U.S. District Judge Victor Marrero struck down a primary piece of the Patriot Act on Thursday. He said when “the judiciary lowers its guard on the Constitution, it opens the door to far-reaching invasions of liberty,” referring to the FBI’s ability to demand records without the kind of court supervision required for other government searches. Regarding the national security letters, he said, Congress crossed its boundaries so dramatically that to let the law stand might turn an innocent legislative step into “the legislative equivalent of breaking and entering, with an ominous free pass to the hijacking of constitutional values.” This new ruling ruling does not mean the FBI must obtain the approval of a court prior to ordering records be turned over, but rather must justify to a court the need for secrecy if the orders will last longer than a reasonable and brief period of time.
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See Ya Dubya is a blog covering the 2008 Presidential election. Share comments and info on the candidates, discuss the issues and generally have fun keeping up with the race to the Presidency. Written by Chris Leonard and Cindy Ellis.
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