StrictConstruct

The FBI is set to release a report stating that there were more abuses of the “national security letter” provision of the Patriot Act in 2006, though considering the entire concept is unconstitutional in and of itself the fact the provision is also being abused is nothing more than icing on the cake. These “national security letters” are treated as warrants, but they neither require probable cause nor the approval of a Judge in order to give them out. And while they actually existed before the Patriot Act, the difficulty of obtaining one was greatly reduced, and the scope to which they could be used was greatly increased - as evidenced by the jump from 8,500 being requested in 2000, to 47,000 in 2005.

Ironically, in the Detroit Free Press article which discusses this, the first commenter dismisses the article as short on facts - despite its direct reporting of a testimony given by the Director of the FBI - and goes on to say that if there really were abuses there would be tons of lawsuits against the letters. Regardless of whether this person was being serious or intentionally lobbing a softball, there is a very good reason there are not tons of lawsuits being waged against this - it’s a felony to. There is a gag order placed on anyone who receives a NSL, which prevents them from telling anyone, whether it be their spouse, best friend, lawyer, or even a judge in court, that they have recieved one. And keep in mind, this is not even considered an abuse by the FBI, this is a part of the law itself, despite its clear unconstitutionality.

There was a reason the Constitution divided powers and placed checks and balances on each branch of government - too much power concentrated in one place inevitably leads to abuses. When you remove the protections against these abuses, it should come as no surprise whatsoever when abuses occur. The writers of the Constitution were no fools - we need to show that we aren’t either by demanding that the Patriot act be repealed and the Constitution be followed.

(Photo credit to Ozinoh.)