The Patriot Act: 1. It appears that all the information from phones, cell phones, social media etc being gathered by the Federal government is authorized under the Patriot Act and extensions and additions made to it. 2. It appears that the executive branch of the US government has obtained court orders from the FISA court ordering the disclosure of the information it receives. 3. The interesting legal question is whether the Patriot Act is unconstitutional under the Fourth Amendment to the Constitution. 4. The information being gathered appears to be similar to information regularly received by the US government since at least 2003, perhaps earlier. 5. On those occasions when non FISA courts have been presented with the issue of the Constitutionality of the Patriot Act they have refused to decide either on the grounds of State Secrets lack of standing, or both. 6. Unless the government attempts to use the information obtained from the FISA search warrants as evidence in support of a criminal prosecution it is likely that our courts will continue to decline to hear such cases based upon lack of standing. 7. Although, as a lawyer, I think the Patriot Act is unconstitutional, I believe the US Supreme Court would disagree with me and uphold it. 8. Republicans are not allowed to complain about this because they have been the biggest proponents of the Patriot Act, although FOX News now seems to think otherwise. 9. It is very difficult for a President not to use these powers given to him by the Legislature and the Courts because if another terrorist attack occurs he knows he will be blamed. 10. It is a near certainty that terrorist attacks have been foiled and lives have been saved because of the information gathered under FISA Court orders. 11. If it was my decision I would conclude that occassional successful terrorist attacks and occasional loss of American life as a result is the price we have to pay for freedom. 12. I am certain that my willingness to accept attacks and deaths in exchange for Fourth Amendment freedoms would place me in a small minority of Americans. We need a national debate on this issue, but I have little doubt of the outcome of that debate. The American people will opt for security over freedom and liberty and some version of the Patriot Act will remain on the books.
Posted on: Fri, 07 Jun 2013 18:16:47 +0000
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