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September 6, 2007
Federal Judge Hands Down PATRIOT Act Setback
AHN: Federal Judge Strikes Down Portions Of Rewritten Patriot Act For Violating Constitution
A federal district judge struck down portions of the revised USA Patriot Act on Thursday ruling in favor of plaintiffs, saying that investigators need a court order to ask Internet providers, telephone companies and public libraries to turn over customer’s records.
Plaintiff American Civil Liberties Union argued that the revised Patriot Act allowed the FBI to demand records without obtaining the kind of court order that is required for other government searches, the Associated Press reports.
And the judge agreed, saying that the law as written “reflects an attempt by Congress and the executive [branch] to infringe upon the judiciary’s designated role under the Constitution,” U.S. District Judge Victor Marrero was quoted as writing by the AP.
Saying the recently rewritten Patriot Act “offends the fundamental constitutional principles of checks and balances and separation of powers,” Marrero said that government orders must be subjected to meaningful judicial review.
Posted by mhall at 2:23 PM | Add Comment
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