Clancie
26th January 2004, 09:46 PM
...well, part of it anyway. (And I wonder how many people realize that, under the Patriot Act, people can be imprisoned for supporting the lawful, nonviolent activities of Kurdish refugees?)
(paragraphs rearranged for brevity)
By LINDA DEUTSCH, AP Special Correspondent
LOS ANGELES - A federal judge has thrown out a section of the USA Patriot Act that bars giving expert advice or assistance to groups designated foreign terrorist organizations.
The case before the court involved five groups and two U.S. citizens seeking to provide support for lawful, nonviolent activities on behalf of Kurdish refugees in Turkey.
The Los Angeles-based Humanitarian Law Project said the plaintiffs were threatened with 15 years in prison if they advised groups on seeking a peaceful resolution of the Kurds' campaign for self-determination in Turkey.
The judge's ruling said the law, as written, does not differentiate between impermissible advice on violence and encouraging the use of peaceful, nonviolent means to achieve goals.
"The USA Patriot Act places no limitation on the type of expert advice and assistance which is prohibited and instead bans the provision of all expert advice and assistance regardless of its nature," the judge said.
An attorney who argued the case on behalf of a civil liberties group said the ruling marks the first court decision to declare a part of the Patriot Act unconstitutional.
and this...
Under the Patriot Act, the U.S. prohibition on providing "material support" or "resources" to terrorist groups was expanded to include "expert advice or assistance."
The ruling follows a December decision by the 9th U.S. Circuit Court of Appeals to overturn portions of a sweeping 1996 anti-terror law which preceded the Patriot Act. A three-judge panel found the law's reference to financial assistance or "material support" to terrorist organizations was overbroad.
The government has asked for a rehearing of the three-judge decision by the entire circuit court.
Another challenge to the Patriot Act is pending in Detroit. In that case, the American Civil Liberties Union argued that the law gives federal agents unlimited and unconstitutional authority to secretly seize library reading lists and other personal records. New York Times/ AP (http://www.nytimes.com/aponline/national/AP-Patriot-Act.html)
(paragraphs rearranged for brevity)
By LINDA DEUTSCH, AP Special Correspondent
LOS ANGELES - A federal judge has thrown out a section of the USA Patriot Act that bars giving expert advice or assistance to groups designated foreign terrorist organizations.
The case before the court involved five groups and two U.S. citizens seeking to provide support for lawful, nonviolent activities on behalf of Kurdish refugees in Turkey.
The Los Angeles-based Humanitarian Law Project said the plaintiffs were threatened with 15 years in prison if they advised groups on seeking a peaceful resolution of the Kurds' campaign for self-determination in Turkey.
The judge's ruling said the law, as written, does not differentiate between impermissible advice on violence and encouraging the use of peaceful, nonviolent means to achieve goals.
"The USA Patriot Act places no limitation on the type of expert advice and assistance which is prohibited and instead bans the provision of all expert advice and assistance regardless of its nature," the judge said.
An attorney who argued the case on behalf of a civil liberties group said the ruling marks the first court decision to declare a part of the Patriot Act unconstitutional.
and this...
Under the Patriot Act, the U.S. prohibition on providing "material support" or "resources" to terrorist groups was expanded to include "expert advice or assistance."
The ruling follows a December decision by the 9th U.S. Circuit Court of Appeals to overturn portions of a sweeping 1996 anti-terror law which preceded the Patriot Act. A three-judge panel found the law's reference to financial assistance or "material support" to terrorist organizations was overbroad.
The government has asked for a rehearing of the three-judge decision by the entire circuit court.
Another challenge to the Patriot Act is pending in Detroit. In that case, the American Civil Liberties Union argued that the law gives federal agents unlimited and unconstitutional authority to secretly seize library reading lists and other personal records. New York Times/ AP (http://www.nytimes.com/aponline/national/AP-Patriot-Act.html)