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Mayfield's Lawsuit Progresses

by TChris

The arrest of Brandon Mayfield (TalkLeft background collected here) may be the clearest example of the administration's misuse of the material witness law. Lacking sufficient evidence to arrest Mayfield for a crime (the FBI had only a fingerprint and chose to believe it belonged to Mayfield, a conclusion that Spanish authorities and the FBI's fingerprint-matching program disputed), the government instead arrested him pursuant to a material witness warrant.

Mayfield is striking back. His legal team will appear today for pretrial proceedings in his civil suit.

Mayfield's legal team -- led by celebrity lawyer Gerry Spence, who successfully defended former Philippines first lady Imelda Marcos on racketeering charges in 1990 -- contends there is evidence to show the FBI was not on firm footing when they made their arrest.

Mayfield's lawsuit raises critical issues.

A convert to Islam, Mayfield argues he was singled out because of his faith. He also charges that key sections of the Patriot Act, which he says were used to install wiretaps and conduct secret searches of his home, are unconstitutional.

"Because the Patriot Act is up for renewal, Mr. Mayfield's case is important because it shows how the government can secretly avoid the civil rights and civil liberties of Americans -- and leave no one secure from secret government spying and investigations," said Elden Rosenthal, one of Mayfield's lawyers.

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    Re: Mayfield's Lawsuit Progresses (none / 0) (#2)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:01:15 PM EST
    I don't yet have anything cobbled together from my voluminous and typo-ridden notes from the courtroom today, but here's a tiny bit of, well, flavor. For lack of a beter term for it.

    Re: Mayfield's Lawsuit Progresses (none / 0) (#3)
    by Ernesto Del Mundo on Sat Dec 17, 2005 at 01:01:15 PM EST
    "The most important thing I could do with my life right now," Spence said to the court, "is to find out if the Constitution of the United States is going to go flopping down like a piece of garbage from this courtroom."
    Yes and to be more specific..."like used toilet paper from Bush's Justice Department."

    Re: Mayfield's Lawsuit Progresses (none / 0) (#1)
    by Kitt on Sat Dec 17, 2005 at 01:01:16 PM EST
    Good for him.