DoJ Official Blows Cover Off PATRIOT Act
By Ryan Grim
September 24, 2009 "Huffington Post' -- In the debate over the PATRIOT Act, the Bush White House insisted it needed the authority to search people's homes without their permission or knowledge so that terrorists wouldn't be tipped off that they're under investigation.
Now that the authority is law, how has the Department of Justice used the new power? To go after drug dealers.
Only three of the 763 "sneak-and-peek" requests in fiscal year 2008 involved terrorism cases, according to a July 2009 report from the Administrative Office of the U.S. Courts. Sixty-five percent were drug cases.
Sen. Russ Feingold (D-Wis.) quizzed Assistant Attorney General David Kris about the discrepancy at a hearing on the PATRIOT Act Wednesday. One might expect Kris to argue that there is a connection between drug trafficking and terrorism or that the administration is otherwise justified to use the authority by virtue of some other connection to terrorism.
He didn't even try. "This authority here on the sneak-and-peek side, on the criminal side, is not meant for intelligence. It's for criminal cases. So I guess it's not surprising to me that it applies in drug cases," Kris said.
"As I recall it was in something called the USA PATRIOT Act," Feingold quipped, "which was passed in a rush after an attack on 9/11 that had to do with terrorism it didn't have to do with regular, run-of-the-mill criminal cases. Let me tell you why I'm concerned about these numbers: That's not how this was sold to the American people. It was sold as stated on DoJ's website in 2005 as being necessary - quote - to conduct investigations without tipping off terrorists."
Kris responded by saying that some courts had already granted the Justice Department authority to conduct sneak-and-peeks. But Feingold countered that the PATRIOT Act codified and expanded that authority -- all under the guise of the war on terror.
Feingold, the lone vote against the PATRIOT Act when it was first passed, is introducing an amendment to curb its reach. "I'm going to say it's quite extraordinary to grant government agents the statutory authority to secretly break into Americans homes," he said.
Freedom is Slavery - Eric Arthur Blair
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Posted By: adam Posted on: Sep. 27, 2009 at 7:04 PM |
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Sep. 28, 2009 at 06:28:13 AM
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| they DONT NEED to read it AZ Mod, just like they dont need to read the Consitution, by which they swore to GOD to uphold.... |
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Sep. 28, 2009 at 05:06:08 PM
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Grandmother arrested for buying medicine./span>By Lisa TriggThe Tribune-Star CLINTON — When Sally Harpold bought cold medicine for her family back in March, she never dreamed that four months later she would end up in handcuffs.
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Sep. 29, 2009 at 07:08:10 AM
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Study: Disagreements Over Who Is a Terrorist Undermining Civil LibertiesThousands Charged as Terrorists Never Go to Trial by Jason Ditz, September 28, 2009 A new study from the Transactional Records Access Clearinghouse (TRAC) at Syracuse University cautions that the inability of federal agencies to agree on exactly what is meant by “terrorist” is “weakening efforts to use the criminal law to combat terrorism and at the same time undermining civil liberties.” It also found that among those referred as “terrorists” which were actually charged in federal court over a third of them were not charged with any crimes related to terrorism and were categorized as having “no connection to terrorism” by prosecutors. The trend is actually growing. which TRAC sees as a “disturbing” sign, noting that while only 31% of referrals in 2002 failed to result in prosecution 73% of those in 2008 ended that way. |
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Oct. 1, 2009 at 10:23:52 AM
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| Any society that would give up a little liberty to gain a little security will deserve neither and lose both. B Franklin
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Oct. 17, 2009 at 11:44:37 AM
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| Thursday Oct. 8, 2009 13:09 EDT A historian's account of Democrats and Bush-era war crimes If a historian were to write about the events of the first nine months of 2009 when it came to transparency issues as they relate to the war crimes of the Bush years, the following is what would be written. Just remember this was all done with an overwhelming Democratic majority in both houses of Congress and a Democratic President elected on a promise to usher in "an unprecedented level of openness in Government" and "a new era of openness in our country." There's no blaming Republicans for any of this:
That's the record which an historian, wedded as faithfully as possible to a narration of indisputable facts, would be compelled to write. And those are just disclosure and transparency issues relating to Bush-era crimes. None of that has anything to do with ongoing assertion of detention powers, habeas corpus denials, renditions, transparency issues generally, the Democrats' active efforts just this week to prevent abuses of the Patriot Act and FISA, etc. (for those with Twitter, just read Marcy Wheeler's infuriating account from the last two hours of how key Democrats in the Senate -- led by Dianne Feinstein and Pat Leahy -- just gutted virtually every effort to rein in Patriot Act and FISA abuses that were sponsored by Feingold, Durbin and even Arlen Specter: NAJIBULLAH ZAZI!!!). And now this war on transparency is all culminating with a White House-backed effort -- spearheaded by key ally Joe Lieberman -- to sweep aside two federal court rulings and to write a new exemption for FOIA that has no purpose but to prevent the world from seeing new and critical evidence of systematic American war crimes. If the stated goal of Democrats had been to use their newfound control of Government to protect and suppress Bush-era war crimes, how could they have done any better? |
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Nov. 1, 2009 at 09:15:53 AM
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Obama administration: Toss wiretap lawsuitBy DEVLIN BARRETT (AP) – 1 day ago WASHINGTON — Attorney General Eric Holder says a lawsuit in San Francisco over warrantless wiretapping threatens to expose ongoing intelligence work and must be thrown out. In making the argument, the Obama administration agreed with the Bush administration's position on the case but insists it came to the decision differently. A civil liberties group criticized the move Friday as a retreat from promises President Barack Obama made as a candidate. Holder's effort to stop the lawsuit marks the first time the administration has tried to invoke the state secrets privilege under a new policy it launched last month designed to make such a legal argument more difficult. Under the state secrets privilege, the government can have a lawsuit dismissed if hearing the case would jeopardize national security. The Bush administration invoked the privilege numerous times in lawsuits over various post-9/11 programs, but the Obama administration recently announced that only a limited number of senior Justice Department officials would be able to make such decisions. It also agreed to provide confidential information to the courts in such cases. Under the new approach, an agency trying to keep such information secret would have to convince the attorney general and a panel of Justice Department lawyers that its release would compromise national security. Holder said that in the current case, that review process convinced him "there is no way for this case to move forward without jeopardizing ongoing intelligence activities that we rely upon to protect the safety of the American people." The lawsuit was filed by a group of individuals who claimed the government illegally monitored their communications. To proceed with the case, Holder said, would expose intelligence sources and methods. |
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Nov. 1, 2009 at 12:22:29 PM
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Rating for this article
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Hi, Im a paste eater and deserve to be castrated in front of a live audience..........thanks for listening! |
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Nov. 27, 2009 at 08:44:59 AM
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Obama's Fifth Category: The "Untriable"Tuesday 24 November 2009 by: William Fisher, t r u t h o u t | News Analysis In his talk at the National Archives in May, President Obama referred to five categories of prisoners currently held at Guantanamo Bay. First, there are those who have violated American criminal laws and will be tried in federal courts. There may be as many as a dozen men in this category, five of whose trials were announced last week, including that of Khalid Sheikh Mohammed. Second, there are detainees who violated the laws of war and who will be tried by the "new and improved" military commissions. Five prisoners were also designated for such trials last week and there is speculation that there are perhaps 25 more who fall into this category. The third group consists of 21 detainees who have already been released by the courts. Fourth, there are believed to be some 90 prisoners who are cleared for release and who can be transferred safely to other countries if such countries can be found. So what is this "fifth category" of detainees? It consists of prisoners who are thought too dangerous to release, but who cannot be brought to trial. According to The Washington Post, quoting an unnamed official, there are some 75 prisoners in this "fifth category." And the administration's position is that these people are untriable because the evidence against them was obtained through torture or because public trials would involve and potentially expose an unacceptable volume of classified material. Which leaves the administration with the question of what to do with these people. The Obama administration gave the human rights community apoplexy when it referred to "preventive detention." Now, it is simply saying that it's not going to seek any additional authority from Congress for such preventive detention. Which perhaps gives us a clue to the approach the administration has in mind. In a study by the Obama-friendly Center for American Progress, analyst Ken Gude suggests that the Obama administration "incarcerate detainees convicted in US criminal courts in maximum-security US prisons and transfer those who will remain in military custody to Bagram prison in Afghanistan." (Emphasis mine.) That latter group would presumably include the untriable. Which appears to create a neo-GITMO at Bagram in Afghanistan. In an effort to make sense out of this maze of legal confusions, I contacted a group of people I consider to be some of the best minds in constitutional law. In my simplistic layman's way, I questioned the assertion that certain people can't be tried and opined that it seemed to me that anyone who is accused of a crime can - should, must - be tried for that crime, and can not be held indefinitely without a trial. Here are some of their responses: Marjorie Cohn, president of the National Lawyers Guild: The 75 aren't even being accused of crimes. If there isn't enough evidence against them besides statements that have been tortured out of them, they should be released. Judges and prosecutors who have tried terrorism cases in the United States say that the Classified Information Procedures Act effectively protects classified material. If there is probable cause to believe that someone has committed a crime, he should be charged and tried. If not, he should be released. Indefinite detention violates the International Covenant on Civil and Political Rights, a treaty the United States has ratified which makes it part of US law. Jameel Jaffer, director of the National Security Program for the American Civil Liberties Union: We should be very skeptical of the proposition that there are prisoners who can't be prosecuted but are too dangerous to release. The United States has sweeping detention authority under both domestic law and international humanitarian law - authority that is broad enough to reach both terrorists and battlefield combatants. The criminal laws have been used to successfully prosecute not only people who have planned terrorist attacks but also people who have attended training camps or raised money for terrorist groups. In criminal trials, the government can protect intelligence sources and methods by relying on the Classified Information Procedures Act. It's true that federal courts are unlikely to allow the government to rely on evidence derived from torture, but that's a problem with the government's evidence, not a problem with the courts. The courts reject that kind of "evidence" not only because torture is illegal but because evidence derived from torture is unreliable. And if such evidence is too unreliable to justify detention after trial, it's surely too unreliable to justify detention without trial. Michael Ratner, president of the Center for Constitutional Rights: I do not think there is any place for preventive detention in a country that claims it is a democracy under the rule of the law. We opposed it under Bush and it looks no more legal when rewrapped by Obama. The constitution and international law mandates that people be charged and tried or released. The claim that some GITMO detainees can't be tried is a pretext that will usher in a scheme that is contrary to 225 years of US law. There is no middle ground when it comes to human freedom. The claim that some GITMO detainees can be held without charges and trial is an assertion I hoped never to hear in a country claiming it acts under the rule of law. Preventive detention is the road to perdition. It sets a precedent that will haunt our justice system for all time. |
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Dec. 10, 2009 at 06:06:10 AM
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Homeland Security Embarks on Big Brother Programs to Read Our Minds and EmotionsBy Liliana Segura, AlterNet. Posted December 9, 2009. This past February, the Department of Homeland Security (DHS) awarded a one-year, $2.6 million grant to the Cambridge, MA.-based Charles Stark Draper Laboratory to develop computerized sensors capable of detecting a person's level of "malintent" -- or intention to do harm. It's only the most recent of numerous contracts awarded to Draper and assorted research outfits by the U.S. government over the past few years under the auspices of a project called "Future Attribute Screening Technologies," or FAST. It's the next wave of behavior surveillance from DHS and taxpayers have paid some $20 million on it so far. |
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The study looked at 8,900 cases referred by federal investigators for prosecution, noting that in


What a travesty. These lemmings climbed all over each other to sign this abomination into law without even reading it.
No problem! Just look at the name! The USA Patriot Act!! How can we not vote for that!?!
Some patriots. @&^$*&## cowardly lemmings!
Repeal telecom immunity and roll back PATRIOT ACT abuses
Act now, or regret it later.
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