The O carries a story from this afternoon describing a trio of Democratic Senators who are seeking a slowdown on the potential extension of some of the more egregious USA PATRIOT provisions otherwise set to expire. (Betcha didn't know the Act's title was actually in acronym form, didya? It's short for Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism...Act.) Along with Russ Feingold of Wiscosin and Majority Whip Dick Durbin of Illinois is our own Ron Wyden, who--compared to his stance on healthcare--is well out in front of his caucus on surveillance and civil liberty issues, and continues to lead progressive interests in the Senate:
Wyden is spearheading an effort to place tighter rules and oversight on the so-called business records provision in the law. Under the current law which expires Dec. 31, federal investigators can scoop up individuals' bank and financial records, medical information, DNA and other "tangible things" (the law's actual wording) without having to prove that the individuals have any connection to terrorist activities.
But Wyden and his allies believe the definition is too broad and too easily allows government officials to conduct "fishing expeditions" of people who may not have any involvement with terror activities.
The "business records" provision sets the standard that the government must meet to obtain an individual's personal information from banks, hospitals, libraries, retail stores and other institutions.
On a pure workload and intellectual basis I think President Obama can handle multitasking on a variety of issues, but the media and the general public may not be so facile. I've been aware of the business records provision and the attention it's been getting in prog-wonk circles, because it's among the most ridiculously overreaching of the PATRIOT provisions, and one that has great potential for touching the lives of ordinary Americans in their homes and businesses. But with stimulus and health care and climate and Afghanistan and banking all taking up chunks of our collective consciousness, we run out of things to devote your outrage and our energy to.
Diehard fans of H.R. 2651 charged the floor of the Senate chamber Tuesday after their bill, a 14-vote underdog nicknamed the Maritime Workforce Development Act, passed 51-49 with just moments to go in the legislative session...A champagne-soaked Sen. Ron Wyden (D-OR), whose last-second vote clinched the bill's passage, said the guys on the Commerce, Science, and Transportation Committee deserved much of the credit, but that the biggest thanks should go to God.
(Another good diary from another solid poster! I've been busy all day with child care and teacher conferences, so it's been just great to have people writing on the exact stuff I would have, had I been here. Keep it going! - promoted by torridjoe)
As you have undoubtedly heard, the good guys won one:
Two provisions of the USA Patriot Act are unconstitutional because they allow search warrants to be issued without a showing of probable cause, a federal judge ruled Wednesday.
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 that killed 191 people in 2004.
Brandon Mayfield. He has been put through absolute hell by our lawless and tryannical government. His family has been terrorized - yes, terrorized - by our own government. (See below.)
Brandon Mayfield brought the suit that made this ruling possible. He has shown tremendous courage and fortitude in standing up against Bush's "Patriot" Act brownshirts to defend and protect himself, his family, and all of us.
Brandon Mayfield - patriot.
To get an idea of just what he's been through, all you need to do is read Judge Aiken's opinion...
One of the men, Christopher James Austad, already must serve a seven-year federal sentence after he pleaded guilty to threatening another federal judge and the president.
It was the second time Austad extended his stay behind bars for making threats.
A state lawyer said that while in prison, Austad threatened employees and had 106 infractions.
Now, he and Jason Paul Wood, 25, have been indicted for mailing threatening communications to U.S. District Judge Ann Aiken of Eugene, Ore.
The written communications, sent by Wood on June 25 and July 19 and by Austad on July 15, included threats to injure her, according to the indictment.
The maximum punishment on each count is 10 years in prison.
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