Mom says Patriot Act stripped son of due process

[islenos]

"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."

full story: http://www.wral.com/news/local/story/5049867

[Haligan]

I emailed O'Reilly with the link to the story. He's been following the patriot act since it's inception. In the past he has challenged anyone to come forth with an example of abuse.
I like O'Reilly, and I think he is a good egg. An egomaniac, but a good egg.
I will be surprised if he doesn't touch on the story, mabe not tonight, Wed 5/6/09, but eventually.
Mabe I'll even get a signed copy of his book out of the deal.

[Trouble 45-70]

It's a wonder this got out. I think the Patriot Act has provisions criminalizing the fact that you have been arrested. Mabey the Mom can do it. Watch to see if she gets into trouble.

[bcj1755]

Did anyone notice this part....

""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.""

Now, just because she doesn't believe in guns, her family does NOT derserve to have this happen to them. But in my experience, most people that "don't believe in guns" tend to believe the liberal theory that the police can protect you so you don't need to protect yourself and that you should trust the gov't. Well, THIS is an example of what happens when you trust the gov't.

[islenos]

She may start to believe in the protection of one's family through the use of a firearm.

[jacksonco]

Sounds like an over reaction by the authorities. But I wonder how people wopuld feel if this young man had been of Arab decsent?

[satellite66]

Will the press pepper Obama with questions about this? It is on his watch?

[islenos]

Anyone remember this or should I say how could one forget.

http://en.wikipedia.org/wiki/Eli%C3%A1n_Gonz%C3%A1lez

[4EvrLearning]

wow.....stunned here.......

jacksonco.... good question....I'm going to have to be honest with myself in answering that one.... The "easy" answer is, if the same search was done and nothing was found, he'd be as innocent as this boy is.

[jacksonco]

It is unfortunate but we do not know if this boy is innocent. I still believe that as an American Citizen he is due his day incourt and has the right to legal council. And unless it can be determined by a judge that this boy is a threat to national security or an imeadiate threat to others there is no justification for this boy to be sequestered.

As for the patriot act there is absolutely nothing patriotic about it. It may have it uses as a tool to monitor terrorist activities but I don't believe that it should be continued in an unlimited and unsupervised fashion. An American Citizen should not ever lose their Constitutional Rights. If this boy is being teated as his mother claims then something should be done about it. But we still do not know if this boy is innocent of the allegations put forth by the Feds.

[4EvrLearning]

Originally Posted by jacksonco

It is unfortunate but we do not know if this boy is innocent. I still believe that as an American Citizen he is due his day incourt and has the right to legal council. And unless it can be determined by a judge that this boy is a threat to national security or an imeadiate threat to others there is no justification for this boy to be sequestered.

As for the patriot act there is absolutely nothing patriotic about it. It may have it uses as a tool to monitor terrorist activities but I don't believe that it should be continued in an unlimited and unsupervised fashion. An American Citizen should not ever lose their Constitutional Rights. If this boy is being teated as his mother claims then something should be done about it. But we still do not know if this boy is innocent of the allegations put forth by the Feds.

+1....well said

[primerib]

Must have been a serious threat or the law needs to be ammended.

If this is the truth, charges should get dropped.

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.

[artabr]

I'd like to hear the LEO's side of this.
While I agree that the holding of this kid is uncalled for, I'd be willing to bet that her little angel ain't the angel she claims. He wouldn't be the first goofy 16 year old to make false bomb threats.

Like I said, the kid should have been brought before a local Juvenile Court Judge for a hearing and then either released or held as warranted.

I can see the reason the FBI was involved. Interstate bomb threats.
Midnight raid? How do the LEO's know that this is a 16 year old kid and not some nutted up potential Unabomber.

There had to be a reason that they zeroed in on his IP address.


Art

[45nut]

Great line in the article:

"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."

Well, what do you expect from goose stepping morons?? Storm the house of the white folks and the Arabs get their hands and asses kissed with Obozo in power. Don't upset the PEACEFUL muslims? Send them all packing and be done with it.

[Islandboy]

Justice delayed is justice denied.
How long has he been held without charges being filed?
This is one step away from citizens disappearing.

[Marlin T]

That’s crazy. He was arrested March 5th?

Anybody can get a small program that changes your ISP #, so if that is all they have to go on this is seriously messed up.

Why the gag order? Doesn’t make any sense.

I hope they come out with an explanation soon!

[millwright]

As I understand it, anyone's IPO can be "hijacked" without their knowledge.

Seems like a possible case of the government falling upon the "weakest suspect" in order to up their efficiency/conviction scores. IAC, why the suspension of normal constitutional protections to prosecute a lone sixteen year old ?

We're deep in the kimschee, folks !! >MW

[islenos]

My server was hacked, the server itself was not touched but the IP Address was stolen over a weekend. I was in a state of terror Monday morning until I realized my server was ok.

[Trouble 45-70]

Marlin T, Under the Patriot Act, the gag order is almost automatic. I believe there are even restrictions on discussions with your lawyer.

[Vladimir]

The mom is a nutcase, the authorities are saying the PATRIOT ACT has no role in the case.

[millwright]

Last I saw had the the government claiming he posted "threats", so the Patriot 'Act doesn't come into play......... Which doesn't, BTW, address the possibility of "highjacking" of the accused's IPO.....

T'his may be a really stupid kid. Or a completely innocent victim.... >MW

[Angryisme]

Today: http://www.wral.com/news/local/story/5114019/

[artabr]

Originally Posted by artabr

I'd like to hear the LEO's side of this.
While I agree that the holding of this kid is uncalled for, I'd be willing to bet that her little angel ain't the angel she claims. He wouldn't be the first goofy 16 year old to make false bomb threats.

Like I said, the kid should have been brought before a local Juvenile Court Judge for a hearing and then either released or held as warranted.

I can see the reason the FBI was involved. Interstate bomb threats.
Midnight raid? How do the LEO's know that this is a 16 year old kid and not some nutted up potential Unabomber.

There had to be a reason that they zeroed in on his IP address.


Art

Yep, looks like the kid was a little angel alright .............from hell.


http://www.wired.com/threatlevel/200...hone-call-star

Teenage Bomb Threat Suspect Was Internet Prank-Call Star


By Kevin Poulsen May 7, 2009 | 4:44 pm | Categories: The Courts


A 16-year-old North Carolina boy arrested for allegedly making a bomb threat against Purdue University had a secret identity as a superstar in an unusual online subculture — one dedicated to making prank phone calls for a live internet audience, his mother admitted Thursday.

“I heard the prank phone calls he made,” says Annette Lundeby of Oxford. “They were really funny prank phone calls…. He made phone calls to, like, Walmart.”


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.

“People would pay about five dollars, and they get to submit a number,” says Jason Bennett, a 19-year-old college student in Syndey, Australia. “It was getting way out of hand.”

Lundeby admits that her son received donations for his prank phone calls, but denies that he made bomb threats. She says her son was with her, coming home from church, at the time of the February 15 phone call that summoned a bomb squad and evacuated the mechanical engineering building at Purdue University in Indiana.

Bennett didn’t hear the Purdue call, but he says he heard Tyrone admit to that bomb threat later, and decided enough was enough. He contacted university police and began helping them get the goods on “Tyrone.”


The case came to a head the night of March 5, when Tyrone made a series of rapid-fire bomb threats against five different schools around the United States. Bennett recorded the calls.

“This is a warning to every staff, student and anybody else who may be in the school tomorrow afternoon at 11:00 a.m.,” the caller is heard saying in a voicemail message for Mill Valley High School in Shawnee, Kansas.

“There are twelve bombs located throughout the entire campus at the school,” the caller continues (.mp3). “They are in random lockers throughout the school — I will not tell you which lockers they are located in. There are also two in the bathroom and there is one in the gym. You have exactly one hour after 11:00 a.m. to find and disarm the bombs. That is all I have to say. All will be cleansed.”

After leaving similar threats with four other schools, Tyrone gives listeners his e-mail address and asks for PayPal donations. Then he promises more calls in the morning. “I’m going to go to bed so I can ****** wake up at 6:00 in the morning and I’m going to cancel about eight or nine schools maybe,” he says. “You guys have fun missing school tomorrow.”

When Tyrone signed off, Bennett immediately put the recording on his own web server and provided a link to a Purdue University police detective working the case, who shared it with the FBI. Police warned the schools that very night that the calls were hoaxes, and the FBI — armed with a search warrant and a criminal complaint — swooped in on Annette Lundeby’s home at 10:00 p.m., seized computers and arrested her son.

Lundeby insists the “Tyrone” on the recording must be a different prank caller using her son’s online handle and e-mail address. “I’ve asked him about this and he doesn’t know anything about it,” she says. “There are other people who sound like him.”

Bennett says Lundeby knew her son had made bomb threats. “His mother knew that he was making calls, because she’d come on the microphone when he was talking and tell him not to do any bomb threats because the house was going to get raided,” he says. “He said he wasn’t going to do any more bomb threats because his mom didn’t approve of them. But then he did them anyway.”

Lundeby denies knowing anything about her son staging bomb hoaxes. But she admits seeing a YouTube video in which “Tyrone” jokes that he’s hidden a bomb in a box of take-out chicken.

In that call — laced with profanity and racist slurs — Tyrone is heard phoning a New York cigar shop while watching on a webcam streamed though the video-feed site New York City Live. When he sees a food delivery arrive at the checkout counter, he tells the clerk, “Your chicken is here. It contains the bomb which will detonate. It’s my bomb. It’s the bomb that will detonate in five minutes. The fried chicken has a bomb in it.”

“I’m not sure if that was him or not,” says Lundeby. “If you’ll notice, the guy is also playing along with him. A lot of these calls are pre-setup. The other person on the other end knew it had been preset.”

“He did not make the bomb threat to Purdue,” she adds. “Even so, it’s about the Constitution.”

The arrest of Lundeby’s son stoked widespread outrage on the internet after Raleigh, North Carolina’s WRAL-5 reported on the case, noting that the boy is a patriotic homeschooled student with an American flag bedspread.

Much of the online fury was triggered by Lundeby’s incorrect claim — uncritically reported by the station — that the boy was being held without any legal rights on the authority of the 2001 USA Patriot Act. In truth, making telephone bomb threats has been a federal crime since 1939. The teenager is being held without bail in Indiana, but he’s been formally charged, has a court-appointed attorney, and has already made three appearances in front of a judge. The case is sealed because the suspect is a minor.

Responding to the internet outrage on Thursday, the U.S. attorney’s office for the Northern District of Indiana issued a press release (.pdf) emphasizing the the teenager is not being held on terrorism charges. The case “alleges a violation of Title 18, United States Code, Section 844(e), which prohibits sending false information about an attempt to kill, injure or intimidate any individual or to unlawfully to damage any building through an instrument of interstate commerce,” the prosecutors wrote.

“The government has filed a motion with the Court seeking to transfer the juvenile to adult status,” the government added. “That motion is pending before the Court and is scheduled for a hearing during the month of May.”




Art

[Vladimir]

Wow I wouldn't sleep on the Flag! Maybe I am just an old-school patriot like that though .

[4EvrLearning]

Your update turned my stomach, Art....That kid AND his mom need a good lesson! How disgusting....