BREAKING: Two more provisions of Patriot Act struck down (UPDATED with video)
By bluegal Wednesday Sep 26, 2007 10:49am
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And we have lots to celebrate because a federal judge cited a provision of a little-used document known as "The Bill of Rights."
Wapo: A federal judge in Oregon ruled Wednesday that two provisions of the USA Patriot Act are unconstitutional, marking the second time in as many weeks that the anti-terrorism law has come under attack in the courts. ...Judge Ann Aiken ruled that the Patriot 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." Read more...
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Wonderful! But there will be no change!! So, what's the big deal?
Separation of Powers. Inalienable Rights.
What grand concepts.
SpankyTheMonkey @ 1:
Exactly!!!!!
Congress is OUT OF ORDER!
One voice at a time...
Dr. Acula @ 3:
Would you rather Judge Aiken upheld the "Patriot" Act?
Wow, a judge figured out the obvious. The shrub must prune him and put in a toady.
RIDDLE: WHAT WOULD THE GOP LEADERSHIP SAY IF BUSH LITERALLY CRAPPED ON THE CONSTITUTION?
SpankyTheMonkey @ 1:
At least we have someone in the courts that beleive in the constitution. We have a chance to reverse some things.
Slightly o/t, but that damn left-wing media keeps ignoring the very American issue of restoring the rule of law.
It looks like I'm a Kucinich man...
http://www.usatoday.com/news/politics/election2008/candidate-match-game.htm
I am allowing myself a little happiness over this.
Not crazy about this quote however: the administration "will consider all our options" in responding to yesterday's ruling.
Oregon is progressive and consistently way ahead of the govt, and I wonder if any of the other state would have made that same decision?
Gorden Smith is going down, as his company Smith frozen food inc. violated his own law that he wrote to protect the environment 3 times. Other than that we have a pretty good solid progressive state.
LOL, I just got done e-mailing C&L about this to make sure they were on it.
I'm proud that this ruling came out of my home town.
hadenuf @ 9:
They'll appeal. It's what they do. Can't let some crazy judge stop 'em shitting on the Bill of Rights.
One more reason I love living in Oregon
ashabot @ 5:
I'd rather see something REAL and CONSTRUCTIVE happen is what I'd rather see...... otherwise nothing is solved!
It ain't over 'til the SC weighs in on the issue. Good start though.
Ron @ 8:
Perpetual optimist, Ron.... :) But, I hear ya.... Guess I'm just too cynical---either that or a realist! *gasp*
Those dang libral judges. They must be with the turrists!
SpankyTheMonkey @ 14:
And perhaps you like to complain a lot. I'd like to see the whole so-called Patriot Act repealed YESTERDAY...LAST YEAR...NEVER HAVE HAPPENED AT ALL but here we are because not enough people spoke up in the beginning. So Judge Aiken is speaking up now. Good for her. Why tear it down? Add your voice. Build on successes like this. If you can't understand that you are part of the problem. Perhaps you are a clever troll cashing in on people's despondency over our current abysmal state of affairs.
alex @ 13:
Get to work on secession.
Those progressive bubbles--Ithaca, NY; Chapel Hill, NC; Austin, TX, etc. will be joining you.
At least we'll have it in writing that what the administration is doing -- and will of course continue to do -- is unconstitutional.
This is a huge theoretical victory!
ashabot @ 17:
Or, perhaps I could be a realist and refuse to see things through your rose-tinted glasses! As for the "...if you can't understand that you are part of the problem." line my guess is you're one of those who also believe 'either you're with us or against us!'.... kinda like the happy people we "...complain a lot." about in the happy White House. Check yourself, my friend. And, please do ignore me. Rest assured I'll ignore you.
alex @ 13:
We just celebrated our twenty-fifth year in Oregon with more joy than even our recent forty-second wedding anniversary.
Good.
There are still laws.
John S. Koppel, longtime attorney at the U.S. Department of Justice
also understands.
He has never been so ashamed. Bush Justice Is a National Disgrace,
http://www.truthout.org/docs_2006/070907N.shtm
hadenuf @ 18:
The Oregonian used to run an article once in a while on secession suggesting that Oregon, Washington and British Columbia peel off and form a country called Cascadia.
See that? That's my little glimmer of hope trying to stay alive. I hope Judge Aiken has bodyguards with her at all times.
Another good thing, the hate crimes legislation passed today with a veto proof vote.
hadenuf @ 9:
option 1: judge dies alone in her car obvious suicide
option 2: judge is in airplane that crashes
option 3: invade iran
option 4: create fake terrorist attack and disband congress (emergency powers)
what's it gonna be?
And if it goes to the Supreme court Bush's pocket judges will uphold it.
FWIW, I was married to an optimist and gave birth to one.
My observation is that neither is very prepared for bad stuff--you know, the kind that life dishes out periodically or even daily.
You can't rip off rose colored glasses without having something else in its place, which we don't offer.
Wolfram and Hart is on permanent retainer for the Bush Administration.
paranoia @ 10:
"Oregon is progressive and consistently way ahead of the govt, and I wonder if any of the other state would have made that same decision?"
Oregon is indeed a progressive state but Judge Aiken is a *federal* judge. That means her decision affects federal law, not state law.
Of course, the administration in "considering their options" will doubtless opt for ignoring her ruling and continuing to do whatever they damn well please. What else is new?
Rulings such as this one are nothing more than fly specks to this bunch. Nothing, short of impeachment and removal, is going to stop them from trampling all over our Constitution and the basic human rights of people all over the world.
jb
just wait til there is another attack (more than likely fake). That will make all the wimps give up ALL of their rights and run to W to protect them. . . Only the 'tough' republicans can protect them by shredding the constitution!
Fair and Balanced
Thank the stars we have at last one branch of government willing to do its job, unlike the pussy Dems in Congress.
God damn those who took what little fresh air I got after reading this article by your realist replies to such.
Although, I know ya'll are right. Still doesn't mean it doesn't sting when ya try to take a breath of fresh air and somebody opens your mouth and craps in it. :P
naschkatze @ 23:
"The Oregonian used to run an article once in a while on secession suggesting that Oregon, Washington and British Columbia peel off and form a country called Cascadia."
Not sure why BC would want to secede from Canada.
anyway, there *is* a long-standing secessionist movement in the Pacific Northwest, the "State of Jefferson". It would carve a new state out of Northern California, from Mencocino County, and Southern Oregon, to Douglas County.
I say why make a new state? Why not a new Country? :-)
jb
harry scrope @ 34:
Treading water with no help in sight isn't fun.
Don't you people get it!? Bush have to abolish your rights in order to protect them from the freedom-hating terrrrists!
30 minutes ago
YANGON, Myanmar - Security forces fired automatic weapons into thousands of pro-democracy protesters for a second day Thursday, and the military government said nine people were killed and 11 wounded.
Sadly, nothing will change. Democrats will point to Judge Aiken's ruling and affirm that 'the system works' ... and then they'll turn around, put their paws in the air and finish destroying FISA via the Protecting America Act.
Come on. Only the chronically deluded actually believed that the 'sunset clause' in the USA PATRIOT Act would ever come into play. It's the original version of 'return on success' - the 'threat' will never go away (or rather, the criminals at the top will never admit that they are using a remote threat for political and personal gain).
And as long as we have DINO's like Dianne Feinstein paying lip service to the Fourth Amendment (then subsequently voting to confirm a man who doesn't know the difference between 'reasonable suspicion' and 'probable cause'); gutless wonders like Nancy Pelosi and Harry Reid, who refuse to even consider impeachment and, in fact, go out of their way to bury Russ Feingold at every turn; and a press corps that falls for the carnival okey-doke with depressing regularity ...
... we're screwed.
Nothing made my vote in 2006 seem more like rearranging the deck chairs on the Titanic than Pelosi and Reid's taking impeachment off the table.
BUSH REACTS TO RULING ON PATRIOT ACT
The Decider hates the BOR. And free speech. And atheists. And blacks. And poor people. And gays. And a woman's right to control her own body. And Democracy. And librarians. And now pool cleaners.
Frybread @ 33:
I forgot to add that I commend the man who had the courage to go ahead with a lawsuit. He could have just accepted the $2-million settlement and the apology and left it at that. But he didn't, and we are the better for it. We can't rely on the pussy Dems to do anything, so it is up to the American citizens to challenge the Patriot Act through litigation.
I welcome our robot overlords.
Che's Lounge @ 41:
Don't forget to add intellectualism and the concept of humility.
It's all about oil
http://www.pierrelemieux.org/Images/Oil%20prices%2070-05.gif
Frybread @ 42:
Mayfield went forward with the suit because the FBI retained personal documents and other possessions taken during their 'search.'
The Chimp must be stewing right about now. How dare another branch of government challenge his authoritah!!!
Great Frybread King @ 47:
He's probably eating pretzels right now while watching cartoons.
L.A. Confidential @ 48:
If the Chimp is on the East Coast it is about 1 p.m., which would mean it would be nap time, right?
Great Frybread King @ 49:
Right probably is nap time. A few hours.
Great Frybread King @ 49:
Cheney just naps during meetings.
L.A. Confidential @ 51:
Cheney is diabolical. He's just pretending to nap to catch his enemies off guard. Similar to how some predators will feign injury to lure in their prey.
I would not be surprised if there are new Terror Alerts !!!! in the very near future.
SpankyTheMonkey @ 20:
Rose-tinted glasses? You really missed the point. Troll.
Blitzer seems to think that following the constitution is considered a set back. how sheepish.
I am relieved that finally someone cites the 4th Amendment aginst the Patriot Act
Also Ernest Callenbach wrote an interesting book about Washington, Oregon and Northern California seceding from the United States called Ecotopia in the 70's.
we have a constitution??
i thought they burned that sucker on the first day of the chimp's term
L.A. Confidential @ 51:
He does that because he has no intention of actually listening to anything anyone says at the meeting.
I think most people understand this about the Patriot act . What is not understood is why it takes this long for judges to rule on these issues. ?
L.A. Confidential @ 45:
I see that the graph is in constant dollars.
Any idea what the price of oil would be in relative dollars? To the late 70's.
Robt @ 59:
First you need a defendant who is willing to challenge the constitutionality of the charges against him (rather than plead out), and after that it just takes a long time for cases to get through to a decision.
Robt @ 59:
Some of it is just plain scheduling. The rest is direct obstructionism from Alberto's House of Waffles.
Yahoo!! I'll take anything we can get - every little bit helps.
*
Shit floats and the Supreme Court will have the last word. I hope for nothing.
Zyler @ 55:
You're right: "A severe setback for the Bush administration".
Not, a great day -or moment-- for civil liberties.
"This just in, a new ruling against the center piece of the Bush administration's war on terror." Blitzer
No Wolf, it's a ruling against the Bush administration's war on the Constitution and the American people!
He's such a frigin' tool!
Damn activist judges! They're going to force Chimperor to dissolve the courts and suspend the constitution in order to get his way.
Dana @ 68:
Actually, USA PATRIOT is the centerpiece of the Bush Admin's 'War on Terror' ... it's just that it's as much of a con-job as the parent concept.
It's apparently too much to ask Wolf to present the facts. After all, he made his mark covering Gulf War I.
Great News.....!!!!!
Baby Steps. We are in the valley of darkness. Baby Steps
My only fear is the Imperator will appeal the decision up to the Supreme Court, which has neoconservative sympathizers.
OpinMynd @ 71:
With apologies to Frank Miller ...
"You face not 300, but 40,000 MoveOn.org members, plus thousands more free Americans!"
Ann Aiken rules
Kudos to an American patriot - long live the constitution!
Having said that, since Nixon got his appointees, the Supremes have turned the 4th amendment into a virtual dead letter. Some examples:
In a traffic stop for any violation, you are technically under arrest, so a search of your vehicle is legal.
If you are arrested - even on an expired, bogus or nonexistent warrant the cop can search your vehicle - if he had "good faith" it was a valid arrest.
A motor home that is your primary residence is a vehicle even if it has no wheels or engine and can be searched without a warrant.
We now have the most freedom hating SC since Dred Scot - wonder what they are gonna do?
The terrorists hate us for our freedoms. If we get rid of our freedoms, the terrorists will love us. Bush is just obeying the terrorists in trying to get rid of our Constitution.
If we bring back the Constitution, the Bush's hard work in appeasing the terrorists and making their dreams come true will go unfulfilled. The terrorists will hate us again, for our restored freedoms.
Proud to be from deep blue Oregon - and even bluer Portland (sometime called The People's Republic of Portland.) Next we can boot Gordon Smith and replace him with John Frohnmeyer (IN) or Steve Novick but not the DLC candidate Merkley. And blessings on Brandon Mayfield, who was horribly abused by his government (on one of the 'sneak and peeks' in his home, they took his kid's Spanish homework - do you think the teacher would accept the excuse of 'The FBI ate my homework'?) and still stood up and insisted on his rights under the Constitution.
The repugs will roll out the old "libuhral activist judges who try to create law instead of interpret it" talking points.
Everybody count how many times the phrase "activist judges" is used in the next few days.
Heh, I'm proud that this *setback* is being caused by my home state, Orygun. Not that anyone of y'all should move here, mind you. It's cloudy, rainy, and most of the residents smell funny.
As hard as BushCo may try and shread the very laws ie: The Constitution and BillOf Rights,, sooner or later there was going to be a legal challenege and that the only outcome ( if we are a nation of laws as well as a people that believe in upholding them ) would be to undo this vile administrative action on behalf of a deranged president.
As Naomi Klein has said recently, the powers to be in government will use an opportunity like 9/11 to push through ever more draconian measures on its people when they are shocked and disoriented. The Patriot Act and the fools in Congress who allowed its passage should all be brought up on treason charges.
coleshack @ 31:
Maybe Angel will take over again.
Didn't Cheney say he wasn't part of the executive branch? He'll probably say this doesn't apply to him.
That's all fine and well, and kudos to that judge. However, the Decider-in-Chief doesn't give two hoots about it, he'll let the matter ultimately go to the Supreme Court which he has packed with his obedient lackeys. The fix is in.
Despite the ruling, the intrusions and abuse of power continues. The law enforcement are making up new excuses. Watch out out there -- law enforcement isn't interested in the law: they're interested in pre-textual stops, and going on fishing trips.
Even the innocent with clean records are getting probed. Law enforcement, when it cannot find anything, will use the "lack of evidence" to keep digging deeper. Remain calm during their interrogation. They may insult you to attempt to provoke you. Control your anger, and know that the detention will end, however many hours you may be arrested.
You're not going to be forgotten. Please forward this to all your friends. Allies outside the US are well aware of this abuse of power, and remain well aware of the illegal detentions and intrusions that continue. You're not alone.
i double dog dare the SC to overturn this ruling.
Robt @ 61:
My sentiments exactly. I'm still waiting for something on "legal" torture. The most un-American thing I've ever witnessed!!!!
The only hope is, a few of these judges can keep this stuff in the courts until the Bush administration "expires" (be that however it may occur-- it won't be my definition of "expire"), and a "sane" or "saner" administration takes over.
L.A. Confidential @ 53:
Crawling out of his spider hole tuckers him out.
Why does little Wolfie shit still have a job? He should learn how to have a journalistic backbone from Cafferty. Instead, he repeats all of the talking points his Repug masters feed him, like a good little puppy dog.
Ah, another judge whom they've failed to corrupt. Bless her.
Watch the fascist thugs masquerading as justices on the US Extreme Court overturn her.
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