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ACLU and NACDL Challenge Patriot Act in Oregon Case

The ACLU, joined by the National Association of Criminal Defense Lawyers ( NACDL ) have filed a friend of court brief in the Oregon 7 terrorism case asking the Judge to declare the Patriot Act unconstitutional.

Specifically, the ACLU, joined by the National Association of Criminal Defense Lawyers, says the Justice Department's use of a secret court to get authority for electronic eavesdropping violates constitutional protections of privacy and free speech and against unreasonable searches and seizures.

The groups filed their challenge as a "friend of the court" brief Friday in the so-called Portland Seven case, in which seven people were charged with conspiring to fight against U.S. troops in Afghanistan. Three of the defendants have pleaded guilty.

Defense lawyers in the Portland case have challenged the government's use of secret court-approved wiretaps, the collection of e-mail messages and the planting of microphones in the home of one of the suspects. They claim the covert surveillance approved by a special court under the Foreign Intelligence Surveillance Act, or FISA, should not have been granted in the case because the defendants are not agents of foreign powers, spies or terrorists, as defined in the act.

A hearing on the motion will be held October 14. Here's more on the action.

For a comprehensive look at the Patriot Act in one place, visit the ACLU's Patriot Act Page.

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