Two Patriot Act Provisions Ruled Unlawful

September 27, 2007
Two Patriot Act Provisions Ruled Unlawful

PORTLAND, Ore. (AP) -- A federal judge issued a stern rebuke of a key White House antiterror law, striking down as unconstitutional two pillars of the USA Patriot Act. U.S. District Judge Ann Aiken ruled that using the act to authorize secret searches and wiretapping to gather criminal evidence - instead of intelligence gathering - violates the Constitution.

"For over 200 years, this nation has adhered to the rule of law - with unparalleled success," the judge wrote Wednesday. "A shift to a nation based on extra-constitutional authority is prohibited, as well as ill-advised."

The case began when the FBI misidentified a fingerprint in the Madrid train bombings that killed 191 people in 2004, leading investigators to a Portland attorney whose home and office were secretly searched and bugged.

Judge Invalidates Patriot Act Provisions

September 7, 2007
Judge Invalidates Patriot Act Provisions

A federal judge struck down controversial portions of the USA Patriot Act in a ruling that declared them unconstitutional yesterday, ordering the FBI to stop its wide use of a warrantless tactic for obtaining e-mail and telephone data from private companies for counterterrorism investigations.

The ruling by U.S. District Judge Victor Marrero in New York said the FBI's use of secret "national security letters" to demand such data violates the First Amendment and constitutional provisions on the separation of powers, because the FBI can impose indefinite gag orders on the companies and the courts have little opportunity to review the letters.

Senators Grill FBI Chief On Laws Being Broken by FBI

March 27, 2007
Senators Grill FBI Chief On Laws Being Broken by FBI

WASHINGTON -- FBI Director Robert Mueller labored Tuesday to persuade skeptical senators that the FBI can properly use its Patriot Act authority to gather telephone, e-mail and financial records of Americans and foreigners while pursuing terrorists.

He appeared before the Senate Judiciary Committee after the Justice Department inspector general revealed abuses in the FBI's use of documents called national security letters to gather such data without approval from a judge.

"We're going to be re-examining the broad authorities we granted the FBI in the Patriot Act," Committee Chairman Sen. Patrick Leahy, D-Vt., told Mueller.

Mueller urged the panel not to revise the law.

"The statute did not cause the errors," Mueller said. "The FBI's implementation did."

The Justice Department's false statements

March 12, 2007
The Justice Department's false statements

Based on the DOJ's false assurances, Congress dismissed away the concerns of Russ Feingold and The Post and overwhelmingly voted to re-authorize the Patriot Act. In doing so, they re-authorized the dramatically expanded NSLs, which were first authorized (in expanded form) in September, 2001.

In other words: all of those assurances we gave you in order to convince you that we were using NSLs in strict accordance with the law were false. Now that the IG Report proves that what we told you is false, we are retracting what we said, and when we get around to it, we will also correct the false testimony we gave at Congressional hearings and the false assurances we gave you in secret, classified meetings -- all of which successfully convinced you to re-authorize the Patriot Act.

It is inconceivable that these false assurances were made in good faith. They were plainly the by-product of either deliberate deceit or a reckless indifference to finding out whether those statements were true. The IG Report documents that the illegal use of NSLs was not isolated in any way, but instead, was pervasive and systematic. As the Washington Post Editorial yesterday noted:

The Failed Attorney General

March 11, 2007
The Failed Attorney General

First, there was Mr. Gonzales's lame op-ed article in USA Today trying to defend the obviously politically motivated firing of eight United States attorneys, which he dismissed as an "overblown personnel matter." Then his inspector general exposed the way the Federal Bureau of Investigation has been abusing yet another unnecessary new power that Mr. Gonzales helped wring out of the Republican-dominated Congress in the name of fighting terrorism.

The F.B.I. has been using powers it obtained under the Patriot Act to get financial, business and telephone records of Americans by issuing tens of thousands of "national security letters," a euphemism for warrants that are issued without any judicial review or avenue of appeal. The administration said that, as with many powers it has arrogated since the 9/11 attacks, this radical change was essential to fast and nimble antiterrorism efforts, and it promised to police the use of the letters carefully.

But like so many of the administration's promises, this one evaporated before the ink on those letters could dry. The F.B.I. director, Robert Mueller, admitted Friday that his agency had used the new powers improperly.