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And, yes, I DO take it personally: The Patriot Act nightmare continues for an innocent man
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Sunday, March 02, 2008

The Patriot Act nightmare continues for an innocent man

i posted about this in early january...
read this from the miami herald, a story i was pointed to by emptywheel... not only will it perfectly illustrate the degree to which our country is now behaving like a rogue police state, it will also chill you to the bone... sure, you may say, the government MUST have SOME reason for doing this, right...? RIGHT...?
Lyglenson Lemorin, acquitted of terrorism charges last week in federal court in Miami, is still a guilty man in the eyes of the U.S. government.

Lemorin, 32, a lawful U.S. resident, remains behind bars -- far from his Miami family -- in the tiny town of Lumpkin, Ga., a deportation center 150 miles south of Atlanta.


Immigration experts said that under the USA Patriot Act, adopted after the Sept. 11, 2001, terrorist attacks, a lawful U.S. resident such as Lemorin may still be locked up and possibly deported on terrorism-related charges -- even if they cannot be proved beyond a reasonable doubt in federal court.

the nightmare continues, although NOW they're not using the patriot act as a legal basis...
Legally, there is nothing to bar the government from pursuing immigration sanctions against Lemorin, experts said, though such action is rare after an acquittal. The immigration charges are a civil matter, and a judge will apply a less strict standard of evidence to the charges that were brought at the criminal trial.


David A. Martin, a University of Virginia law professor who served as general counsel at the Immigration and Naturalization Service during the late 1990s, said that "the government is perfectly within its legal rights to go ahead in two different forums even after they've lost in one." He added, "Whether it's a sound use of prosecutorial authority is a much tougher question."

however, what i said in january still applies...
the strategy is clear... build a base of precedent on the backs of those who have no way to defend themselves, and, even if the justice system demurs, fall back on unconstitutional laws [and obscure regulations] to insure that the emerging police state isn't obstructed... when there's enough precedent established, you and i are next in line...

it's all about instilling fear...

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