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From Senator Al Franken…….on how you don't have to be Lawyer to figure some things out………..

I just saw this over at mydd.com …..and it made me smile because everyone was making fun of Al Franken when he decided to run for the Senate…well, I don’t live in his state…but from this …He’d have my vote……….

Al Franken’s Explicit Language

by Charles Lemos, Thu Sep 24, 2009 at 02:03:25 AM EST

…… the Obama Justice Department [ is ] seeking renewal of three key provisions of the Patriot Act that are due to expire at the end of the year……….

The three powers up for renewal are, first, the Section 215 powers that allow the government to obtain literally any tangible thing held by a third party about you with a secret court order, and that court order does not have to be based on any wrongdoing on your part or any suspicion that you’ve done anything wrong. The other provision, number two, is Section 206 of the Patriot Act, which relates to John Doe roving wiretaps, which allows the FISA court to issue a secret order to follow people’s cell phones, from cell phone to cell phone, if they’re suspected of being involved in terrorism. And the third provision is known as the “lone wolf” provision, which allows a full array of searches to be issued by the court secretly, if someone is believed to be a potential threat.

Today Senator Franken took up the gauntlet in defense of our liberties using the some rather explicit language, that of The Constitution.

The story in the Washington Independent:

Just in case he wasn’t familiar with it, Sen. Al Franken (D-Minn.) decided to read the Fourth Amendment to the Constitution to David Kris, assistant attorney general of the Justice Department’s National Security Division, who was testifying to the Senate Judiciary Committee today to urge reauthorization of expiring provisions of the USA Patriot Act.

Franken, who opened by acknowledging that unlike most of his colleagues in the Senate, he’s not a lawyer, but according to his research “most Americans aren’t lawyers” either, said he’d also done research on the Patriot Act and in particular, the “roving wiretap” provision that allows the FBI to get a warrant to wiretap a an unnamed target and his or her various and changing cell phones, computers and other communication devices.

Noting that he received a copy of the Constitution when he was sworn in as a senator, he proceeded to read it to Kris, emphasizing this part: “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.”

“That’s pretty explicit language,” noted Franken, asking Kris how the “roving wiretap” provision of the Patriot Act can meet that requirement if it doesn’t require the government to name its target.

Kris looked flustered and mumbled that “this is surreal,” apparently referring to having to respond to Franken’s question. “I would defer to the other branch of government,” he said, referring to the courts, prompting Franken to interject: “I know what that is.”

Kris explained that the courts have held that the law’s requirements that the person be described, though not named, is sufficient to meet the demands of the Constitution. That did not appear to completely satisfy Franken’s concerns.


September 24, 2009 Posted by | Law, Politics | , , , , , , , | 3 Comments

From Senator Al Franken…….on how you don’t have to be Lawyer to figure some things out………..

I just saw this over at mydd.com …..and it made me smile because everyone was making fun of Al Franken when he decided to run for the Senate…well, I don’t live in his state…but from this …He’d have my vote……….

Al Franken’s Explicit Language

by Charles Lemos, Thu Sep 24, 2009 at 02:03:25 AM EST

…… the Obama Justice Department [ is ] seeking renewal of three key provisions of the Patriot Act that are due to expire at the end of the year……….

The three powers up for renewal are, first, the Section 215 powers that allow the government to obtain literally any tangible thing held by a third party about you with a secret court order, and that court order does not have to be based on any wrongdoing on your part or any suspicion that you’ve done anything wrong. The other provision, number two, is Section 206 of the Patriot Act, which relates to John Doe roving wiretaps, which allows the FISA court to issue a secret order to follow people’s cell phones, from cell phone to cell phone, if they’re suspected of being involved in terrorism. And the third provision is known as the “lone wolf” provision, which allows a full array of searches to be issued by the court secretly, if someone is believed to be a potential threat.

Today Senator Franken took up the gauntlet in defense of our liberties using the some rather explicit language, that of The Constitution.

The story in the Washington Independent:

Just in case he wasn’t familiar with it, Sen. Al Franken (D-Minn.) decided to read the Fourth Amendment to the Constitution to David Kris, assistant attorney general of the Justice Department’s National Security Division, who was testifying to the Senate Judiciary Committee today to urge reauthorization of expiring provisions of the USA Patriot Act.

Franken, who opened by acknowledging that unlike most of his colleagues in the Senate, he’s not a lawyer, but according to his research “most Americans aren’t lawyers” either, said he’d also done research on the Patriot Act and in particular, the “roving wiretap” provision that allows the FBI to get a warrant to wiretap a an unnamed target and his or her various and changing cell phones, computers and other communication devices.

Noting that he received a copy of the Constitution when he was sworn in as a senator, he proceeded to read it to Kris, emphasizing this part: “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.”

“That’s pretty explicit language,” noted Franken, asking Kris how the “roving wiretap” provision of the Patriot Act can meet that requirement if it doesn’t require the government to name its target.

Kris looked flustered and mumbled that “this is surreal,” apparently referring to having to respond to Franken’s question. “I would defer to the other branch of government,” he said, referring to the courts, prompting Franken to interject: “I know what that is.”

Kris explained that the courts have held that the law’s requirements that the person be described, though not named, is sufficient to meet the demands of the Constitution. That did not appear to completely satisfy Franken’s concerns.


September 24, 2009 Posted by | Law, Politics | , , , , , , , | 3 Comments