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Dead Constitution
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Title: 2 Patriot Act Provisions Ruled Unlawful
Source: Associated Press
URL Source: http://sfgate.com/cgi-bin/article.c ... /09/26/national/a161731D28.DTL
Published: Sep 26, 2007
Author: Associated Press
Post Date: 2007-09-26 19:22:57 by Brian S
Keywords: None
Views: 96
Comments: 6

(09-26) 16:17 PDT Portland, Ore. (AP) --

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.

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#1. To: Brian S (#0)

Bump!

Ron Paul for President - Join a Ron Paul Meetup group today!

robin  posted on  2007-09-26   19:56:42 ET  Reply   Trace   Private Reply  

By asking her to dismiss Mayfield's lawsuit, the judge said, the U.S. attorney general's office was "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."

I wonder how the fine American conservatives over ar FraudFreak Republic are receiving this news??

Register to vote for Ron Paul NOW.

wbales  posted on  2007-09-27   7:54:11 ET  Reply   Trace   Private Reply  

I wonder how the fine American conservatives over ar FraudFreak Republic are receiving this news??

Much wailing and gnashing of teeth, I imagine...

Remember...G-d saved more animals than people on the ark. www.siameserescue.org

who knows what evil  posted on  2007-09-27   8:02:42 ET  Reply   Trace   Private Reply  

Justice Ann obviously needs retraining in the Office of Fatherland Security.

"Come, let's play a part in the fulfillment of all this glory and duty. I wish for a bright future for all human beings and the dawn of the liberation of and freedom for all humans, and the rule of love and affection all around the world, as well as the elimination of oppression, hatred, and violence, a wish which I expect will be realized in the near future. -- MAHMOUD AHMADINEJAD

angle  posted on  2007-09-27   8:27:30 ET  Reply   Trace   Private Reply  

I'm glad to have the ruling because it is a start, but there's almost no precedential value unless the case gets affirmed at the appeals court, and even then, it faces the goosestepping Supremes.

And, she's a Clinton appointee ruling at the district level. Basically, her ruling doesn't have much weight outside her own court, and certainly not outside her own district. It could be picked up and used by other courts, however, and it certainly has that interim value.

Paul Revere  posted on  2007-09-27   8:43:39 ET  Reply   Trace   Private Reply  

Justice Ann obviously needs retraining in the Office of Fatherland Security.

Yes, Comrade Chertoff has his work cut out for him. (And we have ours.)

Ron Paul for President - Join a Ron Paul Meetup group today!

robin  posted on  2007-09-27   9:01:09 ET  Reply   Trace   Private Reply  

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