NEWS

The Michigan Daily - Friday, October 1, 2004 - 7

Judge rules part of Patriot Act unconstitutional

NEW YORK - (AP) In a blow
to the Justice Department's post-
Sept. 11 powers, a federal judge said
the government's ability to conduct
secret and unchallengable searches
of Internet and telephone records
violates the Constitution.
U.S. District Judge Victor Marrero
on Wednesday struck down a USA
Patriot Act provision that allowed
the FBI to gather phone and Web
customer records and then barred
the service providers from ever dis-
closing the search took place.
While Marrero called nation-
al security of "paramount value"
and said the government "must be
empowered to respond promptly and

effectively" to threats, he also called
personal security equal in impor-
tance and "especially prized in our
system of justice."
Attorney General John Ashcroft
said yesterday that the Justice
Department will probably appeal.
He said he would study it upon his
return to Washington but "it's almost
a certainty it will be appealed."
"We believe the act to be com-
pletely consistent with the United
States constitution," he told report-
ers at talks with European Union
officials in the Netherlands.
Marrero's decision is the second
time that a judge has ruled uncon-
stitutional part of the Patriot Act, a

package of prosecution and surveil-
lance tools passed shortly after the
attacks of Sept. 11. 2001.
In January, a federal judge in Los
Angeles struck down a section of
the act that made it a crime to give
"expert advice or assistance" to
groups designated foreign terrorist
organizations.
The judge said the language was
too vague, threatening First and
Fifth Amendment rights.
American Civil Liberties Union
attorney Jameel Jaffer called the lat-
est ruling a "landmark victory, and
"a wholesale refutation of excessive
government secrecy and unchecked
executive power."

Marrero said his ruling blocks
the government from issuing new
requests for phone and Internet
records "in this or any other case,"
but delayed the injunction by 90 days
to allow time for an appeal.
The judge said the law violates the
Fourth Amendment because it bars
or deters any judicial challenge to
the government searches, and vio-
lates the First Amendment because
its permanent ban on disclosure is a
prior restraint on speech.
He noted that the Supreme Court
recently said that a "state of war is
not a blank check for the president
when it comes to the rights of the
nation's citizens."

"Sometimes a right, once extin-
guished, may be gone for good,"
Marrero wrote:
Marrero issued his decision in
favor of an Internet access firm iden-
tified in his 120-page ruling simply
as "John Doe." He had agreed to
keep the firm's identity secret to
protect the FBI probe that led to the
search request.
President Bush has been pushing
Congress to renew all of the Patriot
Act before it expires next year, argu-
ing that it is one of law enforcement's
best tools in preventing another cat-
astrophic terrorist attack.
But the law has become a sym-
bol to civil libertarians who say the

Bush administration has gone tot
far in expanding security powers a
the expense of privacy rights an
individual freedom.
In a footnote to his ruling, Mar
rero cited words he had written twc
years ago in another case to wart
that courts must apply "particu
lar vigilance to safeguard agains
excess committed in the name o
expediency."
"The Sept. I1 cases will challenge
the judiciary to do Sept. 11 justice
to rise to the moment with wisdon
equal to the task, its judgment:
worthy of the large dimensions tha
define the best Sept. 11 brought ou
of the rest of American society."

Students react to Bush and Kerry's debate performance

*DEBATE
Continued from page 1
Following the debate, patrons mocked
Bush's performance and gushed about
Kerry's "forceful" demeanor. Sean Duffy,
a research fellow at the Institute for Social
Research, said Bush's arguments revealed a
"preoperational" mindset.
"It was really interesting how childlike
Bush came across - his thinking seemed
strictly concrete," Duffy said. "It was pretty
clear that Kerry was more capable of abstract

same time," LSA senior Andrew Brieschke
said. "I think in a general sense Bush did
better on the witty comments."
He added that this wasn't necessarily bad
because Bush's support base loved this char-
acteristic.
The debate unfolded less than five weeks
before the election, with polls showing
Bush with a narrow lead and several battle-
ground states exceedingly close. Even some
Democrats said the debate, with a national
television audience in the tens of millions,
represented Kerry's best chance to gain late-
campaign momentum.

* though."
College Republicans
and Students for Bush
wearing Bush/Cheney
T-shirts and carrying
"Viva Bush" signs held
a smaller gathering at
the Michigan Union to
watch the candidates
duke it out. Cheers and
applause followed the
President's one-liners
and quips at Kerry, as
well as laughter each
time the Massachusetts
senator claimed that he
was resolute and did not

"You cannot lead
the war on terror if
you keep changing
positions on the
war on terror."
- President Bush

Three post-debate polls
suggested that voters' first
impressions were good for
Kerry, with most of those
surveyed saying he did bet-
ter than Bush. Such instant
polls reflect the views of
debate watchers and not
the public at large. Initial
reactions to a debate can
change after a few days
have passed.
Both men used well-
rehearsed lines during
their face-to-face encoun-
ter, but this was the first
to listen to the criticism at

take "flip flop" stances on policies.
"John Kerry doesn't know the meaning
of the word consistency," said Engineering
senior Christina Sammut, relaying a senti-
ment that many in the crowd expressed.
"The debate really showed that Bush will
not waver," LSA senior Michael Vasell said.
"Kerry kind of flip-flopped. We'll see in the
next debate if he will say the same thing he
said in this one."
Vasell added that he enjoyed the focus on
actual issues instead of the more prevalent
deliberation on Kerry's Vietnam days or
Bush's service in the National Guard.
Members of the audience, for the most
part, agreed that Bush emerged as the victor
of the first debate by remaining calm, confi-
dent and sticking to his beliefs.
President of College Republicans Allison
Jacobs said she thought Bush seemed com-
fortable behind the podium.
"He looked into the camera," she said,
alluding to Kerry's statements that were
often directed only to the moderator.
"Some people just tuned into the election
with this debate and they're looking for that
American image that Bush portrayed," she
said.
Among the strong Republican presence at
the event, there was at least one person who
thought Kerry was better.
"Kerry did an excellent job. He managed
to sound intelligent and down to earth at the
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time each had
close quarters,

Bush appeared perturbed when Kerry lev-
eled some of his charges, scowling at times
and looking away in apparent disgust at oth-
ers. Kerry often took notes when the presi-
dent spoke. Some networks offered a split
screen to viewers so they could see both men
at the same time and watch their reactions.
Bush and Kerry also differed over North
Korea, Iran and Russia in a debate limited to
foreign policy and terrorism.
Kerry charged that North Korea and Iran
both have advanced their nuclear weapons
programs during the Bush administration.
"As president I'll never take my eye off that
ball," the senator said.
Bush said he believed that a diplomatic
initiative currently under way could solve
the crisis with North Korea. "On Iran, I hope
we can do the same," the president said.
Bush said that with North Korea, he would
continue to pursue a strategy that involves
the United States, China, Japan, Russia and
South Korea in talks with North Korea to
defuse the problem. Kerry advocated bilat-
eral talks between the United States and
North Korea to find a solution.
Kerry voiced concerns about conditions in
Russia, saying that crackdowns initiated by
President Vladimir Putin go beyond what's
necessary to combat terror.
Bush said he had a good personal relation-

Democratic presidential candidate Sen. John Kerry (D-Mass.), left, speaks as President Bush listens during the debate In Coral
Gables, Fla. yesterday.

ship with Putin that "enables me to better
comment to him and the better to discuss
with him some of the decisions he makes."
Bush said Russia was a country in transition
and that would remind Putin "of the great
benefits of democracy."
Not long before Bush and Kerry strode on
stage, U.S. and Iraqi forces launched a major
attack against insurgents in Samarra.
The U.S. command said government and
police buildings had been secured in the
city.
The two men clashed time and again over
Iraq and the broader war on terror.
Kerry said he had a four-part plan to battle
terrorists, and said Bush's could be summed
up in four words - "More of the same."
"You cannot lead the war on terror if you
keep changing positions on the war on ter-
ror," retorted the president.
Kerry appeared to taunt the commander
in chief at one point during the debate when
he said his father, former President George

H.W. Bush, had stopped troops from advanc-
ing on Baghdad after they had liberated
Kuwait during the 1991 Persian Gulf War.
Now, he said, the son ordered an invasion
of Iraq anyway, without an exit strategy,
and under conditions that mean the United
States has incurred "90 percent of the casu-
alties and 90 percent of the cost."
In response, Bush ridiculed his opponent,
saying he denigrated U.S. allies in the war,
voted against an $87 billion measure to aid
Afghanistan and Iraq and sent mixed signals.
"What's his message going to be? Please
join us in Iraq for a grand diversion?" Bush
said to Kerry's contention that he could
summon broader international support for
the war. "They're not going to follow some-
one whose core convictions keep changing
because of politics."
Kerry conceded a mistake on one point,
but implied it paled next to the one he
accused Bush of making.
"You know, when I talked about the $87

billion, I made a mistake in how I talk about
the war. But the president made a mistake in
invading Iraq. Which is worse?
Kerry also said Bush erred when he
defended the invasion of Iraq by saying "The
enemy attacked us."
"Saddam Hussein didn't attack us. Osama
bin Laden attacked us. Al-Qaida attacked
us," Kerry said.
Given the stakes, it was not surprising
that the two campaigns negotiated what
amounted to a 32-page contract that covered
debate details.
They ranged from the choice of moderator
(Jim Lehrer of PBS) to the distance between
the candidate lecterns (10 feet).
Even so, "a last-minute controversy flared,
as Kerry's aides objected to the placement of
timing lights on the lecterns.
Daily Staff Reporters Farayha Arrine and
Donn Fresard contributed to this report.

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THEFT
Continued from page 1
He added that he thinks parties, where
houses are filled with strangers, represent
a bigger danger than doors occasionally
left unlocked.
AAPD is also asking neighbors to look
out for each other, be aware of their sur-
roundings and aware of their neighbors
houses. "Sometimes we get calls of a
(breaking and entering) and we'll have a
neighbor say, 'I saw someone looking in
the window an hour ago,' "he said. "We'd
like to know about that - we'd like to
stop something before it happens."
Engineering freshman Tiffinique'
Walls, who lives in a North Campus
residence hall, said she thinks her dorm,
which just got electronic door locks, is
safe. She added that students sometimes
make bad decisions. "They prop doors
WEBSITE
Continued from page 1
is being used and add more pages as
the need arises, Monts said. Some of
the resources the University is already
planning to add to the site are pages
with information for prospective gradu-
ate students and for parents of prospec-
tive students.
Before launching the site publicly,

open - I've kicked the rock out plenty of
times;' she said.
LSA freshman James Robinson said
he thinks the University is doing a good
job of protecting students. "There's only
so much you can do," he said.
Dreslinski said that if students finds
someone in their house or room, they
should call 911 as soon as the person
leaves. He also suggested going to a
neighbor's home and calling the police
to get out of harm's way. He advised
against threatening the invader.
"The last thing you want to do is
inflame a situation. Most of these peo-
ple don't want to get caught, they want
to get away with some financial gain,"
he said. "Chasing them or confront-
ing them might escalate the situation
- we haven't had anyone accosted or
assaulted yet, and we want to keep it
that way."
the University sought feedback from
Rojas. Officials also plan to seek feed-
back from Hispanic families.
Support for the project came from the
Ford Foundation, the Office of the Pro-
vost, the Office of the Vice President for
Communications and the Office of the
Vice President for Student Affairs.

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Daily Staff Reporter Leslie Rott
contributed to this report