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Spokane, Washington  Est. May 19, 1883

Sen. Rand Paul sues Obama over NSA spying

Lawsuit exposes tensions in GOP on surveillance debate

Paul
Eileen Sullivan Associated Press

WASHINGTON – Sen. Rand Paul sued the Obama administration Wednesday over the National Security Agency’s mass collection of millions of Americans’ phone records.

The Kentucky Republican said he and the conservative activist group FreedomWorks filed the suit for themselves and on behalf of “everyone in America that has a phone.”

The lawsuit argues that the bulk collection program that’s been in existence since 2006 violates the Fourth Amendment right against unreasonable searches. It calls for an end to the program, which was revealed by former National Security Agency analyst Edward Snowden.

The Obama administration maintains that the program, begun under President George W. Bush, is legal. Courts have largely sided with the government.

President Barack Obama has called for reforms to the program in an effort to regain public trust. Others, like Paul, have called for the end of this kind of surveillance.

The surveillance debate has exposed intraparty tensions for Republicans. The GOP is split on this issue between its leadership, which backs the program on security grounds, and libertarian-minded members who are more wary of government involvement in Americans’ private lives.

The Republican National Committee last month approved a resolution to end the surveillance programs. While some Republicans downplayed its significance, the nonbinding vote was seen as a nod to Republicans like Paul.

The White House and Justice Department did not comment on the lawsuit specifically, but said they believe the bulk collection of phone records is legal.

Ken Cuccinelli, the former attorney general of Virginia, is the lead counsel for Paul and FreedomWorks on the suit. Paul appeared at campaign rallies last October to support Cuccinelli’s unsuccessful bid for Virginia governor.

Cuccinelli has sued the Obama administration before – he was the first state attorney general to mount a legal challenge to the constitutionality of the president’s signature health care overhaul.

The bulk collection program, which is authorized in Section 215 of the USA Patriot Act, sweeps up what’s known as metadata for every phone call made in the U.S. It collects the number called, the number from which the call is made and the duration and time of the call.

The intelligence community says having this data is key to preventing terrorism.