Sep. 10th, 2007

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In case you hadn't heard, a Federal judge declared the NSL sections of the PATRIOT Act unConstitutional. "NSL"s are those pesky "National Security Letters" which act as warrants for the FBI to come in and quiet things down while obtaining evidence; so far, so good. But the PATRIOT Act went and lowered the bar from "warrant supported by evidence" to "hey, they kind of look suspicious and we don't like what they're saying".

What's fascinating is that the judge declared the PATRIOT Act provisions to be in violation of not only the 4th Amendment (protections against unwarranted search and seizure), but also the 1st Amendment, as a NSL requires the recipient not to talk about details of the case before trial, if any. So if you're being railroaded, or if you're even nabbed by accident, you can't talk to the press, your mother, or anyone else about it.

With Gonzo on his way out, and with Dubya still flailing for a replacement (*cough* Ted Olson *hack, ptui*), I honestly doubt the administration can put together a coherent request for a stay on this order until they get their act together, but hey, they've surprised me before. Frequently. With their monumental stupidity and disregard for basic rights.

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