Episode 245 – SCOTUS Surveillance

DISCLOSURE

FULL TRANSCRIPT TEXT

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and now matt wright and
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spike cohen
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good morning good afternoon or good
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evening and welcome to the vanguard for
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spikesomeguy on twitter cohen i am matt
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wright and together we are traversing
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the muddied waters of
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freedom
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first and foremost
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allow me to thank cava kevin for the
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kaaba that i’m drinking on today’s
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episode
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and allow me to thank lebla for the oh
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that’s what i was going to say uh i am
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going to have to make a second petition
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calling for myself to be called the
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bazooka jew on my own show which that
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that’ll be fun bulavanaka uh full of
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anaka also
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waters today kids love it but you know
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what kids don’t love
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matt
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what’s that
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and that’s the surveillance state
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that’s true i know that the kids that
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reside in my household hate the
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surveillance state they are under at all
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times yes
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just any state of surveillance really
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really any state why are you looking at
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me um
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and if you want to know
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if you want insight into what sort of
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surveillance state
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uh the supreme court would approve of
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uh
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in the future whenever they get a case
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regarding it
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one needs to do no more than to see how
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they are handling the leak of the dobbs
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draft opinion
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yes yeah the supreme court’s police
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force or the marshal’s office has
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launched an unprecedented probe to
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uncover who leaked uh the draft decision
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uh that was being uh shopped around by
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uh was it alito samuel lee uh samuel
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alito the justice that would end roe v
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wade was it a leto
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uh yeah
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yeah yeah i think it was alito um so
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they’re doing a in uh as matt said an
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unprecedented probe into who or i know
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as i said an unprecedented probe into uh
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who leaked that decision authorities
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the marshal’s office uh authorities at
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the marshall’s office have demanded
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phone records signed affidavits and law
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clerks devices
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the clerks of the supreme court
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apparently are so alarmed over these
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moves uh particularly the sudden
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requests for private cell data that
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they’ve begun
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kind of looking into whether or not they
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should hire outside counsel
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uh should
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should this become
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bigger than it already has you know can
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you imagine of the year
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considering suing the supreme court
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and saying i’ll fight you all the way to
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you you
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and you would think that like the
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supreme court would
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would have to recuse themselves in this
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case the entire supreme court
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yeah all of them
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we’ll take this on but we have to recuse
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ourselves from it
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you lose
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so
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while robert’s
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court hasn’t been the best
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on protecting digital rights
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yeah
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they’ve been better than most people i
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have
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thought they would be and they’ve done a
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few things that have been beneficial
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uh in 2014 uh supreme court’s landmark
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riley vs california decision protected
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cell phones from warrantless searches
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yep yeah and then in 2018
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they ruled in carpenter versus united
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states the entire i love when they do
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that it’s not the federal government
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it’s the united states
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so the court ruled in carpenter versus
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you
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i just like how they do like versus the
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entire us uh they ruled in carpenter
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versus you uh that police violated the
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fourth amendment when they used cell
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phone location data to track devices for
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more than a week without any warrant
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because yeah that’s
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that’s exactly what that is it’s a
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violation of the fourth amendment
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i think it’s a violation even if it’s
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less than a week
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at all
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right
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but this is why they’ve been super
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careful on how this investigation has
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been handled
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cell phones have been requested
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not seized
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affidavits are voluntary up to a point
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however
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if you’re a clerk
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in the most powerful judicial branch
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anywhere
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um and they say hey hey we need you to
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uh give us your cell phone so we can see
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what all is on it and you say
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no
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no i’m gonna
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not do that
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yeah um
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or you know they’re like hey we need you
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to sign this affidavit saying it wasn’t
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you and if it was you then uh we’re
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gonna
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throw you in jail um and you’re like nah
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i’m not gonna i’m not gonna sign that
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you’re gonna be looked upon as the
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guilty party in the supreme court yeah
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so they’re
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so through fear
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through fear they are getting the clerks
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to not invoke their rights
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well that doesn’t sound familiar
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at all
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at all
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government telling you that you have
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rights but that if you invoke them
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that makes you immediately a suspect of
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a crime
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that’s that sounds
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absolutely nothing like any
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interrogation i’ve ever been a part of
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ever
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ever
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if you get a lawyer you’re just gonna
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seem guilty
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yes
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like they’ll they’ll unironically say
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that
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i mean you can get a lawyer if you want
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but what’s that look like
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that i don’t want to get railroaded by
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the government so uh the implications of
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these actions obviously run very deep if
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there’s a case about police using the
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same search tactics being used in the
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investigation
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how is the court going to rule against
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it when they did it
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and are documented as doing it
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right
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so currently there are current uh there
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are multiple
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um cases in the lower courts and states
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that are currently evaluating the
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constitutionality of everything from
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geofence warrants which tracks
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every person in a specified area
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also known
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as pokemon go
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to warrantless device searches at the
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border
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and if people don’t know what that is
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they are
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tracking
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people’s phones at the border to find
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out if they’re coming in illegally or if
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they are helping people come in
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illegally without warrants they’re just
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checking phones to be like why is this
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person crossing the border so much and
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for anyone
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who has
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been
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near the border
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and by near i mean
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in buffalo
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and gets a notification from
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your provider
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welcoming you to canada
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and letting you know what the roaming
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charges are going to be
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even though you’re like a solid 15 miles
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from the border
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you can see how that tracking might get
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a little sketchy
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like why did you cross the border well i
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didn’t
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not that it’s any of your business but i
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didn’t well but why did you
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i didn’t
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well you think you’re a criminal not
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only am i not a criminal i didn’t even
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cross the border
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we uh we so we did that story god that
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was like two years ago
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and i don’t remember any of the
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gentleman’s names that were in this
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story but there was a guy here in
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florida
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yeah
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where
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he got
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he googled turned over all of his
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location information to the police like
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they got a warrant they got it but the
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guy used to ride his bike past this
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house where a woman was murdered and
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he got hemmed up in that and they
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thought he was the one who did it and he
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wasn’t and then there was the other one
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where somebody was murdered in the
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desert and somebody happened to be out
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in the desert at that same time
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uh and
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they said well obviously it must be this
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person because
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the
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killer
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wouldn’t be smart enough to leave his
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phone at home
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before committing murder before
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committing murder
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yeah yeah so when these kinds of
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cases come up in front of the supreme
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court in the future
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they kind of did similar stuff and right
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they can claim
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that they don’t hold any conflict of
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interest in those future cases because
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they’re not actually required by law
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to recuse themselves
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there’s or at least there’s no mechanism
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to enforce it uh but obviously their
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mindset
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is going to be forever changed by how
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this is unfolded so instead of a court
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which would hopefully
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look at the claims of those who were
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innocent until proven guilty they might
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be thinking about that time that they
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got
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doxxed internally uh or that uh you know
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that they got you know leaked internally
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and uh and the the firestorm that set
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off and they
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even unconsciously could be applying
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that to their future decisions which
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affect our civil liberties to all of us
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like every single one of us
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so even
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with these future cases
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if they do rule to protect the people’s
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rights
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um
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you have a situation where an
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institution the supreme court in this
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case is willing to uphold the rights on
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paper but then will violate the rights
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of american citizens
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in practice because they will once again
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become another entity of the uh american
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system that feels like they
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that the rules do not apply to them
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which is the whole problem we have these
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rules on paper saying government can’t
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do this government has to do this if
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government does this then they have to
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do this and so forth
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and if this branch of government does
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something it needs to be investigated by
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these group this group of people in
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government
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but then they just anytime they go oh
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well but that would be very inconvenient
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in this situation they just ignore it
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it’s almost like putting words on sheets
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of paper aren’t sufficient to stop
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powerful human beings from doing
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whatever the hell they want to or
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something like that
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and and that’s what makes it
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that’s actually not the most scary part
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because all the government does it but
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yes the part that
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the part that makes it the the most
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terrifying
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for me personally
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is
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once the supreme court has
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once they’ve crossed that barrier once
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they’ve crossed those lines and they’ve
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started using the tactics that the
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police have been using
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will they go you know what the police
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shouldn’t be doing this even though we
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did
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or will they try to justify themselves
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through their rulings
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or will it or a third option is that
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they’ll
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they’ll rule correctly
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and
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departments and agencies will go no
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we’re going to just keep doing it anyway
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after all they did
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because you did you did
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so we’ll just do it anyway
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right
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now what
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yeah yeah
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no matter there’s that too
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yeah no yeah no no matter which of these
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happen
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it is kind of a terrifying path forward
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uh as far as the supreme court goes
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because you are now looking at a
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scenario where
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the trust in the supreme court is going
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to be just eroded completely
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yep and i don’t like i don’t think that
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it’s really been there
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a lot recently
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but it’s going to be completely eroded
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once those cases start going and then
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start ruling on them
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exactly it’s this is going to be a
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problem and it’s just another example of
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how your rights will always give way to
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expediency for those in power because
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they’re predators and you’re the easiest
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prey so that’s the bad news but the good
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news is
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[Music]
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you