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Judge Rules Provisions of Patriot Act Unconstitutional

For the second time this month, a judge has ruled sections of the Patriot Act unconstitutional.

CNN reports that the two provisions struck down Wednesday deal with searches and intelligence gathering. U.S. District Judge Ann Aiken of Portland, Ore., ruled that the act violates the Constitution because it "permits the executive branch of government to conduct surveillance and searches of American citizens without satisfying the probable cause requirements of the Fourth Amendment."

The government "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. The court declines to do so," Aiken said.
The Justice Department was reviewing the decision, said spokesman Dean Boyd.

Aiken's ruling came in a case brought by attorney Brandon Mayfield, a Portland native who had been wrongly detained as a terrorism suspect in the Madrid bombings of 2004. As The Washington Post reports, the FBI used expanded powers under the Patriot Act "to secretly search Mayfield's house and law office, copy computer files and photos, tape his telephone conversations, and place surveillance bugs in his office using warrants issued by the Foreign Intelligence Surveillance Court."

A New York judge also struck down part of the Patriot Act this month, ruling on Sept. 6 that provisions allowing the FBI to use national security letters to get data from private companies without a court warrant were unconstitutional.

 

Comments (Send a comment)

"Probable cause" NOT* "reasonableness"

Don't say (again) that the judge ruled the so-called Patriot Act violated the 4th Amendment's "reasonable" search & siezure clause; the judge said the "probable cause" requirement was the relevant clause.

Sent by Lee Dustman | 12:02 PM ET | 09-27-2007

It's GREAT that NPR news has attained the status that it's reports & News Blog find their way into very broad Internet distribution. KEEP UP THE GOOD WORK. We need you, and I'm justified in having been a loyal supporter for many years.

Sent by Anonymous Loyal Supporter | 12:47 PM ET | 09-27-2007

The recent headlines in Russia Today speak fondly of memories of Josef Stalin's long tenure as Russia's greatest leader of the century. Even though Putin is leaving office, nobody really expects Putin to stop running the show. He's handpicking his successor. Putin is the ultimate in shadow government in Russia. Much as the Bush family is the shadow government of America.

So, what's with this psychological imperative of needing a dictator who doesn't call himself a dictator? Russia needs the Stalin/Putin mold. America needs the George/George/Jeb mold of political leader. While both America and Russia pay lip service to the democratic model.

Well, Russia got smart that by giving the people a larger economic wallet, they will be happy to live under a refined form of Stalinism. Stalin defeated Hitler, after all. And Putin stands up to Russia's modern day potential enemies.

The Patriot Act runs along those very psychological/ideological lines. Sure, every once in a while the Patriot Act steps on a citizen's toes. While in the demographics of the American psyche, a subliminal, shadow government provides a placid form of reassurance. Which goes a long way in explaining why the Patriot Act will not be knocked down for any length of time. True democracy is a psychologically precarious image to struggle with. Democracy scares the bangles off of people. Even the name 'Democratic Party' brings consternation to the voter standing in the electronic voting booth.

T'is better to have a strong father figure to lead the way for the frightened and confused voters.

fred call

Sent by fred call | 12:50 PM ET | 09-27-2007

Please, please, please hurry November 2008. Iknow I'm wishing my life away, but for the sake of freedom and liberty for my children and grandchildren it's worth it. It is not Iraqi democracy that is at risk, but US democracy. Thank you judge Aiken for having the wisdom and courage to defend liberty and democracy in the US.

Sent by C. Dan Carpenter | 3:52 PM ET | 09-27-2007

To paraphrase Benjamin Franlin, "Those who are willing to sacrifice a few liberties in order to gain temporary security deserve neither liberty nor security". May more judges heed the wisdom of one of our country's founding fathers.

Sent by kjw | 5:46 PM ET | 09-27-2007

You were disappointed in 2000. You were disappointed in 2004. You will be disappointed in 2008. Then you'll be wishing 2012 was here. And the Patriot Act will still be in place.

Maybe with a few name changes in the interim.

The definition of insanity is performing the same act over and over again, with the same results, expecting it all to change.

But I suppose to futile wishing serves a psychological purpose in the guise of hope. Albeit, hope and denial become one and the same. Denial takes the pressure off. For a while.

Probably the reason nothing ever changes is because being in denial is not the same as realizing the core roots to the continual problem.

Without understanding those roots, people are doomed to a cycle of hoping things with change. Instead of changing them.

So, where does the media come in at this juncture? Does the media continue to help create denial? Of does the media ever find the freedom to report the truth?

Actually, it looks as though Russians are more happy now than they ever were. Now that Stalinism has had a facelift.

As for Jefferson and Franklin....those who control history, control the future.

fred call aka bigbro

Sent by fred call | 6:55 PM ET | 09-27-2007

The patriot is unconstitutional. It's like in the Communist society where youhave to evesdrop the neighbours, the phone calls, even maybe open the mail of the mail. I am sure we're doing it all in "a very sophisticate way" and for the good of the people.
Let's call it the Comarade Act!

Sent by HERA | 5:16 PM ET | 09-28-2007

Unfortunately, the Patriot Act is another issue that neither party is willing to change.

Everyone, I urge you to keep tabs on the Russia Today internet news postings. Just type in your search engine Russia Today.

And I urge NPR to provide more concise reportage on the economic policies of Russia and China.

I have noticed a very interesting parallel between the directions of Russia and America's domestic and foreign policies. Both sides are super nuclear powers vying for the oil.

Vladimir Putin is roundly lauded in Russia for having brought economic wealth to the citizenry. In return, the citizenry of Russa are lauding their hero Josef Stalin. An interesting reversal in history.

As for the oil wars, add in the populations of China and India and Pakistan, and you get an idea how limited the oil supply is on a global level.

Neither American party has an exit strategy from Iraq. And neither party has an alternative energy plan for the near future.

The energy you'd spend protesting a war that neither party is going to end can be better spent demanding an alternative energy program, and better care for our troops.

fred call

Sent by fred call | 10:42 AM ET | 09-29-2007

Fred,

Remember how we all laughed and thought Bush naive when he said that he looked into Putin's soul and saw a kindred spirt. What if what he really saw was something to emulate.
I agree that it is a national disgrace the way we are so cavelier as to put our troops in harms way, then deny them the care they need when they get home. One would think that $70+/barrel oil would get us off that bandwagon, but I'm afraid it's going to take someone who has the guts to stand up to both the oil industry and the American automotive industry to do that.
My question is this, how do we as a people right the wrongs that have been perpetrated in our names - socially, politically, environmentally? To whom do we turn when those in power, in both parties, view party loyalty greater than loyalty to the will of the people? Both parties claim to do the will of the people, but they don't seem to understand the meaning of the word compromise - which is the way to govern. Idealogues on both sides only serve to coarsen the discourse, not move the discourse in a positive direction.
What's the answer, here? I'm open to suggestions.

Sent by kjw | 3:43 PM ET | 09-29-2007

Dear KJW....How do we right all the wrongs? Gee, if I had that answer, I wouldn't last long. You know what they do to prophets and such. And I'm a long way from deitific. Maybe, thank the deities. It'd take some supernal intelligence to figure that one out. Gandhi might have come close. But by the time I started talking up an answer, the blog owner would shut me down for taking up too much cyberspace.

Taking that into account, pick a goal. A singular goal. Stick to it. Don't try to right all wrongs. Try to right one wrong.

I grappled with this challenge and came to the conclusion that if everyone mailed their congress person, right or left, that somewhere congress and the White House would find more funds for the veterans. The war simply ain't gonna end. And people are hurt. Real hurt.

Maybe someone like Jerry Lewis could do a telethon or something for the wounded soldiers and the families who've lost loved ones and so forth. If we all put our minds to it, there's got to be an answer. A unified Support the troops. It'd take some dastardly people, either right or left, to not support the needs of those who've suffered. No sense arguing if the war was justified or not. The damage has been done. Go from there. Can't go backwards in time.

So, as for an initial suggestion, send this youtube video to your congressional representative. Tell them that your priority in voting decision making goes to those in congress who do the most for this soldier. And other soldiers.

Wounded soldier talks about combat experience
http://www.youtube.com/watch?v=LF4qVSZW9DE

Don't be pro war or anti war with that representative. Don't even bring up that end of the subject. Just say you want the government to bend over backwards to help this soldier. Then, let me know if you get a response from that congressional representative. And I'll send that representative another video. You'd be surprised how many stories there are on youtube.

Oh, yeah, write to NPR and other media outlets and tell them we need more reportage emphasis on this problem. Awareness is always a big first step. Write to Fox and Air America in the same tone. Stay balanced and clear. Don't get too emotional. But be honest.

And maybe you and I have to be the first to compromise, for the encompassing good....after all the bad.

Let me know how it goes with you and your friends.

fred call

Sent by fred call | 10:28 PM ET | 09-29-2007

Oh those damned activist judges! How dare they aid the terrorists by protecting the libtard Defeatocrats! Shame on them for not supporting our troops by allowing the authorities to incarcerate anyone remotely suspected of Islamofascism! I say citizens wearing T-shirts with the expression "kill 'em all and let God sort them out" are the only ones above suspicion. Obviously, a person wearing such a T-shirt has nothing to do with the dogma of Jihad. We want to feel safe from everything, everywhere at all times and these evildoer judges have the audacity to deprive us of the state security blanket! Only one thing can save our white christian nation from the brown muslim hordes just waiting to devour us. We must have an UBERPATRIOT act: the Unlimited Bugging Eternally Required Power Anticipating Trampling Rights In Our Town act! Remember that freedom isn't free and war is peace! Furthermore, oh wait, um, I'm not posting on Freerepublic.com, am I? Oops, my bad. Nevermind.

Sent by John R. Otten | 6:12 PM ET | 09-30-2007

Dear kjw:

Now that I've heard John's train of thought, I have to chuckle that my replies to your question continue to be repealed. Please do not think that I have not taken your missive serious. I've read very few thought provoking missives on this blog. I appreciate yours. For reasons I will explain, any time I attempt an erstwhile answer to a question put to me, I get put to pasture. Because I violate the tenets of American journalism.

And my rejection is well deserved because there is a valid reason for my failings. That reason goes to the core of the parallel between American journalism and Russian journalism. You noted that I suggested your reading Russia Today to keep up. You asked me for a suggestion how to deal with the world's ills. Awareness is a big way to begin. Allow me to explain.

You see, kjw, the First Amendment Free Speech is American journalism's worst corporate nightmare. The first rule of American journalism is to be corporately objective while making it look as though you are exercising free speech. It's that old bugaboo long running war between the corporations and free speech thing that drives editors and censors stark raving mad. They have to decide what they can print that won't cost them their heads. In every newsroom there is a backroom with a wrack for first time offenders, and a guillotine for more serious breaches of American corporate journalism ethics.

This is a reason I suggested you read Russia Today. Russian journalists tell the truth when they relay exactly what Vlad "The Impaler" Putin is thinking. Because Putin tells them exactly what to say. Russian journalists are not bound by making decisions. There is none of the American journalism angst of trying to create something for the public to read that is restful. With Pravda, you get the total, unvarnished truth from the Kremlin. Whether you like it or not. American journalism, from the White House, you get a imag of journalists making up things they think the American public wants to hear about what their leaders are thinking. It's part of the price one must pay for free will, free speech and a good night???s sleep in the land of the free.

Consequently, read Russian newspapers for the truth. Read American newspapers for restful fiction. Watch the television series "24" for good fiction, and stick to the internet for virtual reality. World awareness is the first big step to solving any world problem. Knowing how to use the media is another.

But, kjw, I will get a reply to you on this blog even if I have to resort to good old corporate American know how and pitch a complaint to the corporate front office. Now that I've seen John's mention of Islamonazis and other interesting foibles.

John even used the word damned and Uberpatriotic and muslim hordes and God's T-Shirts and libertard defeatocrats.

Did I get that right, John? Thank you for your assistance in this matter, John. You are helpful in illustrating how thoughts are handled in various parts of the world. I owe you one.

kjw, that's how America works. And that's how Russia works. You asked for a suggestion. My suggestion, learn how to express yourself within the parameters of the system.

Another suggestion, kjw, when replying on a blog, first type out your reply on word so that you have a copy of everything you post. Keep a backup on disc of everything you write.

And don't let them push you around. The corporate libertard defeatocrats and muslim hordes and all.

Fred call

Sent by fred call | 11:32 PM ET | 09-30-2007

Dear kjw....

This morning I woke to the thought that not only should we do what we can do for our D.A.V.s (Disabled American Veterans), but that we should all go to bat for our M.I.A.s (Missing in Action) and our P.O.W.s (Prisoners of War). There are organizations devoted to those erstwhile causes.

And, yes, maybe George Bush and Vladimir Putin and Josef Stalin and Frankling Delano Roosevelt and Winston Churchill all can look into each other's souls as kindred spirits.

Stop to think, Franklin Roosevelt spent most of his presidency in a wheelchair. With braces on his legs, felled by crippling polio. Given the way the media is structured today in creating images of our politicians, one wonders if FDR could get elected today?

fred call

Sent by fred call | 9:39 AM ET | 10-01-2007

Hi F.C. Glad I could help. You're most welcome. One question for you though, when you're talking about the difference between the Russian media and the American media, and how the former is for the truth and the latter is for 'restful fiction,' how exactly did you factor in all the Russian journalists who've been shot in the last, oh, 20 years or so because they got too close to the truth? In America, of course, we have Chauncey Bailey and that's about it unless you want to go back more than two decades. What's the assassination count for Russian journalists in the last couple of decades? Just wondering about your perspective on this.

Sent by John R. Otten | 2:28 PM ET | 10-01-2007

Good point, John. You're welcome. And if I can do one for you, don't hesitate to ask. Synchronistically,, someone recently sent me an link saying that 300 Iraqi journalists have been murdered in the past five years. I could mention all the foreign journalists who died in Vietnam and Cambodia. There was the famously televised incident of the journalist being shot in cold blood during the cool aid Jonestown situation. Oliver Stone made a movie starring James Woods about Latin America and journalists [Editor's note: It was "Salvador"]. There"s the movie about the Killing Fields, in Cambodia. And I can even add on Al Capone's journalist, Jake Lingle, who was found in a Chicago subway with a bullet in the back of his head.

As for Litvinenko being pumped with Plutonium 210, whatever happened to the simple bullet behind the ear? Someone certainly wanted to send a dire, worldwide message. Whether it was Putin or the Chechens or whoever. David Cronenberg is coming out with a new movie about the Russian Mafiya in London, titled "Eastern Promises." With Vigo Morgen-however-you-spell-his-name, from "History of Violence."

As for Russian media paralleled to American media: the Russians have studied us. Look at how many Russian journalists speak and write fluent English. They took free speech and mixed it with Stalinism. We take free speech and mix it with corporatized Orwellian psychology. The Russian media looks to be really polishing up their act. All that adverse global publicity about using Plutonium 210, my guess is the Russian media will continue to emulate the corporate psychological method and dispense with the nasty overt publicity.

Future bothersome free speech type Russian journalist will be sent to cover the parking conditions in carbon monoxide infested airport parking garages, and simply forgotten. Or, as Ben Siegel said, "We only kill each other." I'm impressed with the globally economic maturity of the Russian media. They are steady studiers and quick learners. Here in America, we could end up eating their dust as they pass us by.

Now, if democracy can actually maintain a genuinely objective media format...you know, that prehistoric term of 'Middle of the Road'......democracy might hold its own for a few more months or so. Who knows? (shrugs).

fred call

PS...as unsightly a fellow as Lincoln was, he probably couldn't get elected today. And Josef Stalin was ugly as sin with pockmarked face and withered arm....and the Russians want him back. Go figure?

Amazon.com: The Making of the President, 1960: Books: Theodore ...
Students of politics and political reporting should cheer: This too- long-out-of-print classic is coming back.

Sent by fred call | 3:43 PM ET | 10-01-2007

Dear kjw,

We got a little sidetracked here with blogging folderol and funning around. And I'd prefer to get back to the subject of concern for our wounded troops, and for MIAs, POWs. And I will say a word about how the uniformed soldier feels about the antiwar movement.

Now, kjw, if you sat down and talked to soldiers, face to face, like I do, you might see a different light. The antiwar movement.org people have created a virtual reality antiwar movement. Which is a great deal of difference from the Real Time feelings of soldiers. People look at the computer screen and the antiwar.org website and they think this is reality. It's not. It's virtual reality. Which is a reason why the antiwar movement is failing so badly. The difference between virtual time and real time is very significant.

The soldier resents being the brunt of a civilian protest marcher's chant. The soldier hasn't asked a protestor to save them from being in the military. Being in the military is the life they chose. They don't want to be treated as the fools who don't know what they are doing. They joined the military. They are in a brotherhood. And they like people to know they take care of each other.

Yes, death and dismemberment happens in war. And in Real Time, the Veterans' Administration is overtaxed and under funded. And this is where civilians come in. This is not so much feeling sorry for the soldiers. It's helping someone. Plain and simple. Good karma all around. Put your efforts into bolstering the VA system to better help the wounded.

And it's apolitical. Sure, the politicians can be genuine pig f******. But don't hold that against the soldiers. So, kjw, if you want to make the karma around you just a little better, separate the politics from the humanity.

Sorry about all the distractions. But that's what the internet is about. A lot of white noise and chaos theory you sometimes got to wad on through.

fred call

Sent by fred call | 10:47 PM ET | 10-01-2007

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