Judge Strikes Down Parts Of Patriot Act

Says Law Allowing FBI To Silence Those Ordered To Turn Over Private Records Is Unconstitutional

(CBS/AP)  A federal judge struck down parts of the revised USA Patriot Act as unconstitutional Thursday, saying courts must be allowed to supervise cases where the government orders Internet providers to turn over records without telling customers.

U.S. District Judge Victor Marrero said the government orders must be subject to meaningful judicial review and that the recently rewritten Patriot Act "offends the fundamental constitutional principles of checks and balances and separation of powers."

The law had been challenged by the American Civil Liberties Union, which complained that the revised law allowed the FBI to demand records without the kind of court order required for other government searches.

The ACLU said it was improper to issue so-called national security letters, or NSLs - investigative tools used by the FBI to compel businesses to turn over customer information - without a judge's order or grand jury subpoena. Examples of such businesses include Internet service providers, telephone companies and public libraries.

"The good news for civil libertarians is that the ruling puts this part of the Patriot Act into doubt," said CBS News legal analyst Andrew Cohen. "The bad news is that the ruling almost certainly will be appealed to more conservative judges and that even if they also say the law goes too far, Congress retains the right to step back in again and tweak the rules.

"The issue is far from a novel one - who gets to decide what companies can say to their customers when the government forces those companies to turn over certain records? Does a judge get to decide or do federal law enforcement agents? It's a question that has been debated since before 9/11," Cohen said.

Jameel Jaffer, who argued the case for the ACLU, said, "We're very pleased with the decision."

He said the revised law had wrongly given the FBI sweeping authority to control speech because the agency was allowed to decide on its own - without court review - whether a company receiving an NSL had to remain silent or whether it could reveal to its customers that it was turning over records.

Yusill Scribner, a spokeswoman for the U.S. Attorney's office, said the government had no immediate comment on the ruling.

In 2004, ruling on the initial version of the Patriot Act, the judge said the letters violate the Constitution because they amounted to unreasonable search and seizure. He found that the nondisclosure requirement - under which an Internet service provider, for instance, would not be allowed to tell customers that it was turning over their records to the government - violated free speech.

After he ruled, Congress revised the Patriot Act in 2005, and the 2nd U.S. Circuit Court of Appeals directed that Marrero review the law's constitutionality a second time.

Marrero originally ruled in a case pertaining to an unidentified Internet service provider that received one of the letters, in which the FBI claimed that phone or Internet records were "relevant to an authorized investigation to protect against international terrorism or clandestine intelligence activities."

The ACLU complained that Congress' revision of the NSL law didn't go far enough to protect people because the government could still order companies to turn over their records, and remain silent about it, if the FBI determined that the case involved national security.

The judge said the way the law was written "reflects an attempt by Congress and the executive to infringe upon the judiciary's designated role under the Constitution."

He added: "It is axiomatic that in our system of government it is the province of the courts to say what the law is. When Congress attempts to curtail or supersede this role, it jeopardizes the delicate balance of powers among the three branches of government and endangers the very foundations of our constitutional system."

[oakishpines]

'' ... it''s difficult for me to imagine any girl with savage naked men in the family running around telliung everyone to make all the savage naked men disappear, unless she has some personal grievance with such, but how many have such personal grievances and of those that do how may would actionally take such recourse, not many ... and besides, while having the savage naked men disappear today, assuming it can be done, and though it doesn''t gaurantteee that girls will be next, but it does greatly improve the odds that girls will be next, such that there is very little difference in preaching have the men removed and preaching have the girls removed ... and i just don''t see that as a real and serious and sensible threat to be concerned with ... ''

[cyinzl8r]

Always remember that the Patriot Act, hundreds of pages long, was supposedly written in two short weeks after 9/11 and was never given a hearing or otherwise reviewed because somebody mailed deadly anthrax letters to the Democratic leaders, only the Democrats, in the Senate which totally shut down their offices, accesss to their computers, files and mail for five months until the Republicans could take majority control. The source of this highly refined anthrax was determined by the FBI to have been the Fort Dietrich Army lab in Maryland.
Posted by urthsong at 04:47 AM : Sep 07, 2007

A new conspiracy!!! I haven''t heard this one before Too F''n funny. Here I thought you left nuts spouted the same *** day after day and then I see a new one. Way to go. I was getting tired of seeing the controlled demolition of 911 every day.

[nggr]

The fore fathers were smart. They would be sad to see the that Bush''''s damages. The fool hates the constution and has saw so. BUSH *IT IS JUST A GODD@MN PIECE OF PAPER....* Yer an asre sir.
It is what this nation is and be up held. Bush put in place his people who will/do his bidding. You think he cares about America. He don''''t and never did. He belongs to a secret group. A white male only SKULL AND BONES..THE FREE MASONS are in the same style group. Money talks. The nanny govt..have no faith in it. I am a legally blind 52 year old lady.
Posted by MichelleM99 at 06:01 PM : Sep 07, 2007

wait a second, we may have a winner!!?

[nggr]

ARE YOU ALL CRAZY? MOST OF CONTINENTS WILL BE PROBABLE DISAPEARED UNTILL 2050. I REMEMBER YOU THAT WORLD LOST ANOTHER DAY OF FIGHTING FOR EARTH EXISTANCE LIFE. I REMEMBER HIGH SPECIAL UNIVERSE ENERGIES ARE CHARGING DEEPT AERTH WICH RESULTS IN FEW YEARS TO MAXIMOM DECADES IS COMPLETE RECONFIGURATING EARTH SPURFACE TO DEEP FROM HIGHEST MOUNTAINS TO TENS KILOMETERS IN DEEP. AND YOU ARE WRITING POEMS ABOUT WHTE BEARS? :))))))))) YOU ALL CRAZY JUST DON''''''''T IMAGINE WHAT IS COMING TO HAPPEND TO THIS SMALL PLANET EARTH. BY THE WAY, I USE TO LOOSE TO KGB SOME INFORMATION, LIKE F 117 IS BUILT FOR SPACE SHUTLE INVISIBLE SKILLS FOR COSMIC ATTACKS, SPECIAL it SKILLS, SUIT FOR INVISIBLE MISSIONS, AND LISTING OF SECRETS WILL BE CONTINUED TO EVERYBODY TO KNOW. AS YOU SEE, BETTER EXTRACT ME FROM HERE, FROM BUCHAREST, ROMANIA, TO WASHINGTON
Posted by camposanto at 07:20 PM : Sep 07, 2007

this is funny!
Posted by nggr at 08:04 PM : Sep 07, 2007


this is the craziest post EVER!
it is from a different article, about polar bears or somthing. it doesn''t really matter!
WOOOOOOHOOOOOO!!!!

[michellem99-2009]

The fore fathers were smart. They would be sad to see the that Bush''s damages. The fool hates the constution and has saw so. BUSH *IT IS JUST A GODD@MN PIECE OF PAPER....* Yer an asre sir.
It is what this nation is and be up held. Bush put in place his people who will/do his bidding. You think he cares about America. He don''t and never did. He belongs to a secret group. A white male only SKULL AND BONES..THE FREE MASONS are in the same style group. Money talks. The nanny govt..have no faith in it. I am a legally blind 52 year old lady.

[libsluvsuvs]

Posted by GunOwnerDan at 03:47 PM : Sep 07, 2007
+ report abuse
---------------------------------

well work on that one. Since you are a gun owner I am sure you would love to use it. expect this kind of news heading but instead of germany..insert the name of that sh*thole you live in..make sure you shoot the right people. I put in a little insert on what perhaps might be osama''s dismay on how slow you guys are working

Germany Hunts 10 More Terror Suspects
Investigation Into Foiled Attack On Germany And America Sparks Security And Spying Debate

"The speaker seems to criticize Democrats and their lack of action in pulling U.S. troops out of Iraq. He reportedly makes references to Democrats'' campaign promises to start a withdrawal and notes the failure to follow up."

tell osama to make sure he keep his turban low down that foxhole..and love what he did with his hair.

[libsluvsuvs]

Posted by GunOwnerDan at 03:47 PM : Sep 07, 2007
+ report abuse
--------------------------------------------------------------------------------


really??germany was attacked that is why Adolf implemeted that ACT? well I''ll be ***..

who was culprit?? well did Hitler had a body of politicans to inspect, revise and critique his act??was there a judge who stiked down any part of that act??

another netroot garbageman...give it a rest.

[gunownerdan]

The "Patriot Act" seems to be like Adolf Hitler''s "Enabling Act".
Both were forced upon the people for very similar reasons.

[julyrocket]

If we want to end this madness of government there is one great solution: Re-register as a republican and vote for Ron Paul for President in 2008. End government shredding the Constitution. End the oil wars.

[tucano2]

Of course the entire bill is not only unconstitutional it is wrong. Knocking down a little bit of it is akin to melting one snowflake during a blizzard.

[ov442]

yeah, political appointment of judges is all Bush and his cronies have been doing. Its not to further Conservative principles at all. Its to further GOP Agendas to use as political power tools to manipulate our judicial, congressional, and electoral processes to a beneficial outcome to republican party members and an opposite outcome to any other party.

[Krazcarl]

Good a judge with balls that''s why we have seperation of powers. THis just was way to easy to abuse. Our forefarthers were not stupid. Though the political appointment of judges is sticky.

[my2centss]

Just a little tragedy and we all start saying that something has to be done about it. Terrorism act, hate crimes bill, patriot act, campaign finance reform, telecommunications decency act, lots of bills getting passed that strip away our rights. What will we demand be taken away next?

[rafterman1]

===You haven''''''''t personally lost one of your constitutional right in the last 6 years.===

An ignorant argument. Once you give the government a power, it is almost always impossible to take it back and becomes a slippery slope. A slope where people are willing to give up more and more until it does start affecting them. But by then, it is already too late.

[oakishpines]

'' ... so how come most kids are raped and killed by the very folk that sit around all day polishing guns and threatening children: ''lazy people rape and kill kids, profane people rape and kill kids, ignorant people rape and kill kids, naked people rape and kill kids, fatties and ******* and prostitutes and pedophiles rape and kill kids, blemished people rape and kill kids, black and white and tan people rape and kill kids, short and tall people rape and kill kids, cute smart funny fast strong ugly stupid serious slow weak people rape and kill kids ... ''


'' ... i may be Her ***, but you gotta live with her, i may be Her pedophile, but you gotta live with her, i may be Her fattie, but you gotta live with her, i may be Her prostitute, but you gotta live with her, i may be Her kid, but you gotta sleep with her ... ''


'' ... most folk most time dance porno get sick tax world get well feed world songs rallied round sick beds drifting farm trails, but not me ... ''

[urthsong]

Always remember that the Patriot Act, hundreds of pages long, was supposedly written in two short weeks after 9/11 and was never given a hearing or otherwise reviewed because somebody mailed deadly anthrax letters to the Democratic leaders, only the Democrats, in the Senate which totally shut down their offices, accesss to their computers, files and mail for five months until the Republicans could take majority control. The source of this highly refined anthrax was determined by the FBI to have been the Fort Dietrich Army lab in Maryland.

[toldyouso21]

Thank God for these "activist" judges. This administrations actions border on treason. Worst president in the history of the United States. Hurry up, 2009.
Posted by kansas1946 at 06:24 PM : Sep 06, 2007


Bush may be an abysmal failure and an eternal nightmarish fvck-up, BUT.... this particular version of the Patriot act just like the no holds barred NAFTA-trucking geveaway--are all courtesy of a Democratic Congress. They may doubt the veracity and honor of Gonzales and Bush, but it seems not to stop them in the least from revving up spy planes, wire tapping and running with the ugly ball that Bush launched and then dropped.


Democrats only consolation will be that when the next despot and move toward a police state occur (most likely in 2009) their team will be at the helm and the team who cheered it all on and excused it will be at their mercy. But THAT is about the only good thing--a knife cuts both ways and if you beat with a stick, when the other guy is in power, he can also use the same stick to break your azz too.

[kansas1946]

Thank God for these "activist" judges. This administrations actions border on treason. Worst president in the history of the United States. Hurry up, 2009.

[undermyboot]

In the not-so-distant future... "Freedom? What''s that?", asks your 8 year-old great granddaughter. "Shhhhh", your grandson says as he glances around. "Never say that word again, honey. They are always listening". He quietly walks out of her bedroom. The government computer records "possible future subversive" in your great granddaughter''s file.

Good night kiddies.

[undermyboot]

Cheney''s closest adviser David Addington said,
"We''re one bomb away from getting rid of that obnoxious [FISA] court."

These people want to systematically tear down every institution of checks and balances in this country. If it takes a terrorist strike or 20, then that''s OK with them. Just more lessons they learned from the NAZI playbook on power:

%u201CIt was, as one of his colleagues confirmed, almost a happy day for him when famous buildings were destroyed, because at such time he put into his speeches that ecstatic hatred which aroused the fanaticism...%u201D - Joseph Goebbels, Nazi Propaganda Minister

"it is always a simple matter to drag the people along, whether it is a democracy, or a fascist dictatorship, or a parliament, or a communist dictatorship ... Voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is to tell them they are being attacked, and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same in any country." - Hermann Goering, Nazi leader