hot off the bench

This just in – another ruling that the PATRIOT Act (specifically, amendments to FISA, the law that the Department of Justice thinks it too darned fussy about warrants and such) is unconstitutional.

After an Oregon man was implicated through faulty fingerprint analysis in the Madrid bombings, the FBI planted bugs, conducted sneak and peek searches, did the same to his home and law office – then, when Spanish authorities pointed out the fingerprints didn’t match and they couldn’t see any connection between this guy and their supsects, the FBI did it again. And arrested him. And now the courts are saying – nope, can’t do that.

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 illadvised. In this regard, the Supreme Court has cautioned:

The price of lawful public dissent must not be a
dread of subjection to an unchecked surveillance
power. Nor must the fear of unauthorized official
eavesdropping deter vigorous citizen dissent and
discussion of Government action in private conversation.
For private dissent, no less than open public
discourse, is essential to our free society.
Keith, 407 U.S. at 314.

Therefore, I conclude that 50 U.S.C. §§ 1804 and 1823, as amended by the Patriot Act, are unconstitutional because they violate the Fourth Amendment of the United States Constitution. Plaintiffs’ Amended Complaint for declaratory relief is granted.

One Response to hot off the bench

  1. Leslie says:

    Thank goodness some sense and sanity are coming back into play. Let’s all hope that this trend continues.

    Keep up the good work of letting us know what’s going on out there!

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