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September 06, 2007

A Blow to the Patriot Act

Parts of the recently revised USA Patriot Act were struck down by a federal court in New York today, the AP reports.

The American Civil Liberties Union challenged portions of the law that allow the FBI to demand records from internet providers without telling customers. The ACLU said it was improper to make such demands without a court order or grand jury subpoena.

Federal Judge Victor Marrero agreed, saying the rewritten act “offends the fundamental constitutional principles of checks and balances and separation of powers.” He ruled that the government orders must be subjected to meaningful judicial review.

A spokesperson from the U.S. Attorney's office said prosecutors did not yet want to comment.

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Comments

"Under this administration, the most aggressive foes have indeed been "domestic" ", Isn't this the truth and the hole truth, so help us GOD.

It is ABOUT TIME that OUR side wins one (for the Gipper)! I, am sick and tired of this "ABOVE THE LAW" mentality thinking/actions!!!

Ted is absolutely correct. If you don't have check and balance, what do you have? A pretty much a dictatorship.

I spent 27 years in law enforcement and I never had trouble getting a search warrant or an arrest warrant when there were clear, supportable facts or evidence to present. There is no good reason to avoid judicial review. No good reason to bypass FISA. Unless of course, you are on a fishing expedition. I took an oath to "Support and defend the Constitution of the United States against all foes, foreign and domestic". Under this administration, the most aggressive foes have indeed been "domestic".

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