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Part of Patriot Act Ruled Unconstitutional


mrmatas2277

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By LINDA DEUTSCH, AP Special Correspondent

LOS ANGELES - A federal judge has declared unconstitutional a portion of the USA Patriot Act that bars giving expert advice or assistance to groups designated foreign terrorist organizations.

The ruling marks the first court decision to declare a part of the post-Sept. 11 anti-terrorism statute unconstitutional, said David Cole, a Georgetown University law professor who argued the case on behalf of the Humanitarian Law Project.

In a ruling handed down late Friday and made available Monday, U.S. District Judge Audrey Collins said the ban on providing "expert advice or assistance" is impermissibly vague, in violation of the First and Fifth Amendments.

John Tyler, the Justice Department (news - web sites) attorney who argued the case, had no comment and referred calls to the department press office in Washington. A message left there was not immediately returned.

The case before the court involved five groups and two U.S. citizens seeking to provide support for lawful, nonviolent activities on behalf of Kurdish refugees in Turkey.

The Humanitarian Law Project, which brought the lawsuit, said the plaintiffs were threatened with 15 years in prison if they advised groups on seeking a peaceful resolution of the Kurds' campaign for self-determination in Turkey.

The judge's ruling said the law, as written, does not differentiate between impermissible advice on violence and encouraging the use of peaceful, nonviolent means to achieve goals.

"The USA Patriot Act places no limitation on the type of expert advice and assistance which is prohibited and instead bans the provision of all expert advice and assistance regardless of its nature," the judge said.

Cole declared the ruling "a victory for everyone who believes the war on terrorism ought to be fought consistent with constitutional principles."

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9-11 is no reason to suspend the Constitution

By Floyd J. McKay

Special to The Times

The American system of separation of powers and checks and balances gives us unique standing among the world's governments.

No parliamentary system, and certainly no authoritarian system, has the elaborate controls of the Constitution of the United States. Those controls were put there because the Founders feared concentrated power.

Each branch of government plays a role in the checks and balances. Added to the executive, legislative and judicial is the role of a nongovernmental force, the news media. But the news media have only the power to expose, not to correct.

We are about to see, in a series of cases being heard by the Supreme Court, whether the judicial branch will assert its role in checking the extraordinary powers exerted by President Bush in the wake of 9-11.

Full Article

http://seattletimes.nwsource.com/html/opinion/2001840324_floyd21.html

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Originally posted by mrmatas2277

By LINDA DEUTSCH, AP Special Correspondent

LOS ANGELES - A federal judge has declared unconstitutional a portion of the USA Patriot Act that bars giving expert advice or assistance to groups designated foreign terrorist organizations.

The ruling marks the first court decision to declare a part of the post-Sept. 11 anti-terrorism statute unconstitutional, said David Cole, a Georgetown University law professor who argued the case on behalf of the Humanitarian Law Project.

In a ruling handed down late Friday and made available Monday, U.S. District Judge Audrey Collins said the ban on providing "expert advice or assistance" is impermissibly vague, in violation of the First and Fifth Amendments.

John Tyler, the Justice Department (news - web sites) attorney who argued the case, had no comment and referred calls to the department press office in Washington. A message left there was not immediately returned.

The case before the court involved five groups and two U.S. citizens seeking to provide support for lawful, nonviolent activities on behalf of Kurdish refugees in Turkey.

The Humanitarian Law Project, which brought the lawsuit, said the plaintiffs were threatened with 15 years in prison if they advised groups on seeking a peaceful resolution of the Kurds' campaign for self-determination in Turkey.

The judge's ruling said the law, as written, does not differentiate between impermissible advice on violence and encouraging the use of peaceful, nonviolent means to achieve goals.

"The USA Patriot Act places no limitation on the type of expert advice and assistance which is prohibited and instead bans the provision of all expert advice and assistance regardless of its nature," the judge said.

Cole declared the ruling "a victory for everyone who believes the war on terrorism ought to be fought consistent with constitutional principles."

Great lets repeal the Patriot Act because some liberal Deuchbag Cunt Judge from LA of all places, says it's unconstitutional....

I've heard it all now.....:blown:

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Originally posted by mr mahs

Great lets repeal the Patriot Act because some liberal Deuchbag Cunt Judge from LA of all places, says it's unconstitutional....

I've heard it all now.....:blown:

Sorry, looks like at least not all the federal judges in the united states are looking to set up an authoratative police state regime.

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Originally posted by normalnoises

And of course Iggy has no arguement.

People like you hate dissent, I wonder about you?

He hates being over ruled as well. He craps in his little superman underoos evertime someone smacks his ass around, the clown ass fool.

Why don't you explain, Iggy/Mahs, why this federal judge is wrong to make this ruling. You know that the ruling was brought upon by a case before the court that involved five groups and two U.S. citizens seeking to provide support for lawful, nonviolent activities on behalf of Kurdish refugees in Turkey. Guess you think this is just plain "un-american" to be promote peace for a change, you war mongering fuck! :rolleyes:

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