Patriot Act...U.S. to appeal court ruling!

Last month, a Federal Judge in Oregon struck down key portions of the Patriot Act as unconstitutional.

Judge Ann Aiken, of the Oregon Federal District Court, ruled that two provisions of the Foreign Intelligence Surveillance Act (FISA), as amended by the Patriot Act, are unconstitutional because they violate the Fourth Amendment of the United States Constitution.

In her ruling, U.S. District Judge Ann Aiken noted that the act cannot be used to authorize secret searches and wiretapping to gather criminal evidence - instead of intelligence gathering - without violating the 4th Amendment ban on unreasonable searches and seizures.

"FISA permits the executive branch of government to conduct surveillance and searches of American citizens without satisfying the probable cause requirements of the Fourth Amendment", she ruled.

The 4th Amendment stipulates as follows:

"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, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

She also noted that,

"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 added that the Supreme Court cautioned, as follows:

"The price of lawful public dissent must not be a dread of subjection to an unchecked surveillance power. Nor must the fear of unauthorized official eavesdropping deter vigorous citizen dissent and discussion of Government action in private conversation. For private dissent, no less than open public discourse, is essential to our free society."

The legal issue arose because of a lawsuit filed by Brandon Mayfield, a Portland lawyer, whose home and office were secretly searched and bugged after the FBI misidentified a fingerprint in the Madrid train bombings that killed 191 people in 2004.

The FBI apologized, and the suit was settled in Mr. Mayfield's favor, for an out-of-court settlement of $2 million.

But the illegality of the FBI's conduct is still at issue.

Lawyers for the Government have announced an appeal will be lodged in respect to Judge Aiken's findings, and subsequent ruling, which puts a major dent in FISA and the Patriot Act.