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ACLU Files Motion Today to Exclude Secret Evidence

Tuesday, September 14, 2004

August 19, 2004
NEW YORK - The government is using gag orders and secret evidence to keep the public in the dark about its use of the Patriot Act to investigate Americans, the American Civil Liberties Union said today.

In two legal challenges to controversial provisions of the Patriot Act brought by the ACLU and other groups, the government has filed secret evidence that it is refusing to disclose to the public and even to the attorneys in the case. How does one defend themselves against this kind of oppression?

"Our system of justice does not and should not tolerate the use of secret evidence in deciding important constitutional questions, which is why this tactic has been repeatedly rejected by the courts," said ACLU Associate Legal Director Ann Beeson.
I would like to quote for you the 6th Amendment to our Constitution... (You know that piece of paper that is supposed to be the Supreme Law of the Land. )

"In all criminal prosecutions, the accused shall enjoy the RIGHT to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed; which district shall have previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense."

If the Patriot Act is found to be in violation of any of those a fore mentioned restraints, it is VOID!

Today, in its challenge to Section 215 of the Patriot Act, the ACLU filed a motion to exclude classified portions of a government affidavit that were provided only to the court. The government has asked the court to consider this secret evidence in deciding whether to dismiss the ACLU's constitutional challenge to the law.

The lawsuit, filed in Detroit in July 2003, challenges the FBI's unprecedented power under Section 215 to access medical, library and other private records without a subpoena or a warrant based on probable cause. The judge has not yet ruled on the government's pending motion to dismiss the case.
How nice... The judge is having trouble with this matter? If the judge would READ the Constitution, he would have his answer. The 4th Amendment states:

"The RIGHT of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, SHALL NO BE VIOLATED, and no Warrents shall issue, but upon probable cause, supported by Oath or affirmation..."

Again, if the Patriot Act is found to be in violation of any of those a fore mentioned restraints, it is VOID!

In the second case, filed in New York in April of this year, the ACLU is challenging the FBI's authority to use National Security Letters to demand sensitive customer records from Internet Service Providers and other businesses without judicial oversight. Here, the government has submitted a secret affidavit without providing any justification for the secrecy or any indication of the nature or scope of the evidence. [the article continues on] When will we, as Sovereign Citizens, figure out that our servant government needs it's butt spanked for getting out of line? There's a rebellion going down against us, and we're sleeping at our posts.


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