Could it be that Americans still have constitutional protections despite everything George Bush has done to destroy and limit our rights? A federal judge in New York seems to think so. He ruled a key, nefarious part of the Patriot Act is unconstitutional:
A federal judge today struck down portions of the USA Patriot Act as unconstitutional, ordering the FBI to stop issuing "national security letters" that secretly demand customer information from Internet service providers and other businesses.Don't get too excited yet. The Bush administration will undoubtedly appeal. And, you know how it goes, if the Bush administration starts screaming about terror, Congress will probably pass a new law. But this is a big development. Hat tip to the ACLU for bringing the case. Civil liberties do still matter.
U.S. District Judge Victor Marrero in New York ruled that the landmark anti-terrorism law violates the First Amendment and the Constitution's separation of powers provisions because it effectively prohibits recipients of the FBI letters (NSLs) from revealing their existence and does not provide adequate judicial oversight of the process.
Marrero wrote in his 106-page ruling that Patriot Act provisions related to NSLs are "the legislative equivalent of breaking and entering, with an ominous free pass to the hijacking of constitutional values."
The decision has the potential to eliminate one of the FBI's most widely used investigative tactics. It comes amid widespread concern on Capitol Hill over reported abuses in the way the FBI has used its NSL powers.







