A suspected terrorist. He's in the 10th grade. The kid is alleged to have made bomb threats. No hearing, no meeting a lawyer, no habeas corpus, no chance of seeing any of the evidence against him.
Now, the kid may have made bomb threats, over the internet. Or maybe he
didn't. But how can you arrest a U.S. citizen without evidence or formal charges, or a bail hearing?
When the Patriot Act passed, several of my colleagues at Duke told me I was paranoid, that of COURSE the government would never use these powers internally. And I said then, of COURSE the government will do exactly that.
Look, the people who work for law enforcement are good people. They thought they had a case. And maybe they DO have a case. The point is there is no way of knowing. And the point is that there CAN'T be no way of knowing. We have rights to due process.
All of you people who supported Guantanamo....how do you like it now? Coming soon, to a home very, very near you (in fact, it's your home): the Patriot Act. No hearings. No bail. And no explanation.
(Nod to Roxanne P., for the link)
UPDATE: Why no coverage of this story? Yes, WRAL is an MSM outlet. But otherwise zero MSM coverage. Except maybe this story in a tiny local paper.
To be clear, I'm not jumping on the "free Ashton Lundeby" bandwagon. I am jumping on the "Give Ashton Lundeby a bail hearing" bandwagon. That is a bandwagon we all should be jumping on.
The real question is how the Patriot Act, a STATUTE, can suspend provisions of the Constitution? Here are the provisions I have in mind:
Amendment 4 - Search and Seizure. Ratified 12/15/1791.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment 5 - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Amendment 6 - Right to Speedy Trial, Confrontation of Witnesses. Ratified 12/15/1791.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.