U.S. District Judge Victor Marrero said telling an Internet service provider to turn over records without a judicial court order violates the separation of powers. The ACLU had challenged FBI-issued National Security Letters on precisely that grounds, in the lawsuit before Judge Marrero’s court.
This applies to the 2005-revised Patriot Act. Marrero had earlier struck down the NSL gag order provision in the original version of the Act as a free speech violation; the Second Circuit Court of Appeals directed him to hear the ACLU’s suit on the constitutionality of the act even as revised.
The law was written "reflects an attempt by Congress and the executive to infringe upon the judiciary's designated role under the Constitution," Marrero wrote.
A win’s a win.
Now, can we get Democratic presidential candidates to tell us what they are going to do to junk the Patriot Act — besides Kucinich, who’s already made that pledge?
