NEW YORK, Sept. 6, 2007
Judge Strikes Down Parts Of Patriot Act
Says Law Allowing FBI To Silence Those Ordered To Turn Over Private Records Is Unconstitutional
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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."
© MMVII, CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
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See all 51 CommentsIt took the judiciary to correct the wimp azz, unamerican actions of the Congress and Executive...
That is as it should be... but is also quite scary with the likes of jerks Roberts And Scalito on the Supreme Court.
It will take years to undo all the damage done by Gonzo and the rest of the Bush administration.
They should all be tried and in jail.
the bad news: saying courts must be allowed to supervise cases where the government orders Internet providers to turn over records without telling customers.
judges...a real stinky stew right now.
Bush''s name will go down forever as the worse president in US history. There is no doubt about it.
Another Bill Clinton appointed activist flunky. Our country is just soooooo much better off with the ACLU and these loser judges running around.
Posted by infidel_us at 01:48 PM : Sep 06, 2007
wow, i guess you''re cool to nnot have the government checked at all when they write laws that are unconstitutional.
apparently your rights aren''t that important to you.
apparently you are SO scared of terrorists that its cool with you to let the government modify what you have the right to do and the right to say.
you are a coward.
go live in china, commie.
Judge Victor Marrero
Screwed up the standard formula for preliminary injunction, in an issued opinion. Decided dispositive motion without reading papers (in 15 minutes on 200 pages of submissions from counsel). Carries self-importance to an absurd level (viz. terrorism case in which he defined himself as a bulwark of society). Allows his clerks to be snotty to counsel.
Comments are from a legal rating web site, comments from trial lawyers who have appeared before tjhis judge. Recommended by Chuck Schumer and appointed by Clinton.
They should all be tried and in jail.
Posted by clestes at 01:25 PM : Sep 06, 2007
You haven''t personally lost one of your constitutional right in the last 6 years.
apparently your rights aren''''t that important to you.
apparently you are SO scared of terrorists that its cool with you to let the government modify what you have the right to do and the right to say.
you are a coward.
go live in china, commie.
Posted by nggr at 02:14 PM : Sep 06, 2007
That''s what we have the Supreme Court systems for isn''t it?
Congress %u2026%u2026.uhmmmm%u2026%u2026%u2026%u2026%u2026%u2026%u2026%u2026%u2026.now you can begin Impeachment hearings on Bush and Cheney and order to spy on American was a HIGH CRIME
No Matter they are lame ducks they have committed crimes against the People of America
.......in light of the seriousness of the potential intrusion into the individual''s personal affairs and the significant possibility of a chilling effect on speech and association--particularly of expression that is critical of the government or its policies--a compelling need exists to ensure that the use of NSLs is subject to the safeguards of public accountability, checks and balances, and separation of powers that our Constitution prescribes."
Another Bill Clinton appointed activist flunky. Our country is just soooooo much better off with the ACLU and these loser judges running around.
Posted by infidel_us at 01:48 PM : Sep 06, 2007
I''m not surprised it''s a Clinton flunky. The American Communists Lawyers Associations needs to
disappear...
over 65 mph on the freeway. all bow down
and obey. aclu will arrest you if you
don''t obey them. aclu to arrest world militaries, all stalinists, leninists, nazis,
democrats, republicans, green party members,
peace and freedom party members, because
its'' the aclu. aclu believes in the freedom
of alzheimer''s patients. putting senile
people in nursing homes is discrimination
against the elderly. its called elder abuse.
they should be able to walk around freely,
just being themselves and just saying no.
tax and taxes upon taxes upon taxes. do you
really think the union of soviet america
is gonna obey its own constitution. just try
and make them. aclu can''t even afford
an office its so broke. whose a member?
wow, you scare me, its the aclu. foo on yu, famous chinese master spy.
It would be another major victory for Republican, neocon right-wing justice in the new USSA!
SIG HEIL, BUSH!!!
"Today we need a nation of minute men; citizens who are not only prepared to take up arms, but citizens who regard the preservation of freedom as a basic purpose of their daily life and who are willing to consciously work and sacrifice for that freedom. The cause of liberty, the cause of American, cannot succeed with any lesser effort."
-- President John F. Kennedy, January 29, 1961
Another Bill Clinton appointed activist flunky. Our country is just soooooo much better off with the ACLU and these loser judges running around.
Posted by infidel_us at 01:48 PM : Sep 06, 2007
I''''m not surprised it''''s a Clinton flunky. The American Communists Lawyers Associations needs to
disappear...
Posted by theUSA1st
Yup, another ACLU cronnie. The ACLU always looking after illegal immigrants and terrorists. Anything anti-American, just call the ACLU.
"The constitutions of most of our states [and of the United States] assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed; that they are entitled to freedom of person, freedom of religion, freedom of property, and freedom of the press."
- Thomas Jefferson
www.aclu.org
www.nra.org
Posted by GunOwnerDan at 03:16 PM : Sep 06, 2007
Well, that''s your opinion and you''re entitled to it. To me, the ends don''t justify the means. THe ACLU has done far more harm to our country than they have helped.
Posted by infidel_us at 03:32 PM : Sep 06, 2007
I agree...if you take a broad based look at what the ACLU is doing now it is apparent that this organization has an agenda...they are hurting our country and throwing their support behind the far left.
If this is true, why has the ACLU helped Rush Limbaugh and Jerry Falwell in the past?
" The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
But hey, you want to tear up the greatest set of documents ever written, go right ahead. When YOUR fascist buddies are replaced by THEIR fascist buddies, then don''t try to say "Whoa, we want the ORIGINAL Constitutional interpretations". It will be too late. Welcome to the Gulag, my friend.
These Bush and Cheney fascism lovers like the big ***, the infidel, and the dirty rose see no limit to Presidential power and no depravity unworthy of our country. At every step they demand that the Congress and Judiciary be nothing more than a rubber stamp for every un-American policy they want. If they don''t get the rubber stamp then they just do it anyway under the false concept of "Unitary Executive". In other countries this is called "Dictatorship". Bush calls it being "the decider". Most Americans are awaking to this, but the dead-enders like these have their monkey heads up their monkey master''s azz. The repug monkeys who support these dictators and fascists are not Americans. They think "American" means supporting anything the President wants- and scr*w the Constitution. Not Americans, just spin-meisters for the group in power now. But their time will come. They will be whining when the other party is in power and does the same things. Morons and Lemmings. ROFLMAO
As a Mainer, I don''t go where I am not wanted. Learnt that as a foster child. Dumped from home to home.
FYI, ME and MA have Patriot Day that being April 16. We honour the souls of that war.
This my feelings and I am so sorry for the people who died on 9/11/01. I had no idea that man in the white house would change every thing around. A bloody lier. When I was little if I told a lie,they washed my mouth out with soap or put peper there in the foster homes. They did. My dad never allowed lies and taught not to. He has a way of teaching that makes sense. Even today. I can''t speak for the lost,but if I did lose some one. I would never want the changes Bush made behind our backs. He be a 2 face. Bush he need to step up to the plate and be a man. He hurt us blind when he harrassed a blind reporter who must wear sunglasses. I was pissed. I heard Bush''s answer. He cussed that blind man. CNN had it live before they beeped the word. I was shocked. What an asre. That is who you voted for.
"ACLU loves terrorists and hates America"
"Anyone who disagrees with us hates America"
"Only the guilty have to fear shredding the Constitution"
"Bill Clinton is to blame for all our problems"
"Be afraid. Be very afraid."
"WMD was found in Iraq"
"Invaded Iraq because of WMD"
"Invaded Iraq because Al-queda was plotting with Sadam"
"Invaded Iraq because they attacked us in 9/11"
"Invaded Iraq because they could attack using planes with WMD"
"Invaded Iraq to spread Democracy"
"Invaded Iraq to improve the Palestinian/ Israeli situation"
(PICK ONE OR MORE OF THE ABOVE)
IT doesn''t have to be true. They just keep saying it because eventually the monkeys will start to parrot and believe.
%u201CThat propaganda is good which leads to success, and that is bad which fails to achieve the desired result. It is not propaganda%u2019s task to be intelligent, its task is to lead to success.%u201D- Joseph Goebbels, Nazi Propaganda Minister
Looks like this is where this board''s parrots, Fake News, Rush, and the rest of the propaganda monkeys in the government zoo learned how to throw their own mindless sh*t. Copy the nazis. ROFLMFAO
Posted by wink666 at 05:40 PM : Sep 06, 2007
---
"It doesn''t matter who casts the ballots.
What matters is who counts the ballots."
- Joseph Stalin -
Yes, these little fascists have no love for principle or country- only their POWER. They cry about "States Rights" and federalism WHEN IT SUITS THEM. Then, when it is expedient to obtain power through exercise of un-Constitutional federal power, they can''t wait to do it. Hypocrites. Fascists. NOT Americans. Should be taken out and shot for treason. I''ll be watching and LMFAO when it finally happens.
"The thought police would get him just the same. He had committed%u2014would have committed, even if he had never set pen to paper%u2014the essential crime that contained all others in itself. Thoughtcrime, they called it. Thoughtcrime was not a thing that could be concealed forever. You might dodge successfully for a while, even for years, but sooner or later they were bound to get you....It was terribly dangerous to let your thoughts wander when you were in any public place or within range of a telescreen. The smallest thing could give you away. A nervous tic, an unconscious look of anxiety, a habit of muttering to yourself%u2014anything that carried with it the suggestion of abnormality, of having something to hide. In any case, to wear an improper expression on your face ... was itself a punishable offense. There was even a word for it in Newspeak: facecrime ..."
George Orwell, 1984
"Tell me please why this Patriot Act is being used for so many criminal investigations in this country, like petty drug cases, that have no connection with terrorism? Lesson: If you give the government power .. it will use that power. It will use 100% of that power, and more." -- Neal Boortz, 9/29/2003
Not true, unreasonable such and seizure. It may not have happen to you or me but it has happen using flimsy information, just like the way the war began and is removed from public scrutiny. People are kidnapped, denied lawyers and shipped to third would countries for war crime interrogations.
Just imagine someday your on the internet and your talking to someone and a few hours later someone busts down your door and halls your a** away for what you think and say on line, in privacy.
There turning private satellites on our own people for surveillance, warntless wire taps. Who''s watching the wolf watching the sheep?
As for the Supreme court, its becoming the hand pick loyalist of Bush. They will find a way to please the master and allow him to do things behind our backs.
"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
Good night kiddies.
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.
'' ... 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 ... ''
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.
Both were forced upon the people for very similar reasons.
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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.
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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.
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 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!!!!
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!!?
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.
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