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.
9:40 AM ET | 09-27-2007 | permalink


