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Published: 2009-04-29 18:00:00
Updated: 2009-04-29 18:54:45

Mom says Patriot Act stripped son of due process


Ashton Lundeby
Ashton Lundeby
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Sixteen-year-old Ashton Lundeby's bedroom in his mother's Granville County home is nothing, if not patriotic. Images of American flags are everywhere – on the bed, on the floor, on the wall.

But according to the United States government, the tenth-grade home-schooler is being held on a criminal complaint that he made a bomb threat from his home on the night of Feb. 15.



The family was at a church function that night, his mother, Annette Lundeby, said.

"Undoubtedly, they were given false information, or they would not have had 12 agents in my house with a widow and two children and three cats," Lundeby said.

Around 10 p.m. on March 5, Lundeby said, armed FBI agents along with three local law enforcement officers stormed her home looking for her son. They handcuffed him and presented her with a search warrant.

"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."

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.

Her argument was ignored, she said. Agents seized a computer, a cell phone, gaming console, routers, bank statements and school records, according to federal search warrants.

"There were no bomb-making materials, not even a blasting cap, not even a wire," Lundeby said.

Ashton now sits in a juvenile facility in South Bend, Ind. His mother has had little access to him since his arrest. She has gone to her state representatives as well as attorneys, seeking assistance, but, she said, there is nothing she can do.

Lundeby said the USA Patriot Act stripped her son of his due process rights.

"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."

Passed after the Sept. 11, 2001, terrorist attacks on the U.S., the Patriot Act allows federal agents to investigate suspected cases of terrorism swiftly to better protect the country. In part, it gives the federal government more latitude to search telephone records, e-mails and other records.

"They're saying that 'We feel this individual is a terrorist or an enemy combatant against the United States, and we're going to suspend all of those due process rights because this person is an enemy of the United States," said Dan Boyce, a defense attorney and former U.S. attorney not connected to the Lundeby case.

Critics of the statute say it threatens the most basic of liberties.

"There's nothing a matter of public record," Boyce said "All those normal rights are just suspended in the air."

In a bi-partisan effort, Rep. Jerrold Nadler, D-N.Y., and Rep. Jeff Flake, R-Ariz., last month introduced in the U.S. House of Representatives a bill that would narrow subpoena power in a provision of the Patriot Act, called the National Security Letters, to curb what some consider to be abuse of power by federal law enforcement officers.

Boyce said the Patriot Act was written with good intentions, but he said he believes it has gone too far in some cases. Lundeby's might be one of them, he said.

"It very well could be a case of overreaction, where an agent leaped to certain conclusions or has made certain assumptions about this individual and about how serious the threat really is," Boyce said.

Because a federal judge issued a gag order in the case, the U.S. attorney in Indiana cannot comment on the case, nor can the FBI. The North Carolina Highway Patrol did confirm that officers assisted with the FBI operation at the Lundeby home on March 5.

"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."

Lundeby said she does not think this type of case is what the Patriot Act was intended for. Boyce agrees.

"It was to protect the public, but what we need to do is to make sure there are checks and balances to make sure those new laws are not abused," he said.


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frighten young man of 16 taken from home and out of state from his widow mother and security of his home and community? charged with crime? NO! did authorities find bomb NO? PRANK CALL PERIOD! young man mother say a hacker got on his computer system? his defence? this authorities take and keep them from each other? child they keep from his own mother? talk about extreamist threat to ones rights? a child" this is how our goverment treats children over nothing more than prank call? which he says he did not do? priority! parks taken over by drug gangs and people are told to stay out because they are armed? armed and protecting their dope crops in america live? i think that was georgia? priority? storm troopers invade widow mother and childs home on bomb threat call find nothing? held and taken out of state? by waco national guard veterans you think? priorities extreamist goverment? homeland security borders ports left wide open? priorities? action? hate crimes? extreamist? AMEN.

"THE FBI DOES NOT ARREST A 16-YEAR-OLD, AND KEEP HIM FOR TWO MONTHS, AND INVOKE A GAG ORDER, FOR NO REASON!"

Justify this statement. Facts, please. Please explain what a 16 year old can do to justify this treatment.

"Anyway, for all of you so scared of the Patriot Act, we had to do somethig to nab terrorists quickly without waiting for some liberal judge to sign a warrant. I know this reeks of Fascism, but, it had to be done in this case."

What on Earth on you blabbing about? what do you mean by "this case"?

Ok people here is contact information to get involved in this. This Hagan's contact info: email: http://hagan.senate.gov/contact/contact.cfm

521 Dirksen Senate Office Building Washington, DC 20510

Phone: 202-224-6342 Fax: 202-228-2563 # GREENSBORO OFFICE – STATE HEADQUARTERS

701 Green Valley Rd; Suite 201 Greensboro, NC 27408

Phone: 336-333-5311 Fax: 336-333-5331 # RALEIGH OFFICE

310 New Bern Avenue Raleigh, NC 27601

Phone: 919-856-4630 Fax: 919-856-4053

For Burr: email: http://burr.senate.gov/public/index.cfm?FuseAction=Contact.ContactForm

Washington, DC 217 Russell Senate Office Building Washington, DC 20510 Phone: (202) 224-3154 Fax: (202) 228-2981

Winston-Salem 2000 West First Street Suite 508 Winston-Salem, NC 27104 Phone: (800) 685-8916 Phone: (336) 631-5125 Fax: (336) 725-4493

Governor Perdue: email: http://www.governor.state.nc.us/eTownhall/suggestionBox.aspx Phone: (919)733-4240 Fax: (919)733-2120

No excuses, anyone! Light up these phone/fax and email lines!

WHA

16 year old kids are not terrorists, at least not unless raised in a Madrassa in dunghill country in Pakistan and indoctrinated since birth to be one. Even if there is any truth to the allegations it should be handled by the juvenile justice system. In times of crisis bad decisions are made by lawmakers. The Patriot Act, in certain respects, was a bad decision. Someone should alert as many media people as possible about this case and it should make the rounds of talk radio in order to get the word out. There is absolutely no excuse for violating the constitution. When due process is ignored the rule of law disappears. This is a truth firmly entrenched in western concepts of government since the Magna Carta.

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