Posted on 09/07/2007 12:19:08 AM PDT by Ghayyour
A law allowing federal anti-terrorism agents to access information on the US public without a warrant has been ruled as unconstitutional by a US judge. Victor Marrero said Congress exceeded its authority by allowing the FBI to keep requests secret under the Patriot Act, passed after the 9/11 attacks.
He said the act offended constitutional principles of checks and balances, and violated the guarantee of free speech.
The requests were mainly for financial, telephone and internet records.
Judge Marrero said his ruling would not take effect immediately, thus giving the government time to appeal.
Personal records
The Patriot Act allows for the use of national security letters, or administrative subpoenas, in cases relating to spying or terrorism.
Under such a subpoena, personal records of clients and customers must be handed over to the FBI from such sources as banks, telephone firms and internet service providers.
Judge Marrero ruled in favour of the American Civil Liberties Union, which had complained against the use of such letters.
He said his ruling did not mean the FBI must get court approval before ordering records, but that it must be able to justify why the request should be kept secret.
In the year before the 11 September 2001 attacks, the FBI issued about 8,500 national security letter requests.
A government report earlier this year said requests had risen from 39,000 in 2003 to about 56,000 in 2004 before falling back to about 47,000 in 2005.
Let me guess: Clinton appointee?
So is keeping records of my firearms purchases.
I really wish we would find a different petri dish to get our judges from.
Let me guess: Clinton appointee?
Yep.
“American Civil Liberties Union” How they included terrorists in ACLU?
It should be now ATCLU
These dumbasses are just clueless! They ought to have to sit and watch the planes flying into the Trade Center/Pentagon, 24/7, for the next ten years. We could call it “remediation”.
A law allowing federal anti-terrorism agents to access information on the US public without a warrant has been ruled as unconstitutional by a US judge. Victor Marrero said Congress exceeded its authority by allowing the FBI to keep requests secret under the Patriot Act, passed after the 9/11 attacks.
He said the act offended constitutional principles of checks and balances, and violated the guarantee of free speech.
What the heck does this have to do with free speech? Also, if a person has not broken any laws, then why would they be offended if they were `scanned`.... For the protection of the freedom in the USA, I would not be offended if they did a background check on me. Sounds a little like `1984`, but it`s for the safety and well being of the population of the USA.
MJ
These dumbasses are just clueless! They ought to have to sit and watch the planes flying into the Trade Center/Pentagon, 24/7, for the next ten years. We could call it “remediation”.
ROTFLMAO!!! but good idea!
MJ
Be able to justify to whom? The ACLU, the person receiving the letter? No! To a judge, of course. So, his ruling (which, I admit, I have not read) appears to dismiss with one hand the requirement for prior court approval for the letter and require it on the other. Seems like a perfect example of judical double talk.
Like every other commie attack on our defense... this will be overturned.
LLS
Oh wait.
Terrorists and democrats rejoice.
Thanks for the ping Arrowhead.
What a bunch of morons.
The only ones offended are the ones that have something to hide.
Nominated by William J. Clinton on May 27, 1999,
And I must believe a claim by the BBC on my Constitution as credible —— why?
By the way, I agree with you, TOTALLY, about Michael Yon. He is a gift.
I agree. These “judicial half wits” try so ardently to cover their asses that nothing they say makes any common sense. It is a damn shame common sense is such an uncommon virtue among those in their profession!
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