ACLU Urges Judge to Lift Patriot Act Library Gag Order
NewsMax.com Wires
Wednesday, Aug. 31, 2005
BRIDGEPORT, Conn. -- The American Civil Liberties Union urged a federal judge Wednesday to lift a gag order on a client who is being asked by the FBI to provide records about library patrons under the Patriot Act.
Federal prosecutors say allowing that could tip off suspects and jeopardize a federal investigation into terrorism or spying.
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"It is a very logical assumption that the individual who is under investigation will learn that he is under investigation," said Connecticut U.S. Attorney Kevin O'Connor. "That individual is likely to stop doing, what he is doing."
The ACLU claims the gag order is preventing the client from participating in a debate over the Patriot Act, which Congress is considering reauthorizing.
The act, passed shortly after the Sept. 11, 2001, attacks, allowed expanded surveillance of terror suspects, increased use of material witness warrants to hold suspects incommunicado and permitted secret proceedings in immigration cases. More than a dozen provisions are set to expire at the end of this year.
The client wants to tell the world that the government used the Patriot Act when it shouldn't have, said ACLU Associate Legal Director Anne Beeson.
"Our first amendment rights are irreparably harmed, every day the gag continues," Beeson argued. She said the government had done nothing to justify the order.
Prosecutors said the gag order prevents the release of the client's identity, not the client's ability to speak about the Patriot Act.
U.S. District Judge Janet Hall asked to see more documents about the investigation and indicated she would rule next week.
© 2005 The Associated Press
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