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May 06, 2009
"I feel like I live in a third world country now."
In what appears to be another Patriot Act horror story, a 16 year old North Carolina boy was arrested by a team of agents, dragged from his home, and is being held incommicado for two months now: WRAL television reported yesterday that Ashton Lundeby, an Oxford, North Carolina teenager, was removed from his home by a dozen Federal agents and hauled to a detention facility in Indiana two months ago. He has been held without being afforded a trial or regular access to his family under the authority of the Patriot Act, a law enacted under the George W. Bush administration in the wake of 9/11 that has been widely criticized for denying due process to anyone deemed an enemy combatant by Federal authorities.Whether the 16 year old had his identity hacked or whether he himself was the culprit, he should have had an arraignment/bail hearing long ago, and in the normal course of things (before the Patriot Act), he'd have been released to parental custody pending his trial. Instead, he's been languishing for two months. Understandably, his mom feels like she's living in a Third World country: Annette Lundeby told the television station that she feels like she is living in a third world country, having to protect her son from the government. A scheduled court hearing for Lundeby has been repeatedly pushed back, according to his mother.As to why there's a gag order, who knows? It certainly would be a good way for overzealous prosecutors to avoid having to admit a mistake. This is the first time I've heard about this case, and I don't know all the details, but I don't like the looks of what I've seen so far. Drudge reported the story, and the case has been attracting more and more attention. I found a YouTube video here: Thank God for the Internet. It makes it hard for the government to cover things like this up. Once again, I think it's time to reexamine or repeal the Patriot Act. Otherwise, because it is in the nature of power that those who have power will abuse it, we will only see more stories like this. posted by Eric on 05.06.09 at 11:59 AM
Comments
"Thank God for the Internet. It makes it hard for the government to cover things like this up." Beth · May 6, 2009 09:56 PM Hi, interesting post. I have been pondering this topic,so thanks for writing. I'll probably be coming back to your blog. ... runescape gold · May 7, 2009 10:52 PM |
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I'm dubious that PATRIOT has any particular relation to this.
That the (understandably upset, and not a lawyer) mother of the kid blames it on PATRIOT doesn't make that accurate.
(The writeup's mention of NSLs makes me imagine that the writer didn't do his research - an NSL is just an easier subpoena. It doesn't let the FBI arrest you and keep you incommunicado for months.)
I've watched the issue on and off since PATRIOT was passed, and I've (partially, since it's long and mostly boring) read the Act... and I don't believe that any part of it authorizes detention (especially of an American citizen) without counsel for two months.
Now, there have been claims of executive power that have been used to suggest that such a thing could be done... but they're not PATRIOT.
Perhaps the FBI abused their power and blamed PATRIOT as a CYA measure, but I don't see a good reason to blame the Act for what's actually happened here.