“The Patriot Act violates the Constitution by allowing..."

“The Patriot Act violates the Constitution by allowing searches and seizures of American citizens and their property without a warrant issued by an independent court upon a finding of probably cause.  Foreign Intelligence Surveillance Courts [...] may issue warrants for individual records, including medical and library records.  It can do so secretly, and the person who turns over the records is muzzled and cannot ever speak of the search.  The attorney general is given the power, with no judicial oversight, to write “national security letters” ordering holders of any of your personal records to hand them over for the government to examine - a power that has already been abused.  You would have no way of knowing that this had been done.

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In fact, a requirement that law enforcement demonstrate probable cause may help law enforcement officials focus their efforts on true threats, thereby avoiding the problem of information overload that is handicapping the government’s efforts to identify sources of terrorist financing. 

History demonstrates that the powers we give the federal government today will remain in place indefinitely.  How sure are we that future presidents won’t abuse those powers? Politically motivated IRS audits and FBI investigations have been used by past administrations to destroy political enemies.  Past abuses of executive surveillance are the reason FISA was passed in the first place.” -Page 115 & 116 of The Revolution, A Manifesto

 

“What was frequently overlooked amid the..."

“What was frequently overlooked amid the ensuing controversy was that the executive branch apparently carried out even more invasive activities, but we never got any answers about those.  When asked whether they had engaged in domestic wiretapping or carried out warrantless searches of people’s homes or correspondence, officials have responded with carefully worded assurances that these things were not done under the program then under discussion - i.e., the Terrorist Surveillance Program.  But were these things being done pursuant to some other program?  No answer.  

When the Attorney General Alberto Gonzales testified before the Senate Judiciary Committee in February 2006, for example, he dealt with questions about whether the administration had engaged in warrantless wiretapping of purely domestic calls.  “Not under the program in which I’m testifying,” came the reply.  Such activity, the attorney general said, was “beyond the bound of the program which I’m testifying about today.”

We do know that for some period of time between September 11, 2001, and March 2004, the executive branch was engaged in a kind of surveillance that was so at odds with American law that then Attorney General John Ashcroft, FBI Director Robert Mueller, and Deputy Attorney General James Comey threatened to resign if it continued.  What exactly was the executive branch up to that caused so much dissent even among its own loyalists? Who was victimized during this time?  Why are we not hearing the answers - or even the questions?” -Pages 113 & 114 of The Revolution, A Manifesto