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*HOMELAND INSECURITY

*Teen homeschooler jailed under Patriot Act

FBI holds 10th-grader for months with little contact from family

Posted: May 04, 2009
8:31 pm Eastern
© 2009 WorldNetDaily
Ashton Lundeby

A 16-year-old homeschooled boy from North Carolina was taken away from his
home in handcuffs two months ago and has been held by the FBI in Indiana
ever since, a victim, his mother claims, of the Patriot Act spun out of
control.

According to Annette Lundeby of Oxford, N.C., armed FBI agents and local
police stormed her home around 10 p.m. on March 5, looking for her son,
Ashton. The officers presented a federal search warrant and seized the
tenth-grader's computer

<http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=97099#>,
cell phone and bank statements.

Ashton was then taken to a juvenile facility in South Bend, Ind., charged
with making a bomb threat in Indiana from his home
computer

<http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=97099#>.


His mother, however, told Raleigh's WRAL-TV that she argued with the
authorities, claiming someone must have hacked into her son's IP
address

<http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=97099#>and
used it to make crank calls. The agents' search, she claims, also
failed to uncover any trace of bomb-making materials.

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

Allowed little access to see her son over the last two months, facing a
court date that keeps being pushed back and given no information by FBI
agents sitting behind a gag order on the case, Lundeby now says the USA
Patriot Act has unjustly imprisoned an innocent boy and stripped her son of
due process.

"We have no rights under the Patriot Act to even defend them, because the
Patriot Act basically supersedes the Constitution," she told WRAL-TV. "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 World Trade
Center, the USA Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism - or P.A.T.R.I.O.T. - Act
armed law enforcement with new tools to detect and prevent terrorism. Among
other measures, it better enables interagency cooperation and allows law
enforcement a wider array of technological and surveillance tools to more
quickly and stealthily investigate terrorist threats.

Dan Boyse, a former U.S
attorney

<http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=97099#>not
connected to the case, explained to WRAL-TV how Ashton Lundeby could
have been swept up by the Patriot Act.

"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,'"
Boyce told the station.

Boyce theorized that if an FBI agent came to the conclusion that Lundeby was
a serious terrorist threat, the usual rules of law enforcement don't apply.

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

Ashton's mother told the television station, "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. This is the United States, and I feel like I live
in a third world country now."

*The WRAL-TV news report, including Annette Lundeby's comments, can be seen
below:*
\****video****



According to the WRAL-TV report, because a federal judge has issued a gag
order in the case, the U.S. attorney in Indiana cannot comment on Lundeby,
nor can the FBI.

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