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联邦法官规则2个爱国者行动供应违反宪法
星期五， 2007年9月28日
在星期三联邦法庭碰撞下来应付查寻和智力汇聚，他们违犯第四校正保护反对不合情理的查寻和夺取关于邢事诉讼的说法的爱国者行动的二个供应。
Brandon Mayfield，被留下2004年和公设辩护人史蒂文蜡告诉论点的解雇反对Mayfield。
“它是重要的我们，作为一个民主国家，给予密切注意对传统第四项校正原则”，写美国的法官安Aiken。 地方法院为俄勒冈的区在她的44页决定。 “第四个校正很好为这个国家服务220年，通过许多其他危险”。 回顾，设定外国情报机构监视法院到回顾在智力案件窃听应用在外国情报机构监视行动之下，或者FISA， “拿着宪法在美国不需要控制犯罪监视品行”， Aiken写了。 “在第四个校正位置，人民预计顺从对行政分支和它的表示法它将批准这样监视，只有当适当”。 政府“要求这个法院对通过给它将剥夺它所有真正的意思的解释，实质上，修正人权法案。 如此要做的法院衰落”， Aiken认为。 司法部回顾决定，说发言人Boyd教务长。 判决是对诉讼的一个反应被提出反对联邦政府由Brandon · Mayfield，波特兰，俄勒冈，为涉嫌的介入在2004年马德里连续轰炸错误地被拘捕的律师。 联邦政府后道歉对Mayfield并且安定了一部分的Mayfield的诉讼为$2百万。 但Mayfield被允许继续追求质询爱国者行动的合宪性的他的诉讼的部分。 在衣服要求的Mayfield他的家和律师事务所秘密地是残破的入由FBI，他的客户’文件在他的办公室被搜寻了，他的事务和个人计算机秘密地被复制了，他的电话被窃听了，并且他的家被烦扰了。 Mayfield说他是“激动和愉快的”以判决。 “这，对我，非常不是个人的”，他说。 “我认为它是正确的事做。 It was the right thing to continue to challenge the constitutionality of the Patriot Act.” “This is an example of the judicial branch doing what it should do, and that’s to be a check and balance for the legislative and executive branch of government,” he said. “I feel wonderful today, because the Fourth Amendment has been restored to its rightful place, and the balance between liberty and security is balanced again.” Mayfield’s attorneys — Gerry Spence, Elden Rosenthal and Michelle Longer Eder — lauded the ruling. “Judge Aiken, in striking down the challenged provisions of the Patriot Act, has upheld both the tradition of judicial independence and our nation’s most cherished principle of the right to be secure in one’s own home,” they said in a written statement. “We are relieved that the Bill of Rights can be honored and preserved even in times of perceived crisis.” Aiken ruled that FISA, as amended by the Patriot Act, permits the government to conduct surveillance and searches targeting Americans without satisfying the probable-cause standard in the Fourth Amendment. “Prior to the amendments [to FISA], the three branches of government operated with thoughtful and deliberate checks and balances — a principle upon which our nation was founded,” Aiken wrote. But the Patriot Act, she said, eliminated “the constitutionally required interplay between executive action, judicial decision and Congressional enactment.” “For over 200 years, this nation has adhered to the rule of law — with unparalleled success. A shift to a nation based on extra-constitutional authority is prohibited, as well as ill-advised,” she wrote. Aiken noted that FISA does not require that the subject of a search be notified, although the Fourth Amendment ordinarily does. In addition, she said, the Fourth Amendment requires particularity — authorities seeking a search warrant, for example, must list what they are looking for and where they are looking for it. Named to the bench in 1997 by President Clinton, Aiken is considered one of the more liberal judges on the federal bench in Oregon. http://edition.cnn.com/2007/US/law/09/26/patriot.act/index.html Have Your Say: Federal judge rules 2 Patriot Act provisions unconstitutional Please read our posting guidelines before posting. Alternatively you can discuss this report here. Related News
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