Friday, January 25, 2008

Patriot Act Upheld


Hassan Abu-Jihaad


I've been one of those critical of the Patriot Act. I fear, on principle, giving up civil liberties in the name of stopping those who would take them away.





But now the Patriot Act has been upheld by a federal judge. In a case that exemplifies the reasoning behind the act.





Hassan Abu-Jihaad (he was born Paul R Hall but later converted to Islam). a 31-year-old former U.S. Navy sailor is charged with providing material support to terrorist organizations in London by allegedly leaking to them classified information about the location and vulnerabilities of a U.S. Navy group. He is scheduled to go on trial in one month.





His attorneys argued that the portions of the Patriot Act which authorized the interception of his phone and e-mail conversations should be struck. The judge has now rejected the motion. Abu-Jihaad's attorneys could, however, appeal.





Abu-Jihaad (interesting surname for someone charged with such a crime isn't it?) should consider himself lucky. If he's found to be guilty, he can thank his lucky stars he wasn't tried for treason. Frankly, anyone American, member of the military or not, who turns this kind of strategic information over to our enemies deserves to swing from the branch of a high oak tree. And I'm not a proponent of capital punishment!





I'll be following this case closely. In the meantime, I'll leave it to the civil libertarians and the constitutionalists to argue whether the judge, or Abu-Jihaad's attorneys, were right about the Patriot Act.

2 comments:

General Chaos said...

This is an interesting case. If the gathering of criminal evidence is included as part of the spirit of the Patriot Act, that could open a new can of worms for anyone in America. For example, a joking request for a joint in chat may be interpreted as criminal solicitation of an illegal drug. It could open a whole new dimension of killing free speech and political discourse.

As far as Mr. Jihaad's accused crime goes, if he is found guilty he should hang. But at least he is getting legal represntation and adjudication that the prisoners in Guantanamon do not enjoy. And I do believe that to be a greater crime against America and our Constitution than anything Mr. Jihaad is accused of doing.

gypsy said...

An Aussie: Its hard for me to comment as it requires sound and accurate Knowledge of the constitution.. i.e 4th ammendment.. and Patriot Act in its full meaning of the Act.. However It seems that their has been a some breach by Hassan Abu-Jihaad providing material support to terrorist organizations ... which has now become a political and legal issue .. to me as an outsider it appears as treason..