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Judge Rejects Patriot Act Challenge

AP via SFGate ^ | 1/24/8 | JOHN CHRISTOFFERSEN, Associated Press Writer

Posted on by SmithL

New Haven, Conn. (AP) -- A federal judge rejected a former sailor's claim Thursday that the government illegally intercepted phone calls and obtained e-mails it is using against him in a terrorism-support case.

Hassan Abu-Jihaad's attorneys had claimed elements of the USA Patriot Act used to obtain the evidence were unconstitutional, and cited a ruling by a federal judge in Oregon striking down key portions of the law. U.S. District Court Judge Mark Kravitz, however, said he disagreed with that ruling, and noted that other courts have found that the law does not infringe on constitutional rights.

Authorities allege that Abu-Jihaad leaked a document describing the location and vulnerabilities of a Navy battle group to suspected terrorism supporters in London. He pleaded not guilty in April to charges of providing material support to terrorists and disclosing classified national-defense information, and is to stand trial Feb. 25.

The 31-year-old Phoenix man's attorneys argued that the Patriot Act allows authorities to conduct searches and electronic surveillance under relaxed standards and secret procedures even if the primary purpose is to gather evidence of domestic criminal activity.

Kravitz, however, wrote that the balance the Patriot Act strikes "between an individual's important interest in privacy and the government's legitimate need to obtain foreign intelligence information remains reasonable and one that complies with the Fourth Amendment," which prohibits unreasonable searches and seizures.



(Excerpt) Read more at sfgate.com ...

TOPICS:

Front Page News

Government

KEYWORDS:

alfredcovello

alfredvcovello

patriotact

Hassan Abu-Jihaad?



Kravitz, Mark R. Born 1950 in Philadelphia, PA



Federal Judicial Service:

Judge, U. S. District Court, District of Connecticut

Nominated by George W. Bush on March 27, 2003, to a seat vacated by Alfred V. Covello; Confirmed by the Senate on June 11, 2003, and received commission on June 12, 2003.



Education:

Wesleyan University, B.A., 1972



Georgetown University Law Center, J.D., 1975



Professional Career:

Law clerk, Hon. James Hunter III, U.S. Court of Appeals for the Third Circuit, 1975-1976

Private practice, New Haven, Connecticut, 1976-1978, 1979-2003

Law clerk, Associate Justice William H. Rehnquist, Supreme Court of the United States, 1978-1979

Adjunct professor, University of Connecticut Law School, 1995-2001



Race or Ethnicity: White



Gender: Male



by 2 posted onby SmithL (My tagline dropped out)

The Bush administration is appealing the Oregon ruling, issued in September by U.S. District Judge Ann Aiken. Aiken ruled that the Patriot Act cannot be used to authorize secret searches and wiretapping to gather criminal evidence  instead of intelligence  without violating the Fourth Amendment Aiken, Ann L. Born 1951 in Salem, OR



Federal Judicial Service:

Judge, U. S. District Court, District of Oregon

Nominated by William J. Clinton on January 7, 1997, to a seat vacated by James A. Redden; Confirmed by the Senate on January 28, 1998, and received commission on February 4, 1998.



Education:

University of Oregon, B.S., 1974



Rutgers University, M.A., 1976



University of Oregon Law School, J.D., 1979



Professional Career:

Law clerk, Hon. Edwin Allen, Lane County Circuit Court, 1979-1980

Private practice, Oregon, 1980-1982

Fundraiser/field staff, Kulongoski for Governor, 1982

Chief clerk, Oregon House of Representatives, 1982-1983

Private practice, Oregon, 1983-1988

Judge, Lane County, Oregon District Court, 1988-1992

Judge, Lane County, Oregon Circuit Court, 1992-1997



Race or Ethnicity: White



Gender: Female



by 3 posted onby SmithL (My tagline dropped out)

To: SmithL

Good for U.S. District Court Judge Mark Kravitz!



To: jazusamo

Authorities allege that Abu-Jihaad leaked a document describing the location and vulnerabilities of a Navy battle group to suspected terrorism supporters in London.



All this guy deserves is a cigarette and a blindfold.



by 5 posted onby Beckwith (Dhimmicrats and the liberal media have chosen sides -- Islamofascism)

To: SmithL

***U.S. District Court Judge Mark Kravitz, however, said he disagreed with that ruling, and noted that other courts have found that the law does not infringe on constitutional rights.*** Supreme Court next. It’s about time another equal judge has stood up to these activist judges that are making a mockery of the system.



by 6 posted onby tobyhill (The media lies so much the truth is the exception)

To: Beckwith

All this guy deserves is a cigarette and a blindfold. I agree...If we started doing that it would deter others from following in his footsteps, IMO.



To: jazusamo; Beckwith

I’m pretty sure that the cigarette is considered cruel and unusual punishment.



by 8 posted onby SmithL (My tagline dropped out)

To: SmithL

Kravitz, Mark R. Nominated by George W. Bush Aiken, Ann L. Nominated by William J. Clinton People, the next election IS ALL ABOUT THE JUDGES!!!!!!!!!!



by 9 posted onby SW6906 (6 things you can't have too much of: sex, money, firewood, horsepower, guns and ammunition.)

To: SmithL

From Daniel Pipes "Weblog", Feb. 12, 2004



by 10 posted onby BlueDragon (...second guessing others..just another of the many services i offer!)

To: SmithL

Hassan Abu-Jihaad? Formerly known as Paul Hall.



by 11 posted onby BlueDragon (...second guessing others..just another of the many services i offer!)

To: Beckwith

“All this guy deserves is a cigarette and a blindfold” Agreed, but first things first. When it comes to tipping off the enemy, his guy’s small potatoes this guy’s small potatoes compared to the New York times.



To: SmithL

“[Judge] Aiken ruled that the Patriot Act cannot be used to authorize secret searches and wiretapping to gather criminal evidence  instead of intelligence  without violating the Fourth Amendment.” How can searches wiretapping to gather criminal evidence be “unreasonable” if the act of search and wiretapping was compelled by legally obtained intelligence info? Was this a consequence of Sandy Gorelich’s “wall” forbidding intelligence agencies from talking to law enforcement?



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