Certain sections of the the US’s so-called “Patriot” Act was struck down by a Judge during a hearing brought about by the American Civil Liberties Union.

The act previously allowed FBI agents to obtain the electronic records of suspected terrorists and also gag the institution which provided the records to inform their client of the fact that the records were handed over to the FBI.

The Judge found that this infringed on the separation of executive and judicial powers and struck the provisions. Records had shown that many requests for information did not follow procedure with incorrect statutes cited or obtaining information to which the FBI was not entitled.

There is good reason why there is a separation of powers and judicial oversight – as was proven in the beginning of this year with Madrid bombings investigations and arrest of Brandon Mayfield. Mayfield was arrested when fingerprints were found on a detonator and was “matched” to him “100%”. The FBI later acknowledged that there were serious deficiencies in their investigation. Mayfield’s wrongful arrest and 2-week detention without charge could have been avoided had there been proper judicial oversight over the executive powers of the state.

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