Las Vegas Review-Journal
In a thundering defense...Portions of Patriot Act tossed out
Mon Oct 4, 2004 20:15
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Monday, October 04, 2004
Copyright © Las Vegas Review-Journal

EDITORIAL: `Not a blank check'

Portions of Patriot Act tossed out

In a thundering defense of the Bill of Rights, a federal judge Wednesday threw out provisions of the Patriot Act the FBI had used to force airlines and Las Vegas hotels to turn over names, addresses and personal identification information on about 350,000 passengers and guests -- and subsequently to order those airlines and hotels to keep a lid on the whole thing.

The American Civil Liberties Union had challenged the law in federal court in April. In a hard-hitting 120-page ruling, U.S. District Judge Victor Marrero struck down those sections of the Patriot Act as unconstitutional.

And the ruling blocks the government from doing it again -- at least during a 90-day stay while the government decides whether it will appeal.

When Las Vegas casino executives were ordered to turn over the records during last year's Christmas holiday season, many balked at the demand and first insisted the FBI obtain national security letters compelling the release. After the letters were presented, the casino companies said they complied with the disclosure orders. But they also said they felt coerced into doing so.

The judge ruled that such national security letters, bypassing the usual procedure of acquiring court-approved subpoenas, are indeed coercive and deter court challenges to the propriety of the demands for information.

The process violates the Fourth Amendment because such judicial review is essential in protecting the constitutional rights of the companies against unreasonable search and seizure, Judge Marrero ruled. Furthermore, the permanent ban on the companies talking about the information provided constitutes a prior restraint of free speech, which is forbidden by the First Amendment.

Judge Marrero, of the U.S. District Court for the Southern District of New York, has gotten it right -- courageously, and with a vengeance.

Jameel Jaffer, lead ACLU attorney in the case, said the ACLU used the Freedom of Information Act to obtain from the Justice Department a six-page list identifying all the companies the FBI compelled to produce such customer information in their giant fishing expedition -- but all the information had been blacked out.

The broad search authority has been used in dozens, and perhaps hundreds, of cases, attorney Mr. Jaffer said.

Defenders of the Patriot Act may argue such a broad-brush approach is necessary to prevail in the war against terrorists who disguise themselves among everyday travelers and tourists.

As a practical matter, it seems unlikely the operatives of an outfit as adaptive as al-Qaida would still be traveling under their proper names today. And even if they were, the Sept. 11 terrorists happily showed their photo IDs before boarding the doomed aircraft. The onus should be on the Peeping Toms to explain what good all this superficial data-mining does -- and what safeguards prevent operatives from making inappropriate use of any unrelated data that may crop up.

Beyond that, though, there is a principle here that outweighs the mere convenience of law enforcement, even if some usefulness to this grab-bag approach were to be demonstrated.

Judge Marrero cites a recent U.S. Supreme Court ruling that held even a "state of war is not a blank check for the president when it comes to the rights of the nation's citizens." Courts must apply "particular vigilance to safeguard against excess committed in the name of expediency," Judge Marrero noted.

About time.

America has survived mightier enemies than this in her 200-year history -- without giving up the liberties and constitutional safeguards that make us what we are.


SOURCE:
http://www.reviewjournal.com/lvrj_home/2004/Oct-04-Mon-2004/opinion/24890280.html

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FBI drops ball on analysis
The Sentinel Mon, 04 Oct 2004 9:32 AM PDT
The Sentinel editorial board has commented several times since Sept. 11, 2001, that you can have all of the cutting-edge technology in the world collecting worldwide intelligence, but it does little good if that information isn't analyzed promptly.
http://www.cumberlink.com/articles/2004/10/04/editorial/editorial/daily01.txt

Feds Quiz Ariz. Muslims Before Election
Guardian Unlimited Mon, 04 Oct 2004 9:12 AM PDT
PHOENIX (AP) - With the final presidential debate in Tempe less than two weeks away, the FBI is increasing efforts to interview Phoenix-area residents, including Muslims, as part of a nationwide plan to prevent a terrorist attack before the Nov. 2 election, agents said
http://www.guardian.co.uk/uslatest/story/0,1282,-4533455,00.html

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FBI Focus on Terrorism Hurt Other Investigations
Fox News Mon, 04 Oct 2004 11:51 AM PDT
WASHINGTON — When the FBI (search) shifted its focus to anti-terrorism efforts, investigations targeting illegal drugs, organized crime and white-collar crime took the biggest hit, according to a Justice Department report Monday
http://www.foxnews.com/story/0,2933,134410,00.html

URGENT: Dear Representative: — A Christian Patriot, Mon Oct 4 22:44