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Privacy rights upheld for illegal immigrants
Atlanta Journal-Constitution ^ | Thursday, September 29, 2005 | Elliot Jaspin - Staff

Posted on 10/11/2005 12:20:25 PM PDT by Iron Matron

Judge denies media request for felons' names Elliot Jaspin - Staff Thursday, September 29, 2005

Washington --- The "privacy interests" of illegal immigrants who have been convicted of felonies in the United States would be compromised if the government released their names and other identifying information, a federal judge has ruled.

Citing court rulings and federal laws aimed at protecting individuals from unwarranted embarrassment or injury, Judge Richard Leon on Tuesday rejected a request from the Washington bureau of Cox Newspapers to release the names of illegal immigrants who are being held, or have been, in U.S. jails. These names are collected by the U.S. Justice Department as part of a program to pay state and local governments for some of the costs of incarcerating criminal immigrants.

Cox Newspapers filed suit against the Justice Department in 2003, seeking the list under the federal Freedom of Information Act after discovering that the federal government frequently neglects to deport illegal immigrants convicted of felonies after they have served their sentences.

In one case, an illegal immigrant from Mexico who had molested a 3-year-old girl in Georgia walked out of prison in 2001 after serving his sentence and disappeared because no one from the federal government was there to deport him.

In its court filings, Cox Newspapers argued that the public's right to know about convicted rapists, thieves and murderers who are in the country illegally outweighed any right to privacy they might have

.

Beyond asserting that criminal immigrants have a right to privacy, Leon did not explain why their privacy outweighed the public interest. "The privacy intrusion associated with disclosing this information," he wrote in his 11-page opinion, "clearly outweighs the public disclosure of the information."

Mark Tapscott, a FOIA expert with the Heritage Foundation, a conservative Washington think tank, called the decision "idiotic" and said he is confident it would be overturned on appeal. "This is a serious blow to the public's right to know," he said.

Jon Hart, the Washington attorney representing Cox Newspapers in the case, said the company has not yet decided whether it will


TOPICS: Government; News/Current Events
KEYWORDS: activistjudge; aliens; dhs; illegalimmigration; immigrantlist; immigration
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1 posted on 10/11/2005 12:20:40 PM PDT by Iron Matron
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To: Iron Matron

Appointed by Bush (w).


2 posted on 10/11/2005 12:24:36 PM PDT by ncountylee (Dead terrorists smell like victory)
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To: Iron Matron

In case anyone wondered why so many are up in arms about the Miers nomination, here you go.


3 posted on 10/11/2005 12:25:52 PM PDT by thoughtomator (Corporatism is not conservatism)
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To: Iron Matron

O.M.G. !!!

The USA is turning into Canada before my very eyes.

Sad.


4 posted on 10/11/2005 12:26:09 PM PDT by fanfan (" The liberal party is not corrupt " Prime Minister Paul Martin)
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To: ncountylee

Judge Leon was appointed to the United States District Court in February 2002. He received his A.B. from Holy Cross College in 1971, his J.D. cum laude from Suffolk Law School in 1974, and his LL.M. from Harvard Law School in 1981. Prior to being appointed to the bench, Judge Leon was engaged in private practice in Washington, D.C. from 1989 to 2002. Earlier in his career, Judge Leon served at the U.S. Department of Justice in a number of positions, including Deputy Assistant Attorney General in the Environment Division, Senior Trial Attorney in the Criminal Section of the Tax Division, and Special Assistant U.S. Attorney in the Southern District of New York. In addition, Judge Leon served as counsel to congressional committees in the investigations of three sitting Presidents and as Special Counsel to the U.S. House Ethics Reform Task Force. He also served as a Commissioner on the White House Fellows Commission and the Judicial Review Commission on Foreign Asset Control. A former full-time law professor at St. John’s Law School, Judge Leon is currently an adjunct law professor at the Georgetown University Law Center.


http://www.dcd.uscourts.gov/leon-bio.html


5 posted on 10/11/2005 12:27:17 PM PDT by thoughtomator (Corporatism is not conservatism)
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To: Iron Matron

illegals have more rights than American citizens...


6 posted on 10/11/2005 12:29:06 PM PDT by kellynla (U.S.M.C. 1st Battalion,5th Marine Regiment, 1st Marine Div. Viet Nam 69&70 Semper Fi)
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To: Iron Matron

WTF? That's public record. Right now I can go online to get all the sex offenders in my area, find out who is currently in holding, get full dossiers (including photos) of everybody in a state prison system, and a bunch of other records of those arrested or convicted for crimes. It's purely PC BS that we can't get this information.


7 posted on 10/11/2005 12:29:16 PM PDT by antiRepublicrat
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To: Iron Matron

Bill O. on Fox did a good job of reporting on this last night with Judge Nopalitano. The bottom line is: under this adminstration ILLEGALS HAVE MORE RIGHTS THAN U.S. CITIZENS DO. What a crock of excrement. After I heard this last night, my wife nearly had to throw a bucket of water on me...this is total insanity and we all know who is behind the BIG PRO-ILLEGAL-MEXICAN position in Washington.

This is a real tragedy for our nation and we are watching it being engineered and conducted right before our very eyes.


8 posted on 10/11/2005 12:30:44 PM PDT by EagleUSA
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To: Iron Matron
"Beyond asserting that criminal immigrants have a right to privacy, Leon did not explain why their privacy outweighed the public interest."

By the same token, the federal government's sex offender list ought to be scrapped.

9 posted on 10/11/2005 12:31:38 PM PDT by azhenfud (He who always is looking up seldom finds others' lost change.)
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To: Iron Matron

What in the hell is he talking about...that kind of stuff is part of the public record!


10 posted on 10/11/2005 12:33:21 PM PDT by pgkdan
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To: antiRepublicrat

It's purely PC BS that we can't get this information.
-----
It is actually WORSE than that. The "government" (justice department) wants to desperately HIDE THE IDENTITY of what is coming across our borders. It is total politically-driven INSANITY. Think about that. YOUR GOVERNMENT is hiding the identity of felons, which means they are protecting the CRIMINALS and saying "DROP DEAD" to American citizens -- who have every Constitutional right to this information. Just another MASSIVE, DELIBERATE FAILURE to perform for the American people.


11 posted on 10/11/2005 12:35:29 PM PDT by EagleUSA
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To: EagleUSA; MNJohnnie
We are letting it happen.

The sheeple have lost their way.

BTW, this Judge was appointed by George W. Bush..now he's working on the SCOTUS.

12 posted on 10/11/2005 12:35:43 PM PDT by Iron Matron
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To: antiRepublicrat
WTF? That's public record

Not according to THIS Administration...

13 posted on 10/11/2005 12:36:56 PM PDT by Iron Matron
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To: Iron Matron
Lest any lurkers feel "we" are against the poor gardeners, dishwashers, etc., I repeat from the above article...

In one case, an illegal immigrant from Mexico who had molested a 3-year-old girl in Georgia walked out of prison in 2001 after serving his sentence and disappeared because no one from the federal government was there to deport him.

14 posted on 10/11/2005 12:37:14 PM PDT by Brad’s Gramma (ABT!!!!)
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To: Czar; Borax Queen

ping


15 posted on 10/11/2005 12:38:26 PM PDT by nicmarlo
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To: azhenfud
By the same token, the federal government's sex offender list ought to be scrapped.

If the sex offenders are Illegal Immigrants, specifically from Mexico.. of course, the list MUST be scrapped! /sarcasm

16 posted on 10/11/2005 12:38:44 PM PDT by Iron Matron
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To: Iron Matron

We are letting it happen.
The sheeple have lost their way.

BTW, this Judge was appointed by George W. Bush..now he's working on the SCOTUS.
----
So what do we do? We OBVIOUSLY cannot trust any Republican administration...so who do we install in Washington? Another GWB - no thanks. Certainly not a raving Marxist (Hitlery) who would make this "little issue" look like child's play. So what is left?


17 posted on 10/11/2005 12:40:11 PM PDT by EagleUSA
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To: Iron Matron

"Beyond asserting that criminal immigrants have a right to privacy, Leon did not explain why their privacy outweighed the public interest. 'The privacy intrusion associated with disclosing this information,' he wrote in his 11-page opinion, 'clearly outweighs the public disclosure of the information.'


"Mark Tapscott, a FOIA expert with the Heritage Foundation, a conservative Washington think tank, called the decision 'idiotic' and said he is confident it would be overturned on appeal. 'This is a serious blow to the public's right to know,' he said.'

Who appointed this guy to the bench? Shows the importance of knowing what you'll be getting before the appointment.


18 posted on 10/11/2005 12:41:53 PM PDT by reelfoot
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To: thoughtomator

Ive been supportive of Miers but her feelings on this sort of thing could certainly be a deal breaker for me.


19 posted on 10/11/2005 12:43:51 PM PDT by cripplecreek (Never a minigun handy when you need one.)
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To: thoughtomator

Ive been supportive of Miers but her feelings on this sort of thing could certainly be a deal breaker for me.


20 posted on 10/11/2005 12:44:00 PM PDT by cripplecreek (Never a minigun handy when you need one.)
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To: Iron Matron

time to get out the tar & feathers and then send this asshole judge to mexico on a rail


21 posted on 10/11/2005 12:45:20 PM PDT by catmanblack. (he is the great I AM-)
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To: Iron Matron
We need a wall and we need a government with @$$ enough to do what it's sworn to do.

"Trust me", my @$$.

Doesn't the REAL ID Act prevent judges from doing just this sort of thing - from interfering with deportations? An order to conceal identities could be construed as judicial obstruction, couldn't it?
22 posted on 10/11/2005 12:46:51 PM PDT by azhenfud (He who always is looking up seldom finds others' lost change.)
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To: Ladycalif; 68 grunt; Waywardson; HallowThisGround; StoneColdGOP; janetgreen

Bookmarked.


23 posted on 10/11/2005 12:47:04 PM PDT by EternalVigilance (Put Principle Before Party. Support Minuteman Jim Gilchrist.)
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To: ncountylee
Appointed by Bush (w).

And apparently he is no fan of the lefties

24 posted on 10/11/2005 12:47:04 PM PDT by Mo1
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To: ncountylee
Appointed by Bush (w).

Judge Richard Leon?

Wonderful!

25 posted on 10/11/2005 12:49:44 PM PDT by Black Tooth (The more people I meet, the more I like my dog.)
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To: reelfoot

Some say Bush appointed, but didn't Meirs have a part in it?


26 posted on 10/11/2005 12:49:45 PM PDT by azhenfud (He who always is looking up seldom finds others' lost change.)
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To: Mo1

http://www.deputydavidmarch.com/


27 posted on 10/11/2005 12:50:49 PM PDT by EternalVigilance (Put Principle Before Party. Support Minuteman Jim Gilchrist.)
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To: EternalVigilance

And that had ?? what to do with the post I made?


28 posted on 10/11/2005 12:55:02 PM PDT by Mo1
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To: EagleUSA
The "government" (justice department) wants to desperately HIDE THE IDENTITY of what is coming across our borders

I dont have an exact quote, but O'Reilly asked Judge Napalotano about why the admin wanted to hide the identity of illegals (criminals). The judge said something along the lines of - it could be that the gov. believes some terrorists may be among them..that they could be used for information...

I translated that comment as "lets let them loose, then follow them so we can learn about where they go..etc. If that is even close to the reason..it is dangerous and STUPID!

29 posted on 10/11/2005 12:56:13 PM PDT by Iron Matron
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To: Iron Matron

If that is even close to the reason..it is dangerous and STUPID!
-----
We have a REAL BIG PROBLEM in Washington.


30 posted on 10/11/2005 12:58:40 PM PDT by EagleUSA
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To: EagleUSA
So what is left?

I dont know. This is out of control. Voting conservatives in does not seem to help.

I think all concerned citizens need to brush up on their constitutional rights..and walk on Washington. Seriously. Why should we let our country be ruined by judges and out of control Presidents? Our Constitution was written to PREVENT that...

For those who do not fear..there must be options.

31 posted on 10/11/2005 12:59:20 PM PDT by Iron Matron
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To: reelfoot
Who appointed this guy to the bench? Shows the importance of knowing what you'll be getting before the appointment.

From post #5:

Judge Leon was appointed to the United States District Court in February 2002.

32 posted on 10/11/2005 12:59:56 PM PDT by DumpsterDiver
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To: cripplecreek

Well, you know the President's feelings about illegals... which is a prime reason I cannot take his word alone as reason to support Miers.


33 posted on 10/11/2005 1:00:01 PM PDT by thoughtomator (Corporatism is not conservatism)
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To: fanfan
The USA is turning into Canada before my very eyes.

NOPe. Its turning in to Russia..or Germany..

34 posted on 10/11/2005 1:00:38 PM PDT by Iron Matron
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To: gubamyster

ping


35 posted on 10/11/2005 1:00:56 PM PDT by DumpsterDiver
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To: DumpsterDiver; reelfoot
Who appointed this guy to the bench? Shows the importance of knowing what you'll be getting before the appointment.

George W. Bush Appointed Him To The Bench.

36 posted on 10/11/2005 1:02:02 PM PDT by Iron Matron
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To: cripplecreek
Ive been supportive of Miers but her feelings on this sort of thing could certainly be a deal breaker for me.

Bush's silence on this legal matter will speak volumes about where he, and his legal advisers, stand.

One thing that should be apparent is that Bush avoids all conservative media so that he will never need to be asked questions such as where he stands on this issue. He would rather answer stupid Matt Lauer questions all day long than have to answer one question from the list of questions I have for him.

37 posted on 10/11/2005 1:04:55 PM PDT by Jim_Curtis
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To: azhenfud
An order to conceal identities could be construed as judicial obstruction, couldn't it?

Good Question for all activists judges who do not uphold the USA Constitution..Good question to ask the President, who is now appointing Supreme Court Justices. Supreme court justices who will more than likely uphold an illegals RIGHT to be here and our OBLIGATION to support them..

38 posted on 10/11/2005 1:06:30 PM PDT by Iron Matron
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To: Iron Matron

Anybody know the basis for the ruling?


39 posted on 10/11/2005 1:11:16 PM PDT by VeniVidiVici (When a Jihadist dies, an angel gets its wings)
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To: VeniVidiVici
Anybody know the basis for the ruling?

According to O'Reilly, no precedents were cited.

40 posted on 10/11/2005 1:17:07 PM PDT by Iron Matron
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To: Travis McGee; gubamyster; HiJinx

Ping

Thanks for your pings..


41 posted on 10/11/2005 1:20:38 PM PDT by Iron Matron
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To: Jim_Curtis
He would rather answer stupid Matt Lauer questions all day long than have to answer one question from the list of questions I have for him.

Bush would definitely get an "OWIE" if confronted by real conservatives..or anyone with a basic understanding of the Constitution.

...or maybe he does know quite a bit about the Constitution..he'd have to in order to subvert it as he does..Like "they" say, no one knows the bible better than the Devil himself.

42 posted on 10/11/2005 1:24:30 PM PDT by Iron Matron
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To: thoughtomator
WRT #3, that is what I was writing right from the start. GWB is more concerned with his agenda for a North America without borders, amnesty for criminal aliens, and the curtailing of free speech (CFR) than he is for the bill of rights and national sovereignty. He and the GOP as well as the Dems use Roe v.Wade as a strawman to keep both sides at bay to maintain the duopoly that basically keeps them both in power. If it weren't for Roe v.Wade we would be able to band together (conservatives and less conservatives) and build a third party of national unity and nationalism.

GWB and the global elite do not want Roe to be overturned or be "quieted" by any decision from the bench. That is why we get Miers.

43 posted on 10/11/2005 1:28:25 PM PDT by Final Authority
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To: nicmarlo
Simply astonishing.

So this dim bulb judicial jackass, Leon, was appointed by the same president (Bush) who tells us "trust me" on the Miers nomination to the SCOTUS.

Good reminder that we don't know a hell of a lot about our new Chief Justice either.

Anyone beginning to get that slightly uncomfortable feeling?

44 posted on 10/11/2005 1:28:46 PM PDT by Czar (StillFedUptotheTeeth@Washington)
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To: Iron Matron

In the old West, nothing like this would have ever happened. The citizens' quick justice GUARANTEED upholding the law!

Anger is building fast and will threaten our peace and tranquility.


45 posted on 10/11/2005 1:49:23 PM PDT by melancholy (Quiz: Name ONE country, other than the USA, that doesn’t control its borders.)
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To: catmanblack.
time to get out the tar & feathers and then send this asshole judge to mexico on a rail

He's not the only one..Ahhh I long for the good old days when citizens COULD ride anti-americans and law breakers out of town on a rail.

We were US Citizens once..now we are allowing ourselves to become a watered down version of some liberals wet dream of utopia.

46 posted on 10/11/2005 1:51:10 PM PDT by Iron Matron
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To: Czar

Don't forget, either, the President said he "looked into Putin's soul" and believed he knew that man too; it just goes to show, we don't know what someone is really like until/unless we can see it, over a period of time. Which is why it would have been better for the President to pick someone who has proven themselves, by words and deeds, to be another Thomas or Scalia.


47 posted on 10/11/2005 1:52:01 PM PDT by nicmarlo
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To: Final Authority
If it weren't for Roe v.Wade

I believe the Roe v Wade litmus is a smokescreen only.

Not a lot has been said about Roe v Wade..until the last few years..and its been law for a Loooong time...

We need to forget individual Cases and CONCENTRATE on the CONSTITUTION..and OUR RIGHTS under it

Our activist and almost tyrannical government needs to be reigned first: Take care of the House's foundation first (Constitutional Government), then we can get the dust bunnies under the bed (Roe v Wade).

You want Unity? Unite under the DOCUMENT, The great Constitution of the United States of America!

48 posted on 10/11/2005 1:57:51 PM PDT by Iron Matron
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To: melancholy
Anger is building fast and will threaten our peace and tranquility

Yep. Angry is building. JUSTIFIED anger is building.

I wonder how long before we allow this government to form some sort of "gestapo" to prevent an uprising?

It seems they are working on it as we post....

49 posted on 10/11/2005 2:01:51 PM PDT by Iron Matron
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To: Iron Matron

50 posted on 10/11/2005 2:02:10 PM PDT by sono (I knew I was going to take the wrong train, so I left early. L Berra)
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