Judge Rejects Patriot Act Challenge

AP via SFGate ^ | 1/24/8 | JOHN CHRISTOFFERSEN, Associated Press Writer

[SmithL]

New Haven, Conn. (AP) -- A federal judge rejected a former sailor's claim Thursday that the government illegally intercepted phone calls and obtained e-mails it is using against him in a terrorism-support case.

Hassan Abu-Jihaad's attorneys had claimed elements of the USA Patriot Act used to obtain the evidence were unconstitutional, and cited a ruling by a federal judge in Oregon striking down key portions of the law. U.S. District Court Judge Mark Kravitz, however, said he disagreed with that ruling, and noted that other courts have found that the law does not infringe on constitutional rights.

Authorities allege that Abu-Jihaad leaked a document describing the location and vulnerabilities of a Navy battle group to suspected terrorism supporters in London. He pleaded not guilty in April to charges of providing material support to terrorists and disclosing classified national-defense information, and is to stand trial Feb. 25.

The 31-year-old Phoenix man's attorneys argued that the Patriot Act allows authorities to conduct searches and electronic surveillance under relaxed standards and secret procedures even if the primary purpose is to gather evidence of domestic criminal activity.

Kravitz, however, wrote that the balance the Patriot Act strikes "between an individual's important interest in privacy and the government's legitimate need to obtain foreign intelligence information remains reasonable and one that complies with the Fourth Amendment," which prohibits unreasonable searches and seizures.

[SmithL]

Hassan Abu-Jihaad?

[SmithL]

Kravitz, Mark R.

Born 1950 in Philadelphia, PA

Federal Judicial Service:
Judge, U. S. District Court, District of Connecticut
Nominated by George W. Bush on March 27, 2003, to a seat vacated by Alfred V. Covello; Confirmed by the Senate on June 11, 2003, and received commission on June 12, 2003.

Education:
Wesleyan University, B.A., 1972

Georgetown University Law Center, J.D., 1975

Professional Career:
Law clerk, Hon. James Hunter III, U.S. Court of Appeals for the Third Circuit, 1975-1976
Private practice, New Haven, Connecticut, 1976-1978, 1979-2003
Law clerk, Associate Justice William H. Rehnquist, Supreme Court of the United States, 1978-1979
Adjunct professor, University of Connecticut Law School, 1995-2001

Race or Ethnicity: White

Gender: Male

[SmithL]

The Bush administration is appealing the Oregon ruling, issued in September by U.S. District Judge Ann Aiken. Aiken ruled that the Patriot Act cannot be used to authorize secret searches and wiretapping to gather criminal evidence — instead of intelligence — without violating the Fourth Amendment

---

Aiken, Ann L.

Born 1951 in Salem, OR

Federal Judicial Service:
Judge, U. S. District Court, District of Oregon
Nominated by William J. Clinton on January 7, 1997, to a seat vacated by James A. Redden; Confirmed by the Senate on January 28, 1998, and received commission on February 4, 1998.

Education:
University of Oregon, B.S., 1974

Rutgers University, M.A., 1976

University of Oregon Law School, J.D., 1979

Professional Career:
Law clerk, Hon. Edwin Allen, Lane County Circuit Court, 1979-1980
Private practice, Oregon, 1980-1982
Fundraiser/field staff, Kulongoski for Governor, 1982
Chief clerk, Oregon House of Representatives, 1982-1983
Private practice, Oregon, 1983-1988
Judge, Lane County, Oregon District Court, 1988-1992
Judge, Lane County, Oregon Circuit Court, 1992-1997

Race or Ethnicity: White

Gender: Female

[jazusamo]

Good for U.S. District Court Judge Mark Kravitz!

[Beckwith]

Authorities allege that Abu-Jihaad leaked a document describing the location and vulnerabilities of a Navy battle group to suspected terrorism supporters in London.

All this guy deserves is a cigarette and a blindfold.

[tobyhill]

***U.S. District Court Judge Mark Kravitz, however, said he disagreed with that ruling, and noted that other courts have found that the law does not infringe on constitutional rights.***

Supreme Court next. It’s about time another equal judge has stood up to these activist judges that are making a mockery of the system.

[jazusamo]

All this guy deserves is a cigarette and a blindfold.

I agree...If we started doing that it would deter others from following in his footsteps, IMO.

[SmithL]

I’m pretty sure that the cigarette is considered cruel and unusual punishment.

[SW6906]

Kravitz, Mark R.

Nominated by George W. Bush

Aiken, Ann L.

Nominated by William J. Clinton

People, the next election IS ALL ABOUT THE JUDGES!!!!!!!!!!

[BlueDragon]

From Daniel Pipes "Weblog", Feb. 12, 2004

[BlueDragon]

Hassan Abu-Jihaad?

Formerly known as Paul Hall.

[haroldeveryman]

“All this guy deserves is a cigarette and a blindfold”

Agreed, but first things first. When it comes to tipping off the enemy, his guy’s small potatoes this guy’s small potatoes compared to the New York times.

[haroldeveryman]

“[Judge] Aiken ruled that the Patriot Act cannot be used to authorize secret searches and wiretapping to gather criminal evidence — instead of intelligence — without violating the Fourth Amendment.”

How can searches wiretapping to gather criminal evidence be “unreasonable” if the act of search and wiretapping was compelled by legally obtained intelligence info?

Was this a consequence of Sandy Gorelich’s “wall” forbidding intelligence agencies from talking to law enforcement?