Originally published September 26, 2007 at 12:00 AM | Page modified September 26, 2007 at 9:19 PM
Judge rules two provisions of USA Patriot Act unconstitutional
A federal judge ruled Wednesday that two provisions of the USA Patriot Act are unconstitutional because they allow search warrants to be...
PORTLAND, Ore. — A federal judge ruled Wednesday that two provisions of the USA Patriot Act are unconstitutional because they allow search warrants to be issued without a showing of probable cause.
U.S. District Judge Ann Aiken ruled that the Foreign Intelligence Surveillance Act, as amended by the Patriot Act, "now permits the executive branch of government to conduct surveillance and searches of American citizens without satisfying the probable cause requirements of the Fourth Amendment."
Portland attorney Brandon Mayfield sought the ruling in a lawsuit against the federal government after he was mistakenly linked by the FBI to the Madrid train bombings in 2004.
The federal government apologized and settled part of the lawsuit for $2 million after admitting a fingerprint was misread. But as part of the settlement, Mayfield retained the right to challenge parts of the USA Patriot Act.
Mayfield claimed that secret searches of his house and office under the Foreign Intelligence Surveillance Act, or FISA, violated the Fourth Amendment's guarantee that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause ..."
Aiken agreed with Mayfield, repeatedly criticizing the government.
"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.
She said that by asking her to dismiss Mayfield's lawsuit, the U.S. Attorney General's office was "asking this court to, in essence, amend the Bill of Rights, by giving it an interpretation what would deprive it of any real meaning. This court declines to do so."
"We are are reviewing the decision," said Justice Department spokesman Peter Carr, who declined further comment.
Mayfield, a Muslim convert, was taken into custody on May 6, 2004, because of a fingerprint found on a detonator at the scene of the Madrid bombing. The FBI said the print matched Mayfield's. He was released from custody on May 21, 2004, and the FBI admitted it had erred in saying the fingerprints were his and later apologized to him.
Before his arrest, the FBI put Mayfield under 24-hour surveillance, listened to his phone calls and surreptitiously searched his home and law office.
In a statement released by his attorney, Elden Rosenthal, Mayfield said Aiken "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."
The Mayfield case has been an embarrassment for the federal government. Last year, the Justice Department's internal watchdog faulted the FBI for sloppy work in mistakenly linking Mayfield to the Madrid bombings. That report said federal prosecutors and FBI agents had made inaccurate and ambiguous statements to a federal judge to get arrest and criminal search warrants against Mayfield.
Copyright © 2007 The Seattle Times Company
NEW - 12:51 AM
Italian lead prosecutor argues Knox motive was hatred
UW provost tapped for Nike's board
Food-bank donations pour in after theft in Rainier Valley
Lynnwood is reinventing itself — again
Man gets 11 1/2 years in I-90 floating-bridge stabbing

LA Galaxy's David Beckham
Los Angeles Galaxy's David Beckham talks about the upcoming MLS Cup final during after a team practice.
nwjobs

Post a comment

Michelle Goodman blogs about work/life balance.
How to tell your office you're gravely ill
Post a comment
nwautos

Choosing a new sedan? Weigh the impact of your choice on your wallet and on the planet.
Post a comment
- Monfort fired after excellent worker turned unreliable
- Sentence request for US woman in Italy murder case
- Boeing facility death was suicide
- 31 years for man who killed girlfriend, then lit cigarette and waited for police
- Swedish threatens to end Regence BlueShield's contract
- Man falls 8 stories, suffers minor injuries
- Mariners Blog | A Mariners-Tigers swap makes a whole lot of sense for both teams
- Man shot in chest on E. Union Street in Capitol Hill
- Mariners Blog | Window of exclusivity shutting on Mariners where Russell Branyan, other free agents are concerned
- 2010 county budget cuts services, 311 jobs
- State's projected budget shortfall exceeds $2 billion
257 - What climate-change deniers really believe (and why they're wrong)
189 - Swedish threatens to end Regence BlueShield's contract
170 - Senate Democrats want to tax nips and tucks
121 - Italian prosecutors wrap up in Knox murder trial
108 - A Mariners-Tigers swap makes a whole lot of sense for both teams
80 - Boeing breaks ground for historic SC plant
71 - Man sentenced to 31 years in prison in girlfriend's slaying on I-5
70 - Monfort fired after excellent worker turned unreliable
69 - 2010 county budget cuts services, 311 jobs
66
- Swedish threatens to end Regence BlueShield's contract
- Recipes: Sesame Pork Roast, Sour Cream Mashed Potatoes, Gingerbread with Lemon Sauce and more
- It's possible to recover a life lost to hoarding
- Seattle industrial artist Rusty Oliver is the man behind 'Smash Putt'
- Restaurant review | Artisanal at The Bravern shows French flair in delicious style
- Peruvian police: Gang killed people for their fat
- $335 million in education grants
- Monfort fired after excellent worker turned unreliable
- Boeing facility death was suicide
- Nepal mass animal sacrifice festival to go ahead





