the British monarch for repeal of the acts and coordinated colonial resistance to them. The crisis escalated, and the American Revolutionary War began near Boston in 1775.

Peter Seamus Lorcan O’Toole, an Irish bookmaker’s son with a hell-raising streak whose magnetic performance in the 1962 epic film “Lawrence of Arabia” earned him overnight fame and put him on the road to becoming one of his generation’s most accomplished and charismatic actors, died on Saturday in London. He was 81.

His daughter Kate O’Toole said in a statement that he had been ill for some time.

A blond, blue-eyed six-footer, Mr. O’Toole had the dashing good looks and high spirits befitting a leading man, – and he did not disappoint in “Lawrence,” David Lean’s wide-screen, almost-four-hour homage to T. E. Lawrence, the daring British soldier and adventurer who led an Arab rebellion against the Turks in the Middle East in World War I.

The performance brought Mr. O’Toole the first of eight Academy Award nominations, a flood of film offers and a string of artistic successes in the ’60s and early ’70s. In the theater – he was a classically trained actor – he played an anguished, angular tramp in Beckett’s “Waiting for Godot” and a memorably battered title character in Chekhov’s “Uncle Vanya.” In film, he twice played a robust King Henry II: first opposite Richard Burton in “Becket,” (1964), then with Katharine Hepburn as his queen in “The Lion in Winter” (1968). Both earned Oscar nominations for Best Actor, as did his repressed, decaying schoolmaster in “Goodbye, Mr. Chips” in 1970 and the crazed 14th Earl of Gurney in “The Ruling Class” in 1973.  Mr. O’Toole threw himself wholeheartedly into what he called “bravura acting,” courting and sometimes deserving the accusation that he became over-theatrical, mannered, even hammy. His lanky, loose-jointed build; his eyes; his long, lantern-jawed face; his oddly languorous sexual charm; and the eccentric loops and whoops of his voice tended to reinforce the impression of power and extravagance.

Burton called him “the most original actor to come out of Britain since the war,” with “something odd, mystical and deeply disturbing” in his work. [..]

He is survived by daughters, Kate and Patricia, and son, Lorcan.

At the start of both videos the screen is blank during the orchestral introduction and intermission.

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

How ironic that on this very day, Congress and President Barack Obama are about to approve a bill that will essentially violate at least 5 of these amendments and more.

Find the past “On This Day in History” here.

December 15 is the 349th day of the year (350th in leap years) in the Gregorian calendar. There are 16 days remaining until the end of the year.

On this day 1791, Virginia becomes the last state to ratify the Bill of Rights, making the first ten amendments to the Constitution law and completing the revolutionary reforms begun by the Declaration of Independence. Before the Massachusetts ratifying convention would accept the Constitution, which they finally did in February 1788, the document’s Federalist supporters had to promise to create a Bill of Rights to be amended to the Constitution immediately upon the creation of a new government under the document.

After the Constitution was ratified in 1789, the 1st United States Congress met in Federal Hall in New York City. Most of the delegates agreed that a “bill of rights” was needed and most of them agreed on the rights they believed should be enumerated.

Madison, at the head of the Virginia delegation of the 1st Congress, had originally opposed a Bill of Rights but hoped to pre-empt a second Constitutional Convention that might have undone the difficult compromises of 1787: a second convention would open the entire Constitution to reconsideration and could undermine the work he and so many others had done in establishing the structure of the United States Government. Writing to Jefferson, he stated, “The friends of the Constitution…wish the revisal to be carried no farther than to supply additional guards for liberty…and are fixed in opposition to the risk of another Convention….It is equally certain that there are others who urge a second Convention with the insidious hope of throwing all things into Confusion, and of subverting the fabric just established, if not the Union itself.”

Madison based much of the Bill of Rights on George Mason’s Virginia Declaration of Rights (1776), which itself had been written with Madison’s input. He carefully considered the state amendment recommendations as well. He looked for recommendations shared by many states to avoid controversy and reduce opposition to the ratification of the future amendments. Additionally, Madison’s work on the Bill of Rights reflected centuries of English law and philosophy, further modified by the principles of the American Revolution.

The team of All In with Chris Hayes puts out a daily request on Twitter asking their followers to send them the things they find most interesting on the internet. These are their finds for December 10, 2013

1. Blues Brothers mall chase, Legos style.

2. Christmas trees being loaded onto a truck by a helipcopter

3. Moon orbiting earth!

Cross posted from The Stars Hollow Gazette

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

December 14 is the 348th day of the year (349th in leap years) in the Gregorian calendar. There are 17 days remaining until the end of the year.

On this day in 1995, the Dayton Agreement is signed in Paris.

The General Framework Agreement for Peace in Bosnia and Herzegovina, also known as the Dayton Agreement, Dayton Accords, Paris Protocol or Dayton-Paris Agreement, is the peace agreement reached at Wright-Patterson Air Force Base near Dayton, Ohio in November 1995, and formally signed in Paris on December 14, 1995. These accords put an end to the three and a half year long war in Bosnia, one of the armed conflicts in the former Socialist Federative Republic of Yugoslavia. Some articles erroneously refer to the agreement as the Treaty of Dayton.

Background

Though the basic concepts of the Dayton Agreement began to appear in international talks since 1992, the negotiations were initiated following the unsuccessful previous peace efforts and arrangements, the August 1995 Croatian military Operation Storm and its aftermath, the government military offensive against the Republika Srpska, in concert with NATO’s Operation Deliberate Force. During September and October 1995, many of the world powers (especially the USA and Russia), gathered in the Contact Group, applied intense pressure to the leaders of the three sides to attend the negotiations in Dayton, Ohio.

The conference took place from November 1 to November 21, 1995. The main participants from the region were Serbian President Slobodan Milosevic (representing the Bosnian Serb interests due to absence of Karadzic), Croatian President Franjo Tudman, and Bosnian President Alija Izetbegovic with Bosnian Foreign Minister Muhamed Sacirbey.

The peace conference was led by U.S. Secretary of State Warren Christopher, and negotiator Richard Holbrooke with two Co-Chairmen in the form of EU Special Representative Carl Bildt and the First Deputy Foreign Minister of Russia Igor Ivanov. A key participant in the US delegation was General Wesley Clark (later to become NATO’s Supreme Allied Commander Europe (SACEUR) in 1997). The UK military representative was Col Arundell David Leakey (later to become Commander of EUFOR in 2005). The Public International Law & Policy Group (PILPG) served as legal counsel to the Bosnian Government delegation during the negotiations.

The secure site was chosen in a bid to curb the participants’ ability to negotiate in the media rather than at the bargaining table.

After having been initiated in Dayton, Ohio on November 21, 1995 the full and formal agreement was signed in Paris, France, on December 14, 1995 also by French President Jacques Chirac, U.S. President Bill Clinton, UK Prime Minister John Major, German Chancellor Helmut Kohl and Russian Prime Minister Viktor Chernomyrdin.

The present political divisions of Bosnia and Herzegovina and its structure of government were agreed upon as part the constitution that makes up Annex 4 of the General Framework Agreement concluded at Dayton. A key component of this was the delineation of the Inter-Entity Boundary Line, to which many of the tasks listed in the Annexes referred.

The agreement mandated a wide range of international organizations to monitor, oversee, and implement components of the agreement. The NATO-led IFOR (Implementation Force) was responsible for implementing military aspects of the agreement and deployed on the 20th December 1995, taking over the forces of the UNPROFOR.

Ironically, the chief architect of the Dayton Accord, Ambassador Richard Holbrooke, died yesterday, December 13, in Washington, DC. May he rest in peace.

Welcome to the Health and Fitness News, a weekly diary which is cross-posted from The Stars Hollow Gazette. It is open for discussion about health related issues including diet, exercise, health and health care issues, as well as, tips on what you can do when there is a medical emergency. Also an opportunity to share and exchange your favorite healthy recipes.

Questions are encouraged and I will answer to the best of my ability. If I can’t, I will try to steer you in the right direction. Naturally, I cannot give individual medical advice for personal health issues. I can give you information about medical conditions and the current treatments available.

You can now find past Health and Fitness News diaries here and on the right hand side of the Front Page.

Many of you, still full from Thanksgiving, may be anticipating holiday parties to come and wondering how to balance things out with some of the meals in between. With this in mind, I decided to work on light fish and seafood dinners for this week’s Recipes for Health. They should provide you with a respite from rich food during this shortened window between Thanksgiving and Christmas.

Martha Rose Shulman