[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Sign-in]  [Mail]  [Setup]  [Help] 

Status: Not Logged In; Sign In

Trump’s Project 2025 and Big Tech could put 30% of jobs at risk by 2030

Brigitte Macron is going all the way to a U.S. court to prove she’s actually a woman

China's 'Rocket Artillery 360 Mile Range 990 Pound Warhead

FED's $3.5 Billion Gold Margin Call

France Riots: Battle On Streets Of Paris Intensifies After Macron’s New Move Sparks Renewed Violence

Saudi Arabia Pakistan Defence pact agreement explained | Geopolitical Analysis

Fooling Us Badly With Psyops

The Nobel Prize That Proved Einstein Wrong

Put Castor Oil Here Before Bed – The Results After 7 Days Are Shocking

Sounds Like They're Trying to Get Ghislaine Maxwell out of Prison

Mississippi declared a public health emergency over its infant mortality rate (guess why)

Andy Ngo: ANTIFA is a terrorist organization & Trump will need a lot of help to stop them

America Is Reaching A Boiling Point

The Pandemic Of Fake Psychiatric Diagnoses

This Is How People Actually Use ChatGPT, According To New Research

Texas Man Arrested for Threatening NYC's Mamdani

Man puts down ABC's The View on air

Strong 7.8 quake hits Russia's Kamchatka

My Answer To a Liberal Professor. We both See Collapse But..

Cash Jordan: “Set Them Free”... Mob STORMS ICE HQ, Gets CRUSHED By ‘Deportation Battalion’’

Call The Exterminator: Signs Demanding Violence Against Republicans Posted In DC

Crazy Conspiracy Theorist Asks Questions About Vaccines

New owner of CBS coordinated with former Israeli military chief to counter the country's critics,

BEST VIDEO - Questions Concerning Charlie Kirk,

Douglas Macgregor - IT'S BEGUN - The People Are Rising Up!

Marine Sniper: They're Lying About Charlie Kirk's Death and They Know It!

Mike Johnson Holds 'Private Meeting' With Jewish Leaders, Pledges to Screen Out Anti-Israel GOP Candidates

Jimmy Kimmel’s career over after ‘disgusting’ lies about Charlie Kirk shooter [Plus America's Homosexual-In-Chief checks-In, Clot-Shots, Iryna Zarutska and More!]

1200 Electric School Busses pulled from service due to fires.

Is the Deep State Covering Up Charlie Kirk’s Murder? The FBI’s Bizarre Inconsistencies Exposed


Dead Constitution
See other Dead Constitution Articles

Title: Appeals Court Says Some Patriot Act Provisions Unconstitutional
Source: Associated Press
URL Source: http://www.sfgate.com/cgi-bin/artic ... e/n152850S48.DTL&type=politics
Published: Dec 10, 2007
Author: Associated Press
Post Date: 2007-12-10 19:39:52 by Brian S
Keywords: None
Views: 936
Comments: 72

(12-10) 16:15 PST Los Angeles (AP) --

A federal appeals court ruled Monday that some portions of the U.S. Patriot Act that govern dealings with foreign terrorist organizations are unconstitutional because the language is too vague to be understood by a person of ordinary intelligence.

The ruling released Monday by the 9th U.S. Circuit Court of Appeals in San Francisco affirms a 2005 decision by U.S. District Judge Audrey Collins.

Collins ruled on a petition seeking to clear the way for U.S. groups and individuals to assist organizations in Turkey and Sri Lanka with training on applying for disaster relief or conducting peace negotiations.

Collins said language in the Patriot Act was vague on matters involving training, expert advice or assistance, personnel and service to foreign terrorist organizations.

Without clear language, the plaintiffs argued, those who provide assistance to those organizations could be subject to U.S. prison terms of up to 15 years.

Charles Miller, a Justice Department spokesman, said his agency was reviewing the ruling to determine a response.

Collins' ruling prevented the federal government from enforcing the vague Patriot Act provisions as they apply to the terrorist groups named in the lawsuit.

In its 27-page decision, the 9th U.S. Circuit Court of Appeals held that to survive a vagueness challenge, a statute "must be sufficiently clear to put a person of ordinary intelligence on notice that his or her contemplated conduct is unlawful."

The language covered by the ruling remained unconstitutionally vague despite Congressional amendments to the Patriot Act meant to remedy the problems, the appeals court ruled.

Post Comment   Private Reply   Ignore Thread  


TopPage UpFull ThreadPage DownBottom/Latest

Begin Trace Mode for Comment # 4.

#4. To: Brian S (#0)

www.rense.com/general69/unfath.htm

Unfathomed Dangers In Patriot Act Renewal

By Paul Craig Roberts 1-24-6

A provision in the "PATRIOT Act" creates a new federal police force with the power to violate the Bill of Rights. You might think that this cannot be true, as you have not read about it in newspapers or heard it discussed by talking heads on TV.

Go to House Report 109-333 USA PATRIOT Improvement and Reauthorization Act of 2005 and check it out for yourself. Sec. 605 reads:

"There is hereby created and established a permanent police force, to be known as the 'United States Secret Service Uniformed Division.'"

This new federal police force is "subject to the supervision of the Secretary of Homeland Security."

The new police are empowered to "make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony."

The new police are assigned a variety of jurisdictions, including "an event designated under section 3056(e) of title 18 as a special event of national significance" (SENS).

"A special event of national significance" is neither defined nor does it require the presence of a "protected person" such as the president in order to trigger it. Thus, the administration, and perhaps the police themselves, can place the SENS designation on any event. Once a SENS designation is placed on an event, the new federal police are empowered to keep out and arrest people at their discretion.

The language conveys enormous discretionary and arbitrary powers. What is "an offense against the United States"? What are "reasonable grounds"?

You can bet the Alito/Roberts court will rule that it is whatever the executive branch says.

The obvious purpose of the act is to prevent demonstrations at Bush/Cheney events. However, nothing in the language limits the police powers from being used only in this way. Like every law in the U.S., this law also will be expansively interpreted and abused. It has dire implications for freedom of association and First Amendment rights. We can take for granted that the new federal police will be used to suppress dissent and to break up opposition. The Brownshirts are now arming themselves with a Gestapo.

Many naïve Americans will write to me to explain that this new provision in the reauthorization of the "PATRIOT Act" is necessary to protect the president and other high officials from terrorists or from harm at the hands of angry demonstrators: "No one else will have anything to fear." Some will accuse me of being an alarmist, and others will say that it is unpatriotic to doubt the law's good intentions.

Americans will write such nonsense despite the fact that the president and foreign dignitaries are already provided superb protection by the Secret Service. The naïve will not comprehend that the president cannot be endangered by demonstrators at SENS at which the president is not present. For many Americans, the light refuses to turn on.

In Nazi Germany, did no one but Jews have anything to fear from the Gestapo?

By Stalin's time, Lenin and Trotsky had eliminated all members of the "oppressor class," but that did not stop Stalin from sending millions of "enemies of the people" to the Gulag.

It is extremely difficult to hold even local police forces accountable. Who is going to hold accountable a federal police protected by Homeland Security and the president?

TwentyTwelve  posted on  2007-12-10   19:49:14 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 4.

        There are no replies to Comment # 4.


End Trace Mode for Comment # 4.

TopPage UpFull ThreadPage DownBottom/Latest


[Home]  [Headlines]  [Latest Articles]  [Latest Comments]  [Post]  [Sign-in]  [Mail]  [Setup]  [Help]