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CNN: Federal judge rules 2 Patriot Act provisions unconstitutional

 
maya12-21-2012
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07/03/2008 04:52 PM
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CNN: Federal judge rules 2 Patriot Act provisions unconstitutional

Patriot Act Ruled UNconstitutional


Napolitano - Unconstitutional Patriot Act

Federal judge rules 2 Patriot Act provisions unconstitutional

(CNN) -- A federal court on Wednesday struck down two provisions of the Patriot Act dealing with searches and intelligence gathering, saying they violate the Fourth Amendment protection against unreasonable searches and seizures with regard to criminal prosecutions.

"It is critical that we, as a democratic nation, pay close attention to traditional Fourth Amendment principles," wrote Judge Ann Aiken of the U.S. District Court for the District of Oregon in her 44-page decision. "The Fourth Amendment has served this nation well for 220 years, through many other perils."

The Foreign Intelligence Surveillance Court of Review, set up to review wiretap applications in intelligence cases under the Foreign Intelligence Surveillance Act, or FISA, "holds that the Constitution need not control the conduct of criminal surveillance in the United States," Aiken wrote.

"In place of the Fourth Amendment, the people are expected to defer to the executive branch and its representation that it will authorize such surveillance only when appropriate."

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.

The ruling was a response to a lawsuit filed against the federal government by Brandon Mayfield, a Portland, Oregon, attorney who was wrongly arrested for alleged involvement in the 2004 Madrid train bombings.

Spy chief wants eavesdropping law changed
The federal government later apologized to Mayfield and settled part of Mayfield's lawsuit for $2 million. But Mayfield was permitted to keep pursuing the portions of his lawsuit challenging the constitutionality of the Patriot Act.

Mayfield claimed in the suit that his home and law offices were secretly broken into by the FBI, his clients' files at his office were searched, his business and personal computers were secretly copied, his telephone was wiretapped and his home was bugged.

Mayfield said he was "excited and happy" with the ruling.

"This, to me, is not so much personal," he said. "I think it's just the right thing to do. It was the right thing to continue to challenge the constitutionality of the Patriot Act."

"This is an example of the judicial branch doing what it should do, and that's to be a check and balance for the legislative and executive branch of government," he said. "I feel wonderful today, because the Fourth Amendment has been restored to its rightful place, and the balance between liberty and security is balanced again."

Mayfield's attorneys -- Gerry Spence, Elden Rosenthal and Michelle Longer Eder -- lauded the ruling.

"Judge Aiken, in striking down the challenged provisions of the Patriot Act, has upheld both the tradition of judicial independence and our nation's most cherished principle of the right to be secure in one's own home," they said in a written statement. "We are relieved that the Bill of Rights can be honored and preserved even in times of perceived crisis."

Aiken ruled that FISA, as amended by the Patriot Act, permits the government to conduct surveillance and searches targeting Americans without satisfying the probable-cause standard in the Fourth Amendment.

"Prior to the amendments [to FISA], the three branches of government operated with thoughtful and deliberate checks and balances -- a principle upon which our nation was founded," Aiken wrote.

But the Patriot Act, she said, eliminated "the constitutionally required interplay between executive action, judicial decision and Congressional enactment."

"For over 200 years, this nation has adhered to the rule of law -- with unparalleled success. A shift to a nation based on extra-constitutional authority is prohibited, as well as ill-advised," she wrote.

Aiken noted that FISA does not require that the subject of a search be notified, although the Fourth Amendment ordinarily does. In addition, she said, the Fourth Amendment requires particularity -- authorities seeking a search warrant, for example, must list what they are looking for and where they are looking for it.

Named to the bench in 1997 by President Clinton, Aiken is considered one of the more liberal judges on the federal bench in Oregon.

[link to www.cnn.com]
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Kanigo2

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07/03/2008 04:58 PM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
Good Catch Maya

Some parts of the provisions.....


4th Amendment....Was this a case that is currently being presided over?
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
All Right! Now, let's get rid of the rest of it.
entropy

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07/03/2008 05:02 PM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
All Right! Now, let's get rid of the rest of it.
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Anonymous Coward
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07/03/2008 05:03 PM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional

Patriot Act Ruled UNconstitutional

Federal judge rules 2 Patriot Act provisions unconstitutional

(CNN) -- A federal court on Wednesday struck down two provisions of the Patriot Act dealing with searches and intelligence gathering, saying they violate the Fourth Amendment protection against unreasonable searches and seizures with regard to criminal prosecutions.

"It is critical that we, as a democratic nation, pay close attention to traditional Fourth Amendment principles," wrote Judge Ann Aiken of the U.S. District Court for the District of Oregon in her 44-page decision. "The Fourth Amendment has served this nation well for 220 years, through many other perils."

The Foreign Intelligence Surveillance Court of Review, set up to review wiretap applications in intelligence cases under the Foreign Intelligence Surveillance Act, or FISA, "holds that the Constitution need not control the conduct of criminal surveillance in the United States," Aiken wrote.

"In place of the Fourth Amendment, the people are expected to defer to the executive branch and its representation that it will authorize such surveillance only when appropriate."

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.

The ruling was a response to a lawsuit filed against the federal government by Brandon Mayfield, a Portland, Oregon, attorney who was wrongly arrested for alleged involvement in the 2004 Madrid train bombings.

Spy chief wants eavesdropping law changed
The federal government later apologized to Mayfield and settled part of Mayfield's lawsuit for $2 million. But Mayfield was permitted to keep pursuing the portions of his lawsuit challenging the constitutionality of the Patriot Act.

Mayfield claimed in the suit that his home and law offices were secretly broken into by the FBI, his clients' files at his office were searched, his business and personal computers were secretly copied, his telephone was wiretapped and his home was bugged.

Mayfield said he was "excited and happy" with the ruling.

"This, to me, is not so much personal," he said. "I think it's just the right thing to do. It was the right thing to continue to challenge the constitutionality of the Patriot Act."

"This is an example of the judicial branch doing what it should do, and that's to be a check and balance for the legislative and executive branch of government," he said. "I feel wonderful today, because the Fourth Amendment has been restored to its rightful place, and the balance between liberty and security is balanced again."

Mayfield's attorneys -- Gerry Spence, Elden Rosenthal and Michelle Longer Eder -- lauded the ruling.

"Judge Aiken, in striking down the challenged provisions of the Patriot Act, has upheld both the tradition of judicial independence and our nation's most cherished principle of the right to be secure in one's own home," they said in a written statement. "We are relieved that the Bill of Rights can be honored and preserved even in times of perceived crisis."

Aiken ruled that FISA, as amended by the Patriot Act, permits the government to conduct surveillance and searches targeting Americans without satisfying the probable-cause standard in the Fourth Amendment.

"Prior to the amendments [to FISA], the three branches of government operated with thoughtful and deliberate checks and balances -- a principle upon which our nation was founded," Aiken wrote.

But the Patriot Act, she said, eliminated "the constitutionally required interplay between executive action, judicial decision and Congressional enactment."

"For over 200 years, this nation has adhered to the rule of law -- with unparalleled success. A shift to a nation based on extra-constitutional authority is prohibited, as well as ill-advised," she wrote.

Aiken noted that FISA does not require that the subject of a search be notified, although the Fourth Amendment ordinarily does. In addition, she said, the Fourth Amendment requires particularity -- authorities seeking a search warrant, for example, must list what they are looking for and where they are looking for it.

Named to the bench in 1997 by President Clinton, Aiken is considered one of the more liberal judges on the federal bench in Oregon.

[link to www.cnn.com]
 Quoting: maya12-21-2012



About FUCKING time! GO Judge Ann!! Whoo hoo!
Anonymous Coward
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07/03/2008 05:04 PM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
Im glad there are still some good judges in the system!
zacksavage

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07/03/2008 05:14 PM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
About time,...

The whole thing stinks to high heaven.







Z
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Canadian Cold Front
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07/03/2008 05:34 PM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
This is a grave defeat for The Powers That Were. What a wonderful woman.
TX PATRIOT
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07/03/2008 08:09 PM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
Damn....why is this thread on page two??

THIS news definitely deserves a pin!


KUDOS to the judge.
Anonymous Coward
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07/03/2008 08:23 PM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
Fantastic news !!

5 stars all the way!!

Unpin the RP thread, the Iran poll, the arson thread, Q files and pin this news !!
Anonymous Coward
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07/03/2008 08:58 PM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
Damn....why is this thread on page two??

THIS news definitely deserves a pin!


KUDOS to the judge.
 Quoting: TX PATRIOT 440969


I'm with you on this one!
Anonymous Coward
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07/03/2008 09:01 PM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
bump off of page 2 back to page one.

This is very important as Bushit's house of cards in now beginning to feel a breeze. Let's impeach both him and Cheney now and get it over with.
Anonymous Coward
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07/03/2008 09:10 PM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
fan freaking tastic!

The whole notion of the "patriot" act is unconstitutional!!!

If you want to live in the USSR, go freaking move there!
TX PATRIOT
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07/03/2008 09:12 PM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
Unfortunately, Judge Aiken should consider hiring personal security services now.



Keeping this to the top for awareness.
Anonymous Coward
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07/03/2008 09:29 PM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
In case anyone wants to express an atta-girl & thank you for upholding our constitutional rights.......


Hon. Ann Aiken
Judicial Assistant: Kellie King
Courtroom Deputy: Leslie Engdall
(541) 431-4140
(541) 431-4102
Anonymous Coward
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07/03/2008 11:28 PM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
Thar she blows! The winds of change, bringing with them the first steps to returning to the Constitution and Bill of Rights as the law of the land.

Kudos, Judge Aiken!
.
ViperThunder

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07/04/2008 12:57 AM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
videos removed
Let There Be Peace
Anonymous Coward
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07/04/2008 01:39 AM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
pin please
Anonymous Coward
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07/04/2008 02:51 AM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
bump 5a
Anonymous Coward
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07/04/2008 02:53 AM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
bump bump bump
Anonymous Coward
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07/04/2008 03:04 AM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
Thar she blows! The winds of change, bringing with them the first steps to returning to the Constitution and Bill of Rights as the law of the land.

Kudos, Judge Aiken!
.
 Quoting: Anonymous Coward 267870


How nice these patriotic people come about when Bushfuk's term is near an end.

To bad it is to late, but none the less a good start!

smoke, and mirrors, or is this genuine?
Anonymous Coward
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07/04/2008 05:18 AM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
Good -- now maybe those Sneak+Peaks won't be as likely to be Sneak+Plants
TX PATRIOT
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07/04/2008 07:23 AM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
Quite an appropriate pin considering the topic and today's date.

.
Anonymous Coward
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07/04/2008 08:40 AM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
This story was dated September 27, 2007.
Wonder why it never made it to the MSM?
Sweet Justice
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07/04/2008 08:47 AM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
Freedom is on the March!
Anonymous Coward
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07/04/2008 08:58 AM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
This story was dated September 27, 2007.
Wonder why it never made it to the MSM?
 Quoting: Anonymous Coward 461916


So CNN is not MSM Then.
Lemuria
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07/04/2008 10:25 AM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
This story was dated September 27, 2007.
Wonder why it never made it to the MSM?
 Quoting: Anonymous Coward 461916

You mean this happened 10 months ago?!!!! I missed it back then. Thanx for bringing it to GLP.
Lemuria
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07/04/2008 10:31 AM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
Thar she blows! The winds of change, bringing with them the first steps to returning to the Constitution and Bill of Rights as the law of the land.

Kudos, Judge Aiken!
.


How nice these patriotic people come about when Bushfuk's term is near an end.

To bad it is to late, but none the less a good start!

smoke, and mirrors, or is this genuine?
 Quoting: Anonymous Coward 429709

Even Congress people did not read the Patriot Act when it went thru the first time. People, yes, even judges, are waking up.
Go Ron Paul rEVOLution!!!
Queen

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07/04/2008 10:38 AM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
Can we start a class action suit against the TSA for us having to take our shoes off at the airport. I really wished people would wake up to how stupid they have implemeted their acts of fear.
It is time to awaken to your real purpose. It is all up to you.
Anonymous Coward
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07/04/2008 11:16 AM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
Does this mean that they are going to stop doing it? I'm not holding my breath.
Anonymous Coward
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07/04/2008 11:18 AM
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Re: CNN: Federal judge rules 2 Patriot Act provisions unconstitutional
Can we start a class action suit against the TSA for us having to take our shoes off at the airport. I really wished people would wake up to how stupid they have implemeted their acts of fear.
 Quoting: Queen



I'm for profiling. It's ridiculous to search an old fat white guy from Oklahoma. Do I look like a freakin mooslim? I don't think so. It's hard as hell for an old fat guy to take off and put on his shoes and belt while he's standing up.





GLP