Civil Liberties, Checks and Balances Making A Comeback

This week we have seen a couple court cases that strike back at the Bush Administration's grabbing of new and extreme executive powers for the executive branch. A federal judge demanded that the Administration provide documents to the court relating to an ACLU lawsuit against the government's warrantless spying program. The government sought to dismiss the case based on the state secrets privilege, and denied even those in the court with security clearance to see the documents requested under the Freedom of Information Act.

While the court is certainly sensitive to the government's need to protect classified information and its deliberative processes, essentially declaring "because we say so" is an inadequate method for invoking Exemption.

Then, a major portion of the Patriot Act was struck down.

A federal judge struck down parts of the revised USA Patriot Act on Thursday, saying investigators must have a court's approval before they can order Internet providers to turn over records without telling customers.

U.S. District Judge Victor Marrero said the government orders must be subject to meaningful judicial review and that the recently rewritten Patriot Act "offends the fundamental constitutional principles of checks and balances and separation of powers."

This specifically deals with National Security Letters, which implements a gag order on those businesses summoned with one. No grand jury subpoena or judge's order was required to issue a National Security Letter, meaning the government could deploy them at will to force businesses to turn over customer records without oversight. These letters were previously shown to be misapplied by the FBI.

Even the long-ago-forgotten LEGISLATIVE branch got into the act by criticizing the new use of spy satellite technology.

Senior House Democrats called on the Bush administration yesterday to delay a planned Oct. 1 expansion of the use of powerful satellite and aircraft spy technology by local and federal law enforcement agencies, challenging the plan's legality and charging that the administration is failing to safeguard the privacy of Americans.

House Homeland Security Committee Chairman Bennie Thompson (D-Miss.) and two Democratic subcommittee chairmen jointly asked the Department of Homeland Security to provide the legal framework for the domestic use of classified and military spy satellites, and to allow Congress to review privacy and civil liberties protections.

"You let this thing go, it may be another blank check to the executive. It may morph into things that will terrify you if you really understand the capabilities of satellites," said Rep. Jane Harman (Calif.), former ranking Democrat on the House intelligence committee.

Next thing you know, they'll start fighting efforts to give away massive new spying powers to the President!