16 Year-Old Kid Held For Two Months by Feds Under Patriot Act Fiasco

Mom says Patriot Act stripped son of due process

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Apr. 29, 2009

AMANDA LAMB

WRAL  DOT COM

Raleigh, North Carolina

Sixteen-year-old Ashton Lundeby’s bedroom in his mother’s Granville County home is nothing, if not patriotic. Images of American flags are everywhere – on the bed, on the floor, on the wall.

But according to the United States government, the tenth-grade home-schooler is being held on a criminal complaint that he made a bomb threat from his home on the night of Feb. 15.

The family was at a church function that night, his mother, Annette Lundeby, said.

“Undoubtedly, they were given false information, or they would not have had 12 agents in my house with a widow and two children and three cats,” Lundeby said.

Around 10 p.m. on March 5, Lundeby said, armed FBI agents along with three local law enforcement officers stormed her home looking for her son. They handcuffed him and presented her with a search warrant.

“I was terrified,” Lundeby’s mother said. “There were guns, and I don’t allow guns around my children. I don’t believe in guns.”

Lundeby told the officers that someone had hacked into her son’s IP address and was using it to make crank calls connected through the Internet, making it look like the calls had originated from her home when they did not.

Her argument was ignored, she said. Agents seized a computer, a cell phone, gaming console, routers, bank statements and school records, according to federal search warrants.

“There were no bomb-making materials, not even a blasting cap, not even a wire,” Lundeby said.

Ashton now sits in a juvenile facility in South Bend, Ind. His mother has had little access to him since his arrest. She has gone to her state representatives as well as attorneys, seeking assistance, but, she said, there is nothing she can do.

Lundeby said the USA Patriot Act stripped her son of his due process rights.

“We have no rights under the Patriot Act to even defend them, because the Patriot Act basically supersedes the Constitution,” she said. “It wasn’t intended to drag your barely 16-year-old, 120-pound son out in the middle of the night on a charge that we can’t even defend.”

Passed after the Sept. 11, 2001, terrorist attacks on the U.S., the Patriot Act allows federal agents to investigate suspected cases of terrorism swiftly to better protect the country. In part, it gives the federal government more latitude to search telephone records, e-mails and other records.

“They’re saying that ‘We feel this individual is a terrorist or an enemy combatant against the United States, and we’re going to suspend all of those due process rights because this person is an enemy of the United States,” said Dan Boyce, a defense attorney and former U.S. attorney not connected to the Lundeby case.

Critics of the statute say it threatens the most basic of liberties.

“There’s nothing a matter of public record,” Boyce said “All those normal rights are just suspended in the air.”

In a bi-partisan effort, Rep. Jerrold Nadler, D-N.Y., and Rep. Jeff Flake, R-Ariz., last month introduced in the U.S. House of Representatives a bill that would narrow subpoena power in a provision of the Patriot Act, called the National Security Letters, to curb what some consider to be abuse of power by federal law enforcement officers.

Boyce said the Patriot Act was written with good intentions, but he said he believes it has gone too far in some cases. Lundeby’s might be one of them, he said.

“It very well could be a case of overreaction, where an agent leaped to certain conclusions or has made certain assumptions about this individual and about how serious the threat really is,” Boyce said.

Because a federal judge issued a gag order in the case, the U.S. attorney in Indiana cannot comment on the case, nor can the FBI. The North Carolina Highway Patrol did confirm that officers assisted with the FBI operation at the Lundeby home on March 5.

“Never in my worst nightmare did I ever think that it would be my own government that I would have to protect my children from,” Lundeby said. “This is the United States, and I feel like I live in a third world country now.”

Lundeby said she does not think this type of case is what the Patriot Act was intended for. Boyce agrees.

“It was to protect the public, but what we need to do is to make sure there are checks and balances to make sure those new laws are not abused,” he said.

Sneaky George W. Bush Pushing Through Dozens of Last-Minute Legislative Scams

THE OBSERVER

PAUL HARRIS

DEC 14 2008

chinatown110ec

After spending eight years at the helm of one of the most ideologically driven administrations in American history, George W. Bush is ending his presidency in characteristically aggressive fashion, with a swath of controversial measures designed to reward supporters and enrage opponents.

By the time he vacates the White House, he will have issued a record number of so-called ‘midnight regulations’ – so called because of the stealthy way they appear on the rule books – to undermine the administration of Barack Obama, many of which could take years to undo.

Dozens of new rules have already been introduced which critics say will diminish worker safety, pollute the environment, promote gun use and curtail abortion rights. Many rules promote the interests of large industries, such as coal mining or energy, which have energetically supported Bush during his two terms as president. More are expected this week.

America’s attention is focused on the fate of the beleaguered car industry, still seeking backing in Washington for a multi-billion-dollar bail-out. But behind the scenes, the ‘midnight’ rules are being rushed through with little fanfare and minimal media attention. None of them would be likely to appeal to the incoming Obama team.

The regulations cover a vast policy area, ranging from healthcare to car safety to civil liberties. Many are focused on the environment and seek to ease regulations that limit pollution or restrict harmful industrial practices, such as dumping strip-mining waste.

The Bush moves have outraged many watchdog groups. ‘The regulations we have seen so far have been pretty bad,’ said Matt Madia, a regulatory policy analyst at OMB Watch. ‘The effects of all this are going to be severe.’

Bush can pass the rules because of a loophole in US law allowing him to put last-minute regulations into the Code of Federal Regulations, rules that have the same force as law. He can carry out many of his political aims without needing to force new laws through Congress. Outgoing presidents often use the loophole in their last weeks in office, but Bush has done this far more than Bill Clinton or his father, George Bush sr. He is on track to issue more ‘midnight regulations’ than any other previous president.

Many of these are radical and appear to pay off big business allies of the Republican party. One rule will make it easier for coal companies to dump debris from strip mining into valleys and streams. The process is part of an environmentally damaging technique known as ‘mountain-top removal mining’. It involves literally removing the top of a mountain to excavate a coal seam and pouring the debris into a valley, which is then filled up with rock. The new rule will make that dumping easier.

Another midnight regulation will allow power companies to build coal-fired power stations nearer to national parks. Yet another regulation will allow coal-fired stations to increase their emissions without installing new anti-pollution equipment.

The Environmental Defence Fund has called the moves a ‘fire sale of epic size for coal’. Other environmental groups agree. ‘The only motivation for some of these rules is to benefit the business interests that the Bush administration has served,’ said Ed Hopkins, a director of environmental quality at the Sierra Club. A case in point would seem to be a rule that opens up millions of acres of land to oil shale extraction, which environmental groups say is highly pollutant.

There is a long list of other new regulations that have gone onto the books. One lengthens the number of hours that truck drivers can drive without rest. Another surrenders government control of rerouting the rail transport of hazardous materials around densely populated areas and gives it to the rail companies.

One more chips away at the protection of endangered species. Gun control is also weakened by allowing loaded and concealed guns to be carried in national parks. Abortion rights are hit by allowing healthcare workers to cite religious or moral grounds for opting out of carrying out certain medical procedures.

A common theme is shifting regulation of industry from government to the industries themselves, essentially promoting self-regulation. One rule transfers assessment of the impact of ocean-fishing away from federal inspectors to advisory groups linked to the fishing industry. Another allows factory farms to self-regulate disposal of pollutant run-off.

The White House denies it is sabotaging the new administration. It says many of the moves have been openly flagged for months. The spate of rules is going to be hard for Obama to quickly overcome. By issuing them early in the ‘lame duck’ period of office, the Bush administration has mostly dodged 30- or 60-day time limits that would have made undoing them relatively straightforward.

Obama’s team will have to go through a more lengthy process of reversing them, as it is forced to open them to a period of public consulting. That means that undoing the damage could take months or even years, especially if corporations go to the courts to prevent changes.

At the same time, the Obama team will have a huge agenda on its plate as it inherits the economic crisis. Nevertheless, anti-midnight regulation groups are lobbying Obama’s transition team to make sure Bush’s new rules are changed as soon as possible. ‘They are aware of this. The transition team has a list of things they want to undo,’ said Madia.

General Barry McCaffrey Exposed For The Ultimate Spineless Shill That He Is

THE NEW YORK TIMES

November 30, 2008

One Man’s Military-Industrial-Media Complex

In the spring of 2007 a tiny military contractor with a slender track record went shopping for a precious Beltway commodity.

The company, Defense Solutions, sought the services of a retired general with national stature, someone who could open doors at the highest levels of government and help it win a huge prize: the right to supply Iraq with thousands of armored vehicles.

Access like this does not come cheap, but it was an opportunity potentially worth billions in sales, and Defense Solutions soon found its man. The company signed Barry R. McCaffrey, a retired four-star Army general and military analyst for NBC News, to a consulting contract starting June 15, 2007.

Four days later the general swung into action. He sent a personal note and 15-page briefing packet to David H. Petraeus, the commanding general in Iraq, strongly recommending Defense Solutions and its offer to supply Iraq with 5,000 armored vehicles from Eastern Europe. “No other proposal is quicker, less costly, or more certain to succeed,” he said.

Thus, within days of hiring General McCaffrey, the Defense Solutions sales pitch was in the hands of the American commander with the greatest influence over Iraq’s expanding military.

“That’s what I pay him for,” Timothy D. Ringgold, chief executive of Defense Solutions, said in an interview.

[Read more…]

President-Elect Barack Obama’s Press Conference | Dec 1 2008

Part Two

Good Ol’ Charlie Gibson Gets In One Final Bootlicking Of President George “W/Torture” Bush

HOLLYWOOD REPORTER

Charles Gibson aboard for Bush interview

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ABC anchor will boat to Camp David with first family

By Paul J. Gough

Nov 25, 2008, 06:18 PM ET

NEW YORK — During the same week Barbara Walters interviews the president-elect in Chicago, ABC’s “World News” anchor Charles Gibson will interview President George W. Bush and first lady Laura Bush during the holiday weekend.

Gibson will ride with the first family on Marine One from the White House to Camp David, then interview Mr. and Mrs. Bush there. Gibson will ask about the past eight years, the couple’s future plans and if they have any advice for Bush’s successor, Sen. Barack Obama, and his family.

The interview will air on Monday’s “World News With Charles Gibson” plus that show’s webcast, “Good Morning America” and elsewhere.

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