Posted on 09/26/2007 4:35:10 PM PDT by SmithL
“ruling will not stand.”
It should be, though. This Mayfield guy is an American citizen, and he ended up having no ties to terrorism. If the FBI (or anyone else) is going to come in and search an American citizen’s house, they damn well better have a warrant.
Oh, you'll get some passionate disagreement about that from some people. And obviously way too many judges.
I just heard about this decision on radio news.
Here's the thing. We keep wanting to make sense of some of this stuff and expect our leaders to.
Maybe they understand what we are to simple to get. Aliens, even those here illegally have as many rights, and often more, than you or I do. That's sure how it's playing out, isn't it?
Now, we're told by the left and right that illegal entry can't be totally stopped. Fine.
It has to be obvious by now, that we are going to have a presence of people being here, some terrorists, that shouldn't be in the country in the first place.
It also has to be obvious that the courts are certainly not going to uphold or protect the sovereignty of this country. The democrats won't. And the republican power structure won't.
The only way to protect this country at this point , and it's getting more out of control every day, is to put a stop to all immigration/visa programs. ALL of them. Slam the borders shut. Yeah, I know some will get here anyway! Let them be our 'immigrants'. That's good for a few million a year. Stick the people sitting on their butts in homeland security on the border, the ports and rooting out those entrenched in society who would harm us. And allow our border patrol to do it's job!
The point is, if the courts and politics won't let us enforce the laws we pass to control terrorism in this country, we better shut the flows off or we don't have a prayer. It's the only way to have enough resources to find out who is here that should not be and is a threat. Right now, they're hiding in plain sight.
That's open to debate. He was defending some that were.
The left wing in this country is more dangerous than Al Quaeda.
It’s a generic ruling because there’s nothing in the Patriot Act to rule on. There’s no place in the act that allows the Executive to search US Citizens at will for no reason and probable cause is based on the minimum amount of reason. If a drug sniffing dog wags its tail at a car that could be probable cause.
The guy who brought the suit is a citizen.
And when that happens, everyone here who said how wonderful The Patriot Act is will start decrying it when it is turned against Christians, gun-owners and conservatives.
Ed
“It’s a generic ruling because there’s nothing in the Patriot Act to rule on. “
That’s not exactly true. The court ruled on the constitutionality of 50 U.S.C. §§ 1804 and 1823, as amended by the Patriot Act. The court held (based on my quick reading of the case) that those provisions are unconstitutional as applied to US citizens, because they shift the probable cause standard from a criminal standard to some sort of “foreign power” standard.
The court also seemed skeptical that there was probable cause to establish that Mayfield was an agent of a foreign power, or that he was involved in the bombing, because US authorities knew that he had no passport, hadn’t been out of the country, etc.
I knew I remembered her.
. U.S. District Judge Ann Aiken
http://www.heartland.org/Article.cfm?artId=10413
On April 30, a federal judge denied citizens’ plea for water, citing treaty obligations to two area Native American tribes and obligations under the Endangered Species Act. U.S. District Judge Ann Aiken denied a requested injunction against the federal government’s decision, stating the citizens were unlikely to show the federal government had violated the law in cutting off water to the farmers.
The judge agreed the farmers faced severe economic hardship as a result of the government’s decision. However, she determined the interests of the fish outweighed those of the farmers. The interests of the two local Native American tribes further supported the government’s decision to cut off the water, explained Aiken.
It’s what she ruled but it’s not what’s written in the Patriot Act. All the government has to say is they won’t search US Citizens without probable cause in the future then don’t get caught if they do.
That’s right. Non-citizens now actually have rights superior to citizens, as is being demonstrated by the illegal invasion from Mexico movement, and how illegal invaders are allowed to rape citizens’ benefits with impunity. Somehow, an unwritten amendment, or an unwritten constitution is being appealed to for illegal non-citizens on our own soil.
So, that as a precedent, we might also expect our liberal judges to be very concerned about also protecting the “rights,” guaranteed in such an unwritten left-wing American constitution, of people who are not even on our soil. In fact, our left-wing judges will be interested in protecting our nations enemies.
“It’s what she ruled but it’s not what’s written in the Patriot Act. “
Yes, it is. The provision of the Patriot Act in question (codified at 50 USC 1823) allows for physical searches of a premises on a finding of probable cause that the person is an agent of a foreign power. That is not the same, in theory or in practice, as a finding of probable cause that the person is involved in criminal activity.
As applied to US citizens, the 4th amendment requires that there be probable cause regarding criminal activity.
Yes. Sign up for a PACER account.
http://pacer.psc.uscourts.gov/
I't something like 7 cents per page and you don't get billed until your total hits something like $10.
I read the ruling. Heck, I could argue the appeal and win.
Thank you.
One more piece evidence that liberals cannot be trusted to protect us from terrorism.
The way to win the war on terror is to treat it as a war, not as a shoplifting case. Courts have no role in war and these matters should not be subject to review by the courts.
I’m waiting for the “conservatives” who support this under W to suddenly find reason to oppose it under Hillary.
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