Monday, January 26, 2004

Judge rules part of USA PATRIOT Act unconstitutional

Part of the USA PATRIOT Act has been ruled unconstitutional.

Part of Patriot Act Ruled Unconstitutional


By LINDA DEUTSCH, AP Special Correspondent

LOS ANGELES - A federal judge has declared unconstitutional a portion of the USA Patriot Act that bars giving expert advice or assistance to groups designated foreign terrorist organizations.

The ruling marks the first court decision to declare a part of the post-Sept. 11 anti-terrorism statute unconstitutional, said David Cole, a Georgetown University law professor who argued the case on behalf of the Humanitarian Law Project.

In a ruling handed down late Friday and made available Monday, U.S. District Judge Audrey Collins said the ban on providing "expert advice or assistance" is impermissibly vague, in violation of the First and Fifth Amendments.

John Tyler, the Justice Department attorney who argued the case, had no comment and referred calls to the department press office in Washington. A message left there was not immediately returned.
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