More Wanking — Patriot Act Edition

Filed in National by on May 9, 2009

If you’ve made your way around the blogosphere this week, you’ve seen some of the tale of the 16-year old who has been nabbed from his mother’s house by jack-booted Feds, sent off to another state, and otherwise mistreated as a result of the Patriot Act.  It is enough to make you take up your pitchforks.  The basic story from Wired:

The arrest of the teenager is real enough. FBI agents investigating a February 15 bomb hoax that evacuated the mechanical engineering building at Purdue University traced the phone call to the juvenile’s Oxford, North Carolina home, served his mother with a search warrant and arrested the teen. They issued a press release about it, omitting the suspect’s name. That was on March 5, and he’s been held without bail in Indiana ever since.

Except there is more to this than the current round of manufactured outrage would let on.  Wired has the story:

The claim that the boy is a victim of USA PATRIOT, though, appears to have been cut from whole cloth. While there’s plenty to criticize in that post-9/11 law, it doesn’t contain any provision that abrogates a defendant’s right to a trial. It’s also not responsible for making it illegal to phone in a bomb threat. That’s been a federal crime since 1939.

The boy’s mother, Annette Lundeby, has even acknowledged in interviews that her son has been formally charged, has a court-appointed attorney, and has already made appearances in front of a judge. No military tribunals here. On Alex Jones, Lundeby seemed to more-or-less admit that the USA PATRIOT connection was something she dreamed up on her own.

Jones: And they said they are charging him under the Patriot Act, so –

Lundeby: They’re not saying that, but that’s exactly what they’re doing.

Jones: Well, it’s in the newspaper.

Lundeby: All their actions point towards that. But they don’t deny it either.

There is no doubt that this kid being held away from his home is serious — and it is fair to discuss whether or not this kid’s treatment is in line with what he is being charged with. But this kid is not being charged or held under Patriot Act rules — this kid’s defenders have doctored up a nice media story specifically pitched to gin up outrage over this situation and deflect from the actual facts of the case. Of which Wired has more detail in a followup article:

Lundeby confirmed that her son was known online as “Tyrone,” a celebrity in a prank-calling community that grew late last year out of the trouble-making “/b/” board on 4chan. Using the VOIP conferencing software Ventrilo, as many as 300 listeners would gather on a server run by Tyrone to listen to him and other amateur voice actors make often-crude and racist phone calls, some of which are archived on YouTube. The broadcasts were organized through websites like PartyVanPranks.com.

A former fan of Tyrone’s work helped lead the police to Lundeby’s son after the boy allegedly moved beyond pranks this year and began accepting donations from students eager to miss a day of school. In exchange for a little money, Tyrone would phone in a bomb threat that would shutter the donor’s school for a day.

There is much more detail in both of the Wired articles that is worth reading. Neither article claims that this kid is guilty of anything, but they do make it very clear that this is not an abuse of Patriot Act case and that law enforcement has more to work with here than the original sensational claims admitted to.

Both left and right blogs went crazy over this story — the left because we fought against the Patriot Act in the first place and the right because now that there is a Democrat in charge, they’ve gotten the clue on how horrific this legislation is. (They’ll change their minds if Multiple Choice Mitt becomes President, tho) And they are using their newfound opposition to try to beat up Democrats. The usual bullshit. The one left blog that I read that had this posted (dKos) had a post debunking this claim up within hours of the original post early this week. It is still a cause celebre on the right. Wonder why?

The Patriot Act should be rolled back in its entirety, but I’m not holding my breath that this will happen. But in the meantime, you’ll have more of the detail on this story than those with an agenda to flog.

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"You don't make progress by standing on the sidelines, whimpering and complaining. You make progress by implementing ideas." -Shirley Chisholm

Comments (9)

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  1. Delaware Dem says:

    The Patriot Act must be repealed, and I am glad the Republicans are finally on board.

    Hopefully they will make their intentions known immediately so that the repeal bill garners the votes of all 535 members of Congress. And of course, the Republicans won’t dare say that this repeal will make us less safe. For that would be two faced.

  2. cassandra_m says:

    It would be two-faced. Which is why I think they’ll still go with the “it makes us less safe” BS.

    I think that there is a secret Two-Faced contest going on among the repubs that gets them gift cards to Target or something every time they reach a certain threshold.

  3. LOL, DD. I just got back from the dentist’s office, where I was listening to Kit Bond talk about the supervillian terrorists held at Gitmo and the complete fear-mongering about moving them into U.S. prisons.

    This story above is very frustrating, though. The Patriot Act should be repealed, in part or in full. And one way to get support for such a thing is to personalize the issue. I just hope we’re not all jumping onto this story because it sounds like the defendants will end up being not that sympathetic.

  4. Delaware Dem says:

    So Cass and UI…. it sounds like the Republicans are conflicted. If are against the Patriot Act, they must oppose it in Congress and repeal it. Hell, they don’t have to wait for us. Indeed, they could finally rebuild their party on Libertarian principles by taking the initiative.

    But I think they are too wedded to playing the Democrats will make us less safe card.

  5. That’s a good point, DD. I think the road back for Republicans would a combination of fiscal responsibility (that doesn’t mean tax cuts for everyone) and libertarianism. Instead they seem to be going with the security apparatus and social conservatism.

  6. cassandra_m says:

    So — scary terrorists and scary gays.

    Where have I heard that before?

  7. David says:

    Your Wired mischaracterized the Patriot Act. It does not set up Military Tribunals for people in the United States. Military Tribunals are a separate law for enemy combatants. I don’t know who said that it abridged the right to trial either. The act has many problems which is why I was against it from the beginning and continue to advocate its repeal. If Wired is that far off on what the Act is, I will continue to trust local news sources and not a so-called news source that has no clue what the law is or does.

  8. David says:

    http://www.youtube.com/watch?v=gFVQ0HZz2mc This the Raleigh News Station which presumably has Journalistic checks and balances. I don’t know if the kid is innocent or guilty. That is for a trial, but his right to a speedy trail before his peers in a public court in his state is not happening. That is my complaint. Some of the provisions to allow people to be held in other jurisdictions are related to the rush post 9/11.

  9. cassandra_m says:

    This is the problem, right here, David. You’ve no clue on how to vet information. Or, more precisely, there is information you like and you’ll hang on to it not matter how often is it shown to be quite false. We welcome you, though, as a convert to the illegality of he Patriot Act.

    That clip was posted on 2 May. Stories like that don’t stop getting reported. The local paper has further information — including statements from the US Attorney involved — from May 8. This later local reporting pretty much syncs up with what Wired reported and I guess since this is a local source they’ll have all of those checks and balances too. Event though that doesn’t mean what you think it means.