Quick! Look while he's unGitmoed...

A judge who actually realizes what is at stake:

PORTLAND, Ore. (AP) -- Two provisions of the USA Patriot Act are unconstitutional because they allow search warrants to be issued without a showing of probable cause, a federal judge ruled Wednesday.

U.S. District Judge Ann Aiken ruled that the Foreign Intelligence Surveillance Act, as amended by the Patriot Act, "now permits the executive branch of government to conduct surveillance and searches of American citizens without satisfying the probable cause requirements of the Fourth Amendment."

[snip]

The ruling probably won't have any immediate affect on enforcement under the Patriot Act, according to legal experts who predicted the government would quickly appeal.

"But it's an important first step," said Jameel Jaffer, director of the American Civil Liberties Union's national security project.

Jaffer noted that the Patriot Act carries dozens of provisions and that several have been challenged - but that this is one of the first major rulings on Fourth Amendment rights.

"This is as clear a violation of the Fourth Amendment as you'll ever find," Jaffer said.

Garrett Epps, a constitutional law expert at the University of Oregon, said the ruling adds to the poor record that the Bush administration has piled up in defending the Patriot Act.

"It's embarrassing," Epps said. "It represents another judicial repudiation of this administration's terrorist surveillance policies."