FEDERAL APPEALS COURT THROWS OUT PART OF PATRIOT ACT

ACLU – A federal appeals court upheld, in part, a decision striking down provisions of the Patriot Act that prevent national security letter recipients from speaking out about the secret records demands. The decision comes in an American Civil Liberties Union and New York Civil Liberties Union lawsuit challenging the FBI’s authority to use NSLs to demand sensitive and private customer records from Internet Service Providers and then forbid them from discussing the requests. Siding with the ACLU, the U.S. Court of Appeals for the Second Circuit found that the statute’s gag provisions violate the First Amendment.

“We are gratified that the appeals court found that the FBI cannot silence people with complete disregard for the First Amendment simply by saying the words ‘national security,'” said Melissa Goodman, staff attorney with the ACLU National Security Project. “This is a major victory for the rule of law. The court recognized the need for judicial oversight of the government’s dangerous gag power and rejected the Bush administration’s position that the courts should just rubber-stamp these gag orders. By upholding the critical check of judicial review, the FBI can no longer use this incredible power to hide abuse of its intrusive Patriot Act surveillance powers and silence critics.”

The appeals court invalidated parts of the statute that wrongly placed the burden on NSL recipients to initiate judicial review of gag orders, holding that the government has the burden to go to court and justify silencing NSL recipients. The appeals court also invalidated parts of the statute that narrowly limited judicial review of the gag orders – provisions that required the courts to treat the government’s claims about the need for secrecy as conclusive and required the courts to defer entirely to the executive branch.

MILITARY UPS ITS CIVILIAN ROLE

Spencer S. Hsu and Ann Scott Tyson, Washington Post – The U.S. military expects to have 20,000 uniformed troops inside the United States by 2011 trained to help state and local officials respond to a nuclear terrorist attack or other domestic catastrophe, according to Pentagon officials. . .

There are critics of the change, in the military and among civil liberties groups and libertarians who express concern that the new homeland emphasis threatens to strain the military and possibly undermine the Posse Comitatus Act, a 130-year-old federal law restricting the military’s role in domestic law enforcement. . .

The Pentagon’s plan calls for three rapid-reaction forces to be ready for emergency response by September 2011. The first 4,700-person unit, built around an active-duty combat brigade based at Fort Stewart, Ga., was available as of Oct. 1, said Gen. Victor E. Renuart Jr., commander of the U.S. Northern Command

Domestic emergency deployment may be “just the first example of a series of expansions in presidential and military authority,” or even an increase in domestic surveillance, said Anna Christensen of the ACLU’s National Security Project. And Cato Vice President Gene Healy warned of “a creeping militarization” of homeland security.

“There’s a notion that whenever there’s an important problem, that the thing to do is to call in the boys in green,” Healy said, “and that’s at odds with our long-standing tradition of being wary of the use of standing armies to keep the peace.”

The Review first started reporting on the militarization of American life in a 1996 story that began, “The nomination of General Barry McCaffrey as drug czar symbolizes the nation’s dramatic retreat from the principle of separation of military and civilian power. It further demonstrates the degree to which the Posse Comitatus Act of 1878 — which outlaws military involvement in civilian law enforcement — is being ignored and undermined by both the drug warriors and the Clinton administration. Disturbing as the McCaffrey appointment may be, however, it is only an unusually visible sign of something that has been going on quietly for a long time — the military’s steady intrusion upon, and interference with, civilian America.”