The Political Chase

BREAKING: Judge Rules Provisions of Patriot Act Unconstitutional

U.S. District Judge Victor Marrero (New York) struck down the use of “national security letters” (NSL) — a provision of the Patriot Act – as unconstitutional. The judge declared the NSL’s violate the First Amendment and the Constitution’s separation of powers because the Act does not allow the recipient of an NSL (e.g. AT&T, financial organizations, Internet providers, etc.) to reveal its existence and does not provide appropriate judicial oversight.

The ruling was based on a lawsuit filed by the ACLU.

Indeed, this is a landmark ruling that exemplifies precisely what the Founding Fathers intended by definition and in action through the Constitution. The People have a right to privacy and no branch of government may exceed the limits of its powers.

For example, under the Patriot Act, the FBI can issue an NSL to any communications company demanding the FBI be allowed unfettered access to whatever communications they choose (phone, Internet traffic, email, etc.), without a court-ordered warrant, and the company cannot reveal the existence of the NSL or any action taken as a result of the NSL. The same applies to financial organizations. Banks can be compelled to turn over all financial information about anybody or any organization.

In a devastating blow to the Bush administration’s unchecked abuse of power for more than six years, Judge Marrero wrote in his ruling:

[The NSL's are] the legislative equivalent of breaking and entering, with an ominous free pass to the hijacking of constitutional values. (Emphasis added.)

In light of the seriousness of the potential intrusion into the individual’s personal affairs and the significant possibility of a chilling effect on speech and association–particularly of expression that is critical of the government or its policies–a compelling need exists to ensure that the use of NSLs is subject to the safeguards of public accountability, checks and balances, and separation of powers that our Constitution prescribes.

To allow the administration time to appeal, the judge delayed enforcement of his order for 90 days. One can only imagine what perverse logic David Addington will employ in the government’s appeal.

Addingtion, Dick Cheney’s chief of staff, has been instrumental in drafting and implementing many of the administration’s unconstitutional policies and acts. One of the most ludicrous and recent assertions by Addington was declaring Cheney a unitary executive; that he was not part of the Executive Branch and therefore not subject to compliance to the policies and laws governing the branch.