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Federal judge rules 2 Patriot Act provisions unconstitutional
Two down, and the whole rest of ‘em to go.
The entire USA PATRIOT Act is unconstitutional on its face. Nevertheless, we applaud the courageous judge who struck down two of its provisions while at the same time mourning that a judge would have to be courageous to do so.
The case arose from the Madrid train bombings of a few years back. The FBI, misinterpreting some partial fingerprint evidence, secretly searched and wiretapped an American citizen, a lawyer, mostly because he is a Muslim. He was falsely accused, arrested … and he sued.
He won.
“In place of the Fourth Amendment, the people are expected to defer to the executive branch and its representation that it will authorize such surveillance only when appropriate.”The government “is asking this court to, in essence, amend the Bill of Rights, by giving it an interpretation that would deprive it of any real meaning. The court declines to do so,” [Judge] Aiken said.
Whoa, am I first?
While it's still somewhat premature, the end of MLK's "I Have a Dream" speech keeps running thru my head.
"Thank God Almighty, we're free at last."
The link is toast. You have two http:// elements.
(Yes, I can manually edit, but are you trying to make me, like work for this information? You're probably gonna make me think next*.)
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* Don't do it. Thinking leads to musing. Musing leads to muses. Muses lead to poetry.
... until the Bushies on the Supreme Court say otherwise.
Abi @ 2... Thinking leads to musing. Musing leads to muses.
You rang?
That being said, it's a relief that someone has courage somewhere in the govt since my Party has no guts or spine. ("Captain... This creature has no guts and no spine. It's Life, but not as we know it.")
Abi @2: But we love your poetry!
Here's hoping that this ruling survives the inevitable appeal to the Supreme Court. Maybe the process will take long enough that it will be up to the next administration to appeal? On one hand, I don't see any of the presidential candidates railing against the current abuses of executive branch power. But, on the other hand, I do think who becomes president very much makes a difference to whether this power grab continues or not.
IIRC, the case that was decided on included the singularly creepy element of =secret= search warrants, where they waited until the suspect and his family were out of the house and searched it then, carefully trying to put everything back in place.
It's an encouraging sign, but I don't have any great confidence that things will change at any time soon. Granted, Gonzo is gone, but the authoritarians who are currently running things will likely find some other apologists.
It's probably almost worth watching Fox or listening to wingnut radio to hear what they have to say about this, though.
I keep thinking back to when Jackson was President and the SC had ruled that forcibly relocating the Cherokee Indians was unconstitutional. Jackson replied (paraphrasing) that when the SC had the guns they could enforce their rulings, but until then he'd do damn well what he wanted.
Bush wouldn't be so brazen as to do that, but if the SC did declare the Patriot Act unconstitutional he would come up with a way to keep running it, either publicly or secretly.
This post could very well have been titled "Lying in the name of the State." The symmetry is quite chilling.
Serge @ 5
You call that living?
John Chu @ 6
I suspect that few of the current crop of candidates* have the sheer brass balls to continue grabbing more power (especially if Geppetto steps down from the Presidensity of Vice), but I doubt that any of them will willingly give any of it up, now that it's already been stoien.
Connie H. @ 7
Clearly, for some really strange values of clarity, the persons from whom you most want to keep the secret that you're spying on them are the ones least likely to know or suspect it, that is, the innocent ones.
* I did that just for the alliteration.
Hwvr, th slnt pnt rmns tht ll th tls (wll, myb lss s th cprtn wth th Spnsh/ - th FB lkd rlly clmsy nd mr thn bt zls n prsng gls thr thn jstc) r stll vlbl, nd svrl hv bn nstttnlzd.
nd d kp n mnd, ths wsn't th Sprm Crt rlng - nd ys, th Bsh Lg ds kp pplng, nd vn whn t 'lss,' t smply dclrs t dsn't cr.
nd clbrtn th bstcls t rghts bng rdd my lnd cmfrt, bt dsn't chng th rsn.
Why is it that I get the feeling that Judge Aiken will shortly be residing in a more tropical location?
Fragano @ 13
Certainly not without a secret warrant. As the Wicked Witch of the West said, "These things must be done delicately."
Bruce Cohen... Flying monkeys incoming!
Serge @ 15
Please have them form a line at the entrance, single file. Only 12 will be allowed in this temporal loop at one time. You must be so totally screwed to go on this ride.
Has anyone tried pouring water on Dick Cheney?
Bruce Cohen (SpeakerToManagers) #14: Indeed, and one must never pay attention to the man behind the curtain.
#18 Fragano:
I just want to know what's up with that "Surrender Aiken" message written by some lady flying on a broom.
Fragano @ 18... one must never pay attention to the man behind the curtain.
Clint Howard?
Matt @ 17
I've wondered (more than once) what would happen if he got sprinkled with or ingested holy water. I've also wondered about putting it in the AC at the Republican National Convention, but it's looking like it would also be a good idea for the Democratic National Convention.
The advantage to using holy water is that the secret service can't arrest you without admitting that he is the spawn of Iblis.
albatross #19: Pay no attention to the catty Malkin.
#17 Matt, that's the whole point of the secured, secret location. It's completely water proof and dry as a mummies tomb (it also help to preserve that skin tone he's got going).
Serge @ 20
Larry Craig
P J Evans @ 21
The classical air conditioning additive is thionite. Contemplating the nightmares arising from the resultant dying ecstasies is not recommended.
Lambert #26: I'm wondering how soon we'll start hearing that particular cry from people who want us to think they really mean it.
Steve Buchheit @ 24
OK, so he's not mucid. He could still be glabrous or squamous.
Who took my Lovecraft spellchecker? This broken thing won't accept either mucid or glabrous (or spellchecker). It's quite happy about squamous, which is weird for a fox, even a flaming one.
#30 Bruce Cohen, well sure. Terrors come in more sizes and variety that what could be shown on Shark Week. (strangely enough, I did a spellcheck with Macintosh's own system rolled variety, and it came up with a definition for everything but mucid, one of the reasons I love that company).
Plus, it explains the whole "can fly with so much liquid" issues better than bomb-making McGyver terrorists. Surely he's budded by now, and those spawn work for the TSA as on-flight security. Also explains why you feel so dry after flying.
Niall @4, I was going to say the same thing. I hate that I've become so cynical and hopeless. I want to keep fighting but in almost 8 years it's never done a damn bit of good. Or seems like it hasn't, anyway. I'm sure it has in some ways. I guess they didn't get away with privatizing Social Security.
I recently bought basic cable, to get the networks to come in clearly (we live in a nearly-dead spot for TV reception). It includes C-SPAN and C-SPAN 2. I keep hoping for the day when I'll take off work to sit in front of C-SPAN with a bowl of popcorn, watching impeachment proceedings against You-Know-Who. That vision is the only thing that keeps me going some days.
#32: Also explains post-Katrina, the Cheney buddings had to wait for the water to subside before they went in.
And by Niall @ 4, I clearly mean Niall @3. I could have sworn it was 4 when I looked a few minutes ago.
I hear the judge's first words when he stepped into his private office were spoken out loud, in an outdoor voice, to the bric-a-brac across the walls.
"Hello Federal wire-tappers! Glad to have you following me along, now. I'll be sure to start reading all my law journals out loud, because I know how much you could use the education!"
Why does the Constitution hate America?
Caroline @ 35... I could have sworn it was 4 when I looked a few minutes ago.
Darn time travellers!
jmmcdermott: Judge Aiken is a woman. But other than that, I like the mental image.
jmmcdermott @ 36
I think the judge should have sing-alongs with the Feds. I'm thinking "Sam Hall" ought to amuse them.
Judge Aiken was a woman, until she showed more balls than congress.
I don't think you actually believe that women can't be brave, but the equation of courage with the possession of male genitalia is really unfair to women.
(or male gonads, which is what I swear I meant to type...)
If I thought that the mere possession of balls would help, I might be willing to mail mine in. With a note, of course: "It was either these or my wife. I figure, ONE or the other of 'em might push you into doing the right thing."
Jen 43-44: I've heard someone say, of a woman doing something gutsy, "Wow, that took ovaries!"
Not quite the same ballpark of gutsyness, but I once read an article describing how to do a somewhat dangerous hardware hack: "For those of you with sufficient ovarian or testicular fortitude, ..."
Evangoer... Somehow, referring to dangerous hardware hacks in the same sentence as testicles makes me feel like crossing my legs.
Yes, 'hack' plus 'testicles' equals CRINGE.
Xopher... Remember John Wayne Bobbitt?
Serge...his testicles, IIRC, were unharmed.
Xopher... You do remember correctly, but some hacking did occur in the general vicinity that was just as cringe-inducing.
Xopher @46: I've heard that one as well. I kind of like "huevos" -- although it's Spanish slang for testicles, the association with eggs means it could reasonably stand in for ovaries as well.
When referring to a woman, there's no reason "balls" can't mean "ovaries". They may be internal, but they're about as ball-shaped as testes are.
Actually, *I* do know Ann Aiken, or, rather I should say, I knew her back when I was an activist in the Lane County Democratic Party, way back in the beginning when she was working her way up from law clerk.
The lady has ovaries. Massive, tough ones. She's never backed down from a fight that I know of.
Her husband is a heavy-duty Constitutional poly sci prof at the University of Oregon.
I'm proud to see that she's doing a great job as a Federal judge.
One could, of course, just say "guts" and leave out the gonadal references altogether. (Perhaps that lacks a certain punch.)
And good on Judge Aiken!
Nenya @ 56... I much prefer your suggestion. No sexism in it. Gonads are out. Guts are in. ("Hey! I told you to suck in that gut.")
When referring to a woman, there's no reason "balls" can't mean "ovaries". They may be internal, but they're about as ball-shaped as testes are.
Yes, but unless you're specific, you don't prompt anyone to question their assumptions.
Still, I gotta go with "guts." I don't see why courage has to be associated with gonads/genitalia at all.
--
Lambert @26: Judicial activist.
Ethan @29: I'm wondering how soon we'll start hearing that particular cry from people who want us to think they really mean it.
Me, blogging: Preemptive strike!
(Also see the conversation following the Whatever blog post--egad, it was there last night, what happened? Yay for MT4!)
Nicole, that's a pretty good breakdown of the rhetoric, there.
John Chu @ 6 rightly points out the Democrats don't seem much interested in curbing these horrendous powers, either.
But, even if the next President does want to grab more powers, this may be some small reassurance: The second a Democrat (or any other non-R) assumes Office, the Republicans will be vocally, loudly, powerfully back on the side of the angels on this issue. They'll fully support "restoring the constitutional balance", and quite frankly we'd be mad not to welcome them. Regaining a working government will be much more important than Who Gets Credit.
Of course, the implications are horrible to contemplate. Probably no blame will land, no *decisive* safeguards will be put in place (we thought we had those before, remember?), and no one will notice it was the Republicans who created and benefited from the mess. So then they will again.