2 Patriot Act provisions ruled unlawful

[Newsjock]

Source: Associated Press

PORTLAND, Ore. — Two provisions of the USA Patriot Act are unconstitutional because they allow search warrants to be issued without a showing of probable cause, a federal judge ruled Wednesday.

U.S. District Judge Ann Aiken ruled that the Foreign Intelligence Surveillance Act, as amended by the Patriot Act, "now permits the executive branch of government to conduct surveillance and searches of American citizens without satisfying the probable cause requirements of the Fourth Amendment."

Portland attorney Brandon Mayfield sought the ruling in a lawsuit against the federal government after he was mistakenly linked by the FBI to the Madrid train bombings that killed 191 people in 2004.

The Patriot Act greatly expanded the authority of law enforcers to investigate suspected acts of terrorism, both domestically and abroad.


Read more: http://seattletimes.nwsource.com/APWires/US/D8RTEI0G0.html

---

Judge's ruling here (pdf): http://www.kgw.com/news/pdf/show_case_doc.pdf

[valerief]

1. There's a judge Bush doesn't own? nt

[tech3149]

2. I wonder how mny decent federal judges there are left? n/t

[liberal N proud]

22. Gonzo didn't get this one replaced in time n/t

[robinlynne]

3. so glad the judge gets it! shame 22 dem senators don't!

[LiberalFighter]

6. Isn't it amazing how many stupid Democratic Senators there are that

don't understand that a law is not legal if it violates the Constitution?

And that the Constitution does not permit the majority to rule just because they agree.

[Zhade]

50. Oh, they're not stupid. They know exactly what they're doing.

NT!

[ChairmanAgnostic]

11. taint just 22 dems. Craig was on the judiciary com. and hasn't a clue

damn, we are in trouble in this country.

[robinlynne]

20. I dont even consider the republicans, maybe Hagel. that's it.

[jgraz]

4. And the countdown to Congress passing an expanded PATRIOT Act begins...

You know it's coming.

[Roland99]

5. Just saw the news on The Situation Room.

:woohoo:

[LosinIt]

7. Ann AIKEN??? Just declare it unconstitutional and get the hell out.

Anyone???

[Kagemusha]

8. I've been calling the new standard "possible cause".

As in, maybe and maybe not, so we're going to pretend it's probable just to be safe.

[Pacifist Patriot]

9. Only 2?

I know, I know. The judge only rules on the issues before her. I just had to say it. :)

[Yukari Yakumo]

32. Just how much of it is left? {nt}

uguu

[Purveyor]

10. The more this Patriot Act sees a courtroom, the more it is being struck-down.

The Supreme Court appeals on this cases will be telling, indeed!

[jeff30997]

12. I'm still amazed that this very dangerous and unconstitutional law...

Is called The "Patriot" Act.Gee!

[sce56]

19. Many agree with you and even have it posted in a National Museum

[beltanefauve]

24. Ever read

George Orwell's 1984? Oh, and then there's the Healthy Forests Act, Clean Skies Act...

[Sam Ervin jret]

51. Never forget the "military intelligence"

morons. (oxymoron s)

[FREEWILL56]

26. It was done that way to fool people.

You know, propaganda. They(neocons) thought, and rightly so, that fewer would oppose it just by its title and made our representatives to fear of being judged by their constituency. Many of our representatives seem to be so lost in their own bs that they have lost sight of what they are doing there and don't seem to realize they are aiding and abetting the real enemy within that has taken control of our government while allowing the real enemies that had attacked the United States to go free with us as the new prisoners and enemy of their new state as is evidenced by their actions to subvert this nation.

[Patsy Stone]

13. Thanks, Judge Aiken.

Thanks, Brandon Mayfield.

Thank you both for realizing there is a Constitution.

[pattmarty]

14. Why am I not fucking surprised?

[kenfrequed]

15. Finally some good news

I really was wondering when the courts would rip at this a bit more.

[Judi Lynn]

16. Congrats to Brandon Mayfield. He did it for all of us. n/t

[RUMMYisFROSTED]

17. Good luck, Ruling.

We remember when you were just an inspiration.

Now you're just a Ruling that got the shit kicked out of it.

[Arugula Latte]

18. Props to my Portland peeps.

:) :toast:

[Wapsie B]

21. There goes those librul judges legislating from the bench again.

:sarcasm:

[Counciltucky]

28. Was gonna say the same thing lol.

Thank goodness a fellow HAWKEYE beat me to it!

[Wapsie B]

34. Great minds think alike!

Love your town btw.

[Steven_S]

23. Might have avoided a bit of trouble...

If the lazy bastards would have bothered to read the damn thing before voting on it in the first place.

Then again, many just vote the way they're told to vote so maybe it wouldn't have mattered.

[minnesota_liberal]

25. I wasn't aware that legislation could be ruled unconstitutional in part

Always thought it was an all or nothing sort of thing.

[Igel]

27. The law has to be written such that its provisions are severable.

Usually there's a statement in the law saying that in the event some provision is found unconstitutional all the other provisions will continue in force. Or something like that.

[minnesota_liberal]

31. Thanks! n/t

[SeattleVet]

29. It's an acronym - why don't they capitalize it properly?

The full title is, believe it or not, "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism" - or "USA PATRIOT". (From the DOJ web site: http://www.lifeandliberty.gov/highlights.htm)

By calling it the 'Patriot Act' they are falling into the administration trap of portraying it as what it is NOT.

We have come funny into double-speak... Orwell just got the date wrong. We were able to delay it for a short time by getting the Big Dog into office after the B-movie actor.

[Vidar]

30. Bravo Judge Aiken!

[bonito]

33. I think this needs a kick!

[pinto]

35. Kudos to Judge Aiken! Bluntly supporting the rule of law.

:thumbsup:

[mvd]

36. Maybe this will be the ammunition needed to..

prod just enough Democratic Yea voters from last time to vote Nay next time.

[SlowDownFast]

37. And this matters how?

or:

Does it matter as much as all the ignored subpoenas?

:banghead:

[Goat52a]

38. no it doesn't

Democrats have no balls. It will always continue, we slowly lose our rights as Democrats continue to vote with Republicans....

[Snarkturian Clone]

39. well at least SOMEBODY is doing their job NT

[laststeamtrain]

40. Oregon judge knocks down part of Patriot Act

Source: Reuters

Oregon judge knocks down part of Patriot Act

Wed Sep 26, 9:26 PM ET

An Oregon judge on Wednesday ruled that two provisions of the Patriot Act violated the U.S. Constitution's protection against unlawful searches and seizures.

U.S. District Judge Ann Aiken ruled in favor of Brandon Mayfield, a lawyer wrongly arrested by the FBI in 2004 for possible ties to the Madrid train bombings, who challenged the secret searches of his home and office.

The judge said the amendments made by the Patriot Act to the Foreign Intelligence Surveillance Act allows the government to conduct searches and monitor American citizens without probable cause, which is typically required by the Fourth Amendment to the U.S. Constitution.

"The defendant here is asking this court to, in essence, amend the Bill of Rights by giving it an interpretation that would deprive it of any real meaning. This court declines to do so," Aiken wrote in her ruling.

Read more: http://news.yahoo.com/s/nm/20070927/pl_nm/security_oregon_ruling_dc_2

[Drum]

41. I'm in Oregon tonight, and I couldn't be happier that this happened here, today!

:thumbsup:!!

[aquart]

43. Happy and proud I should think.

Unless you're only a tourist. In which case, congratulate any Oregonian you meet for this denizen of lower Manhattan.

[Drum]

44. "only a tourist"...not exactly, I'm here for business...

says this denizen of Coney Island, Bklyn. And I shall congratulate them nonetheless.

[aaronbees]

42. Smart peeps, them Oregonians

:toast:

[rodeodance]

45. New York also:

.....In Washington, Justice Department spokesman Peter Carr said, "We are reviewing the decision, and while we have no further comment, we are reviewing all our options."

Aiken's ruling is the second legal blow delivered to the Patriot Act in less than a month. A district judge in New York said a provision in the Patriot Act that requires people who are formally contacted by the FBI for information to keep it a secret is unconstitutional.

The anti-terror Patriot Act, enacted by Congress after the September 11, 2001, attacks on the United States, expanded the rights of law enforcement agencies and eased restrictions on foreign intelligence gathering.

[Generic Other]

46. This judge is a true American patriot

Yay for the Leftcoast of this country! wE HAVEN'T CAVED YET!!

[Vinca]

47. At long last a hint of sanity. Thank you, Judge Aiken. nt

[Norrin Radd]

48. k+r

[Felinity]

49. D'OH! K&R

Who Knew?

Maybe anyone who has actually read the Constitution?