16yo American Held w/o Due Process under Patriot Act

SmokeSomeDoja · 05-06-2009, 11:12 AM

Mom says Patriot Act stripped son of due process :: WRAL.com

Oxford, N.C. — 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.

____________________

I hope this is just one of the lingering effects of the gwb administration and not the new status quo that the obama administration accepts.

SmokeSomeDoja · 05-06-2009, 11:47 AM

if jose padilla wasnt enough of an indication, this proves that the federal government is targeting american citizens (and not doing their homework regarding it), not "foreign terrorists with weird names."

**Mafoo** · 05-06-2009, 04:07 PM

this reminds me, sadly, of harold and kumar 2.

the dick head agent totally hell bent on finding terrorists to the point where he thinks everyones a terrorist.

pretty scary shit

cantSEEme · 05-06-2009, 06:18 PM

i remember when making crank phone calls got you suspended from school.

now apparently you are stripped of your rights, shackled, and arrested without due process, even if you didn't make the call.

if obama really wants to make some good changes, he'll throw the patriot act into the garbage pile along with guantanamo bay and torture.

SmokeSomeDoja · 05-07-2009, 02:07 PM

apparently the u.s. government holding an underage american citizen without due process under the law isnt big news.

the fifth amendment to the constitution reads:

"No person shall be ... deprived of life, liberty, or property, without due process of law.."

direct violation of that u.s. citizens rights.

SmokeSomeDoja · 05-07-2009, 02:19 PM

sorry dudes

LewRockwell.com Blog: Ashton Lundeby Update

cantSEEme · 05-07-2009, 02:55 PM

huh. now everything she has said, including the "hacking" of her sons computer is suspect.

but my statement about the patriot act still stands. it's a horrible blemish on american history that needs to be erased.

SmokeSomeDoja · 05-07-2009, 02:59 PM

^word, i think the mom just made a bunch of shit up as far as i can tell...

word up. i agree.

stoneric · 05-07-2009, 03:11 PM

The patriot act is as accepted as our perpetual wars. Not an issue with either party.

Prophet Saddam · 05-11-2009, 01:14 AM

WHAT a stupid mom.

/cool to see you reading rockwell, doja

al-Mu'akhkhir · 05-11-2009, 08:54 AM

Quote:

Originally Posted by ©antSEEme

if obama really wants to make some good changes, he'll throw the patriot act into the garbage pile along with guantanamo bay and torture.

but you know that won't happen, right

verklingen · 05-11-2009, 09:27 AM

^ 4 months ago you would say guantanamo would never be closed etc. with so many unexpected things taking place i think we could all do well to just wait and see.

Prophet Saddam · 05-11-2009, 09:41 AM

^ from '06:

Bush: 'I'd like to close Guantanamo Bay' - Times Online

It was bound to happen eventually...now Obama will just ship them off to Bagram.

verklingen · 05-11-2009, 09:43 AM

so when did bush say he'd like to stop torturing?

stoneric · 05-11-2009, 11:06 AM

Wouldn't he have had to actually admit to toturing before he could say he would stop it?

verklingen · 05-11-2009, 11:14 AM

^ right on man, just trying to illustrate what strides we've made

al-Mu'akhkhir · 05-17-2009, 12:09 AM

Quote:

Originally Posted by verklingen

so when did bush say he'd like to stop torturing?

when did obama?

Prophet Saddam · 05-17-2009, 04:47 AM

Quote:

Originally Posted by verklingen

^ 4 months ago you would say guantanamo would never be closed etc. with so many unexpected things taking place i think we could all do well to just wait and see.

Quote:

Originally Posted by Prophet Saddam

^ from '06:

Bush: 'I'd like to close Guantanamo Bay' - Times Online

It was bound to happen eventually...now Obama will just ship them off to Bagram.

Quote:

Originally Posted by verklingen

so when did bush say he'd like to stop torturing?

so when did you change the subject?

Roach · 05-17-2009, 10:55 AM

To the 16 year old.....

Welcome to the new world order baby boy.

Your parents should have voted against Bush.

Too late now.

Once you set the dogs loose ,you can't be bitching about who they bite.

Mclennison · 05-17-2009, 04:07 PM

Quote:

Originally Posted by MiSaNtHrOpE

To the 16 year old.....

Welcome to the new world order baby boy.

Your parents should have voted against Bush.

Too late now.

Once you set the dogs loose ,you can't be bitching about who they bite.

Start listening to some strawberry alarm clock and jefferson airplane, please

Its never to late to start loving...

05-06-2009, 11:12 AM	#1 (permalink)
SmokeSomeDoja Lushous Join Date: Apr 2003 Location: Erogenous Zones Posts: 17,396 Thanks: 238 Thanked 445 Times in 279 Posts	16yo American Held w/o Due Process under Patriot Act Mom says Patriot Act stripped son of due process :: WRAL.com Oxford, N.C. — 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. ____________________ I hope this is just one of the lingering effects of the gwb administration and not the new status quo that the obama administration accepts. __________________ fotoz fo yo azz "I've run over black cats that were luckier than me." Last edited by SmokeSomeDoja; 05-06-2009 at 11:17 AM.

05-06-2009, 11:47 AM	#2 (permalink)
SmokeSomeDoja Lushous Join Date: Apr 2003 Location: Erogenous Zones Posts: 17,396 Thanks: 238 Thanked 445 Times in 279 Posts	if jose padilla wasnt enough of an indication, this proves that the federal government is targeting american citizens (and not doing their homework regarding it), not "foreign terrorists with weird names." __________________ fotoz fo yo azz "I've run over black cats that were luckier than me."

05-06-2009, 04:07 PM	#3 (permalink)
Mafoo nice daze Join Date: Nov 2005 Location: the anguish of anticipated transformation Posts: 5,962 Thanks: 3,491 Thanked 2,356 Times in 1,540 Posts	this reminds me, sadly, of harold and kumar 2. the dick head agent totally hell bent on finding terrorists to the point where he thinks everyones a terrorist. pretty scary shit __________________ PLUR For once you have tasted flight you will walk the earth with your eyes turned skywards, for there you have been and there you will long to return

05-07-2009, 02:07 PM	#5 (permalink)
SmokeSomeDoja Lushous Join Date: Apr 2003 Location: Erogenous Zones Posts: 17,396 Thanks: 238 Thanked 445 Times in 279 Posts	apparently the u.s. government holding an underage american citizen without due process under the law isnt big news. the fifth amendment to the constitution reads: "No person shall be ... deprived of life, liberty, or property, without due process of law.." direct violation of that u.s. citizens rights. __________________ fotoz fo yo azz "I've run over black cats that were luckier than me."

05-07-2009, 02:19 PM	#6 (permalink)
SmokeSomeDoja Lushous Join Date: Apr 2003 Location: Erogenous Zones Posts: 17,396 Thanks: 238 Thanked 445 Times in 279 Posts	sorry dudes LewRockwell.com Blog: Ashton Lundeby Update __________________ fotoz fo yo azz "I've run over black cats that were luckier than me."

05-06-2009, 06:18 PM	#4 (permalink)
cantSEEme Cold School Join Date: Sep 2005 Posts: 3,051 Thanks: 152 Thanked 127 Times in 457 Posts	i remember when making crank phone calls got you suspended from school. now apparently you are stripped of your rights, shackled, and arrested without due process, even if you didn't make the call. if obama really wants to make some good changes, he'll throw the patriot act into the garbage pile along with guantanamo bay and torture.

05-07-2009, 02:55 PM	#7 (permalink)
cantSEEme Cold School Join Date: Sep 2005 Posts: 3,051 Thanks: 152 Thanked 127 Times in 457 Posts	huh. now everything she has said, including the "hacking" of her sons computer is suspect. but my statement about the patriot act still stands. it's a horrible blemish on american history that needs to be erased.

05-07-2009, 02:59 PM	#8 (permalink)
SmokeSomeDoja Lushous Join Date: Apr 2003 Location: Erogenous Zones Posts: 17,396 Thanks: 238 Thanked 445 Times in 279 Posts	^word, i think the mom just made a bunch of shit up as far as i can tell... word up. i agree. __________________ fotoz fo yo azz "I've run over black cats that were luckier than me."

05-07-2009, 03:11 PM	#9 (permalink)
stoneric bougeman Join Date: Aug 2004 Posts: 5,223 Thanks: 431 Thanked 1,246 Times in 892 Posts	The patriot act is as accepted as our perpetual wars. Not an issue with either party.

05-11-2009, 01:14 AM	#10 (permalink)
Prophet Saddam YaHookan 2011 Winner Join Date: Jul 2002 Location: CA, fuck yeah Posts: 16,340 Blog Entries: 11 Thanks: 3,690 Thanked 713 Times in 479 Posts	WHAT a stupid mom. /cool to see you reading rockwell, doja __________________ SUPPORT THE TROOPS --------------------- BRING THEM HOME & FUCK THE WAR

05-11-2009, 09:27 AM	#12 (permalink)
verklingen Radical Dreamer Join Date: Feb 2006 Location: texas Posts: 8,031 Thanks: 795 Thanked 1,470 Times in 940 Posts	^ 4 months ago you would say guantanamo would never be closed etc. with so many unexpected things taking place i think we could all do well to just wait and see. __________________ “Be kind, for everyone you meet is fighting a hard battle.” rip matt

05-11-2009, 09:41 AM	#13 (permalink)
Prophet Saddam YaHookan 2011 Winner Join Date: Jul 2002 Location: CA, fuck yeah Posts: 16,340 Blog Entries: 11 Thanks: 3,690 Thanked 713 Times in 479 Posts	^ from '06: Bush: 'I'd like to close Guantanamo Bay' - Times Online It was bound to happen eventually...now Obama will just ship them off to Bagram. __________________ SUPPORT THE TROOPS --------------------- BRING THEM HOME & FUCK THE WAR

05-11-2009, 09:43 AM	#14 (permalink)
verklingen Radical Dreamer Join Date: Feb 2006 Location: texas Posts: 8,031 Thanks: 795 Thanked 1,470 Times in 940 Posts	so when did bush say he'd like to stop torturing? __________________ “Be kind, for everyone you meet is fighting a hard battle.” rip matt

05-11-2009, 11:06 AM	#15 (permalink)
stoneric bougeman Join Date: Aug 2004 Posts: 5,223 Thanks: 431 Thanked 1,246 Times in 892 Posts	Wouldn't he have had to actually admit to toturing before he could say he would stop it?

05-11-2009, 11:14 AM	#16 (permalink)
verklingen Radical Dreamer Join Date: Feb 2006 Location: texas Posts: 8,031 Thanks: 795 Thanked 1,470 Times in 940 Posts	^ right on man, just trying to illustrate what strides we've made __________________ “Be kind, for everyone you meet is fighting a hard battle.” rip matt

05-17-2009, 10:55 AM	#19 (permalink)
Roach Victoria Aut Mors Join Date: Dec 1999 Posts: 6,771 Thanks: 2,116 Thanked 1,721 Times in 1,333 Posts	To the 16 year old..... Welcome to the new world order baby boy. Your parents should have voted against Bush. Too late now. Once you set the dogs loose ,you can't be bitching about who they bite. __________________ לזיין את הקופים

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