Wednesday, June 30, 2004

Boone, NC town council opposes PATRIOT Act

"By adopting a resolution, the town [of Boone] said 'no' to the USA PATRIOT Act.

The USA PATRIOT Act, which is an acronym for 'Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism,' was passed swiftly through Congress in October 2001, 45 days after Sept. 11.

Among other provisions, the legislation grants governmental agencies further authority to investigate, without probable cause or warrants, individuals suspected of domestic terrorism.

Three-hundred and twenty-nine municipalities and four states in the nation have expressed concern about violations of its residents' civil liberties, and to that extent have passed resolutions declaring their disapproval of the act." The Wautaga Democrat contains this article.

Ashcroft calls for tougher Patriot Act

"Attorney General John Ashcroft made his second trip to the Port of Tampa this year to meet with members of the Bay Area Anti-Terrorism Advisory Group, made up of local law-enforcement leaders.

For the last two years, Ashcroft has faced criticism from Democrats and civil libertarians who claim the “Patriot Act” infringes on people’s rights by detaining people without due process." Tampa Bay's 10 News Now reports here.

Monday, June 28, 2004

Detainees, Combatants Can Challenge Detentions; Padilla Dismissed

"In two crucial decisions today on the scope of presidential wartime powers, the Supreme Court rejected the Bush administration's claim that it can hold suspected terrorists or 'enemy combatants' on American soil without giving them a day in court.

The court said detainees, whether American citizens or not, retain their rights, at least to a legal hearing, even if they are held at the U.S. naval base in Guantanamo Bay, Cuba. Guantanamo Bay is under U.S. control and thus appropriately within the jurisdiction of U.S. courts, the high court ruled." The Washington Post has this article.

Also, the Court dismissed the Padilla case over a jurisdiction issue, but ruled that Padilla can bring his case again in South Carolina, where he has been detained for two years. The Washington Post reports here.

Library group gathers Patriot Act data

"The American Library Association said Friday it will survey thousands of libraries to determine how often federal agents have used the USA Patriot Act to try to secretly obtain patrons' records.

The association wants the information in its fight to bring about changes to the controversial law, said Emily Sheketoff, executive director of the group's Washington office.

The act 'jeopardizes library patrons' privacy in a way that has never been done before,' she said at the start of group's annual conference in Orlando." The AP reports here.

Support of first freedoms back to pre-9/11 levels, new survey shows

The First Amendment Center reports: "Americans’ support for their First Amendment freedoms—deeply shaken by the terrorist attacks of Sept. 11, 2001—continues to rebound and is back at pre-9/11 levels, according to the annual State of the First Amendment survey, conducted by the First Amendment Center in collaboration with American Journalism Review magazine.

"The 2004 survey found that just 30 percent of those surveyed agreed with the statement, ‘The First Amendment goes too far in the rights it guarantees,’ with 65 percent disagreeing. The nation was split evenly, 49 percent to 49 percent, on that same question two years ago, in the survey following the ‘9/11’ attacks,” said Gene Policinski, acting director of the First Amendment Center."

Friday, June 25, 2004

Savannah, GA City Council passes Patriot Act resolution

"An impassioned City Council passed a resolution Thursday 'expressing concern' about the USA Patriot Act's 'potential infringement on civil liberties.'

The unanimous vote came after a divided council reached a compromise softening the resolution's language.

Stricken was a paragraph stating provisions of the act, passed by Congress after the Sept. 11 attacks, 'threaten fundamental rights and civil liberties.'" The Savannah Morning News reports here.

Fairfax Supervisors Won't Condemn Patriot Act

Fairfax County, Virginia, will not become the latest jurisdiction in the country to condemn the U.S.A. Patriot Act, the Board of Supervisors decided Monday. The Connection Newspapers reports here.

Raids erode our nation's civil liberties

"Yet again Latino immigrants are being scapegoated.

This time the attacks are taking the form of immigrant raids in greater Los Angeles. The detaining of hundreds of people this month in an apparent shift in Border Patrol policy to arrest undocumented workers in regions far from the border does nothing to address the U.S. policies that lead to immigration. Instead, it criminalizes and terrorizes members of our communities." The L.A. Daily News has this commentary.

Wednesday, June 23, 2004

Lawyer's Terrorism Trial Opens in N.Y.

"A federal prosecutor laced into prominent defense lawyer Lynne Stewart and two co-defendants as their trial opened Tuesday, arguing that they had supported a terrorist conspiracy aimed at kidnapping and killing innocent people.

Stewart and the other defendants are accused of helping Omar Abdel Rahman, the imprisoned blind cleric convicted of terrorism charges in 1995, to send orders to followers in Egypt. In one such message in 2000, Rahman withdrew his support for a cease-fire with the Egyptian government." The Washington Post reports here.

House Bill Would Enforce Patriot Act Secrecy Clause

"Even as the government increasingly comes under fire from civil libertarians for using Patriot Act provisions to seek personal information without probable cause, some lawmakers are working to expand those powers.

In recent months, signs of public outrage have begun to surface over the FBI’s use of National Security Letters (NSLs) to secretly demand information from business and public agencies about their clientele. Under one of the most controversial section of the USA PATRIOT Act, third party record holders who receive NSLs requesting information about their patrons are forbidden from telling anyone about the Letter.

Now some lawmakers in the US House of Representatives are considering a bill that would designate concrete penalties for people who refuse to comply with NSL requests for information or who tell anyone that federal agents requested personal information about their clients." The New Standard has this article.

Librarians stand up against the Patriot Act

"As America gears up for the presidential elections more and more attention is being focussed on the so-called USA Patriot Act, which in the wake of 9/11, gave the intelligence agencies new powers to keep watch on American citizens.

Jacky Griffin is not the sort of person you want to cross.

Large, elegant, with close cropped hair, she speaks with the confidence of youth and enormous intellect.

She has a bulky bag slung across her shoulders, bumping against her as she strides across to meet me.

It is full of books, and if anyone messes with books, they get Jacky's wrath." The BBC reports here.

Tuesday, June 22, 2004

U.S. angry over loss of liberties: official

The pounding that civil liberties have taken in Canada and the United States in the aftermath of the Sept. 11 terrorist attacks is a source of great sorrow and anger to Americans, a top U.S. State Department official said Monday.

However, Karl Hofmann, special assistant to Secretary of State Colin Powell, said he's confident the right balance between security and freedom will eventually be found.

"The search for the perfect balance between civil liberties and security is a delicate one," Hofmann said in an interview. CNews.com contains this article.

Fairfax orders Patriot Act impact study

The Fairfax County Board of Supervisors yesterday ordered every county agency to report how the USA Patriot Act will harm or benefit operations. The Washington Times reports here.

Patriot Act abuses plain

"Reader Peter Alvarez says John Ashcroft 'is probably the most qualified attorney general this country has ever had.'

He said this in a letter to our editor Thursday, and challenged me to provide 'examples of abuses involving the Patriot Act.'

While Ashcroft does not share the Justice Department's case files with me, I still must wonder, Mr. Alvarez, what planet you have been living on." PressTelegram.com has this column.

Monday, June 21, 2004

Guantanamo inmates' importance overstated?

NEW YORK - Bush administration and U.S. military officials have repeatedly exaggerated the intelligence value of detainees at Guantanamo Bay military prison in Cuba as well as the danger they pose, it was reported Monday.

Contrary to the repeated assertions of senior administration officials, none of the detainees at the U.S. naval base in Cuba ranked as leaders or senior operatives of al-Qaida, The New York Times reported, citing interviews with high-level military, intelligence and law-enforcement officials in the United States, Europe and the Middle East. MSNBC reports here.

Lawyer Decries Patriot Act in Afghan Prison-Abuse Case

Patriot Act mission creep continues...now Attorney General John Ashcroft wants to use it to assert jurisdiction in the case of David Passaro, a civilian CIA contract worker who allegedly beat an Afghan detainee to death. Ashcroft said that invoking the Patriot Act was necessary because otherwise Passaro might not be subject to U.S. justice. But David Sheldon, a former Navy lawyer who now defends military personnel in courts-martial, said the Justice Department may be going too far.

"In my view, any time the federal government is expanding its jurisdiction and reach to include conduct that occurs overseas, that is startling," Sheldon said.

The Patriot Act was created to help law enforcement fight terrorism, but in this case the Act is being used to protect foreigners from Americans.

"The attorney general and this administration is, without question, expanding the role of the federal government . . . in an unprecedented way," said Sheldon.

Friday, June 18, 2004

Patriot Act Provision Invoked, Memo Says

The FBI asked the Justice Department last fall to seek permission from a secret federal court to use the most controversial provision of the USA Patriot Act, four weeks after Attorney General John D. Ashcroft said that part of the law had never been used, according to government documents disclosed this week. The Washington Post reports here.

Thursday, June 17, 2004

Liberty Beat: Declarations of Independence

From the 18th century on, the people of this land have resisted government contempt for the rule of the law—starting with King George III. Richard Nixon was forced to resign. There have been local, state, and national rebellions against official racism, and most recently, the breakthroughs of the gay rights movement.

But seldom before has there been so widespread a refusal to trust the national government—cutting across political, religious, ethnic, and other divisions—as the current rising refusal, even during a war on international terrorism, to yield to the Bush administration's subversions of the Constitution in the urgent cause of national security. Nat Hentoff writes this for the Village Voice.

Judge Denies Motion to Dismiss Guantanamo Spy Case

TRAVIS AIR FORCE BASE, Calif. (Reuters) - A U.S. military judge on Wednesday refused to dismiss charges in an espionage case against an accused Syrian-American airman, but said the behavior of prosecutors in the case should be reviewed by a professional standards board.

Military Judge Col. Barbara Brand criticized certain aspects of the government's case against Senior Airman Ahmad Al Halabi, who is accused of carrying prison maps, letters and other documents from the U.S. base in Guantanamo, Cuba. Reuters contains this report.

Wednesday, June 16, 2004

Corzine, other Dems sponsor law to address Patriot Act 'abuses'

NEWARK, N.J. -- U.S. Sen. Jon Corzine and four other Senate Democrats introduced legislation Wednesday designed to correct what they consider the excesses of the USA Patriot Act and similar national security measures.

The legislation would end the special registration program aimed at immigrants from the Middle East, create an independent immigration court and eliminate harsh penalties for some immigration violations. Newsday contains this article.

Raleigh city council's big issue: U.S. Patriot Act

The biggest issue for the Raleigh City Council on Tuesday night was whether or not to condemn the U.S. Patriot Act. The City Council passed a watered-down resolution concerning the Act. News 14 Carolina reports here.

Asking Congress to Support the Civil Liberties Restoration Act

Dear Senators and Representatives,

The undersigned organizations write to express our support for the Civil Liberties Restoration Act (CLRA) of 2004. Our organizations represent a diverse and growing movement in communities nationwide who believe that the United States can meet new security demands while preserving fundamental liberties and American values of fairness and equal treatment for all. Although we differ in our missions and mandates, we come together around these principles to endorse this important legislation. Human Rights Watch has this letter.

Tuesday, June 15, 2004

Nat Hentoff: DOJ and Padilla

After American citizens Jose Padilla and Yaser Hamdi had been imprisoned for nearly two years incommunicado, and without charges, the Supreme Court heard oral arguments in April in their cases. A key question was asked by Justice Ruth Bader Ginsburg of Deputy Solicitor General Paul Clement, arguing for the government: "The person who is locked up, doesn't he have a right to bring before some tribunal ... his own words?" The Washington Times contains this article.

Monday, June 14, 2004

Central Maine town condemns Patriot Act at annual meeting

MOUNT VERNON, Maine — Voters in this small, central Maine town joined other cities in Maine, and more than 150 across the nation, that have passed resolutions condemning the USA Patriot Act.

Saturday´s vote made the community of 1,440 residents the first in Maine to approve a resolution against the Patriot Act at a town meeting. Waterville, Portland and Bangor have passed similar resolutions through their city officials.

The state Legislature also passed a resolution in March urging Congress to ensure that the federal anti-terrorism law doesn´t compromise civil liberties. Alaska, Hawaii and Vermont lawmakers have also passed anti-Patriot Act measures. The AP reports here.

U.S. attorney defends Patriot Act

US Attorney Michael J. Sullivan, a staunch defender of the USA Patriot Act, has stepped up his advocacy of the law, sending information packets praising it to every community in the state and dispatching assistants to Town Meeetings that are debating resolutions condemning it.

The mailing, which includes a four-page letter, a newspaper editorial defending the law, and other background material, has infuriated civil libertarians who believe the Patriot Act infringes on personal liberties in the name of fighting terrorism. The Boston Globe contains this article.

Bush's secret justice hauled into the dock

Its rulings have defined some of the most momentous events in US history, from school desegregation to abortion rights. Now the Supreme Court is to examine conditions at the controversial Guantánamo Bay prison camp and question some of the fundamental principles of George Bush's 'war on terror'.

In the next fortnight observers believe the court will deal a massive blow to an administration already reeling from the Iraqi prisoner abuse scandal at Abu Ghraib prison, and which has endured international outcry over the sprawling Guantánamo Bay prison, whose 700 inmates are held without charge or access to lawyers. The Observer reports here.

Friday, June 11, 2004

Paterson, NJ Passes Anti-Patriot Act Resolution

PATERSON, N.J. -- This city has become the ninth New Jersey municipality to go on record opposing the USA Patriot Act or provisions of the anti-terrorism law, saying it unacceptably compromises civil liberties.

The City Council approved the resolution at Wednesday night's meeting. Newsday contains this article.

Sami Al-Hussayen not guilty of aiding terrorist groups

After seven days of deliberations, jurors found the University of Idaho graduate student not guilty of the three terrorism-related charges against him and two of the 11 visa and immigration fraud charges, which negated another charge. Jurors deadlocked on the remaining charges, prompting U.S. District Judge Edward Lodge to declare a mistrial on those charges.

Al-Hussayen remains in jail under a deportation order issued in 2003. Federal prosecutors now must decide whether to retry Al-Hussayen on the remaining visa charges or drop the case and allow immigration officials to deport him to his native Saudi Arabia. U.S. Attorney for Idaho Tom Moss said Thursday he was unsure how prosecutors will proceed. The Idaho Statesman reports here.

Judge Reverses Anti-Terror Law Decision

DENVER-A federal judge has reversed his earlier decision declaring part of an anti-terrorism law unconstitutional, meaning the government can prosecute a man accused of illegally sending hundreds of thousands of dollars to the United Arab Emirates.

A scheduling conference was scheduled for next week in the case of Ismael Issa Barre, who is charged with operating a money-transfer business without a state license, a felony under the Patriot Act. The Washington Post contains this article.

Thursday, June 10, 2004

California’s Ex-Republican Senate Candidate Judge Jim Gray Uses the Patriot Act as a Campaign Issue

Believe it or not, the USA Patriot Act could be the best thing that ever happened to the Libertarian Party.

In opposing the controversial anti-terror legislation, Libertarians have stumbled upon the political high ground ( a return to the principles of less government, fewer taxes, and less infringements upon the Bill of Rights) and found an issue that could get more of them elected. Such is the case with California’s Judge Jim Gray, a lifelong Republican who split with the GOP after Congress passed the USA Patriot Act. Says Gray in a recent interview with LA CityBeat, “I was a lifelong Republican until a little less than two years ago, when I could no longer be a part of any group that would give force or credence to the Patriot Act. The Patriot Act is a direct frontal assault on our civil liberties. It does not make us more secure, but circumvents the entire judicial review process so that the federal police can snoop into so many private areas of our lives. And they can use whatever they find for any type of prosecution whatsoever – terrorism or anything else.”

Now Gray is running as a Libertarian senatorial candidate hoping to beat Republican pick Bill Jones and replace Democrat Senator Barbara Boxer.

Scientists Say Padilla Dirty Bomb Would Be a Dud

The "dirty bomb" allegedly planned by terror suspect Jose Padilla would have been a dud, not the radiological threat portrayed last week by federal authorities, scientists say. The AP reports here.

Bush Admin. Expects to Lose Padilla/Guantanamo Cases in Supreme Court

The Justice Department's sudden release of information about alleged 'dirty bomber' Jose Padilla may have a been a sign...according to Newsweek's hawk-eyed Terror Watch reporters Michael Isikoff and Mark Hosenball, the Justice Department fears a "crushing defeat before the U.S. Supreme Court" as they try to justify Padilla's detention. In addition, Justice Department lawyers believe they stand a good chance of loosing two other cases before the U.S. Supreme Court: one involving the detention of another “enemy combatant,” Yasir Hamden, and another involving the treatment of Al Qaeda and Taliban prisoners at Guantanamo Bay, Cuba.

As Isikoff and Hosenball report, "Lawyers within the Justice Department are now bracing for defeat in both the enemy-combatant and Guantanamo cases, both of which are expected to be decided before the Supreme Court ends its term at the end of the month, according to one conservative and politically well-connected lawyer. “They are 99 percent certain they are going to lose,” said the lawyer, who asked not to be identified. “It’s a very sobering realization.”"

What An ACLU Suit Challenging An Important Section of the USA Patriot Act Tells Us About Surveillance and Secrecy

Findlaw columnist Elaine Cassel examines an ACLU lawsuit that challenges the notorious Section 215 of the USA Patriot Act, which allows the FBI to access your personal financial, medical and business records, along with emails and logs of computer use.

The Plaintiff in the lawsuit is a "John Doe" Internet Service Provider(ISP)challenging Section 215's power to grant the government power to obtain subscriber information, billing records, and "electronic communication transactional records" from electronic communications providers.

Writes Cassel, "Ashcroft promises, of course, that he is targeting "terrorists," not "innocent" people. But if the USA Patriot Act were really to be used only for this purpose, why isn't that limitation built into the law itself? Without such limitations, abuse is inevitable."


Tuesday, June 08, 2004

Artist Falls Afoul of Patriot Act

In the latest example of Patriot Act "mission creep", the New York Times reports that Stephen Kurtz, an art professor at the University of Buffalo whose art involves the use of biology equipment had his home sealed off by FBI agents after paramedics
responding to a 911 call he'd made to report that his wife was unconscious (she later died in the hospital of "heart failure", authorties said)noticed the lab equipment and reported it to the police.

Read the Christian Science Monitor web log of the story here.

Kurtz was not allowed to return to his home for two days while FBI agents confiscated his equipment, biological samples, books, personal papers and computer. Now three other artists have been supoenaed to appear before a federal grand jury which will decide whether or not to charge Kurtz with with "possession of biological agents."

Kurtz founded the Critical Art Ensemble, an artists' collective that produces artwork to educate the public about the politics of biotechnology. The group has used "harmless" transgenic [genetically modified] forms of the E.coli bacteria [some strains of E.coli can be deadly] in past exhibits. A member of the collective, Beatriz da Costa, an art professor at the University of California, Irvine, said the FBI served her a subpoena last week to appear at the grand jury hearing.

A defense fund has been set up for Kurtz and other artists.

Thursday, June 03, 2004

The Justice Department's triumphant victory over the Constitution

With a triumphant chorus of "We-told-you-so"s, the Justice Department unveiled yesterday a seven-page document summarizing all the accumulated evil that lurks in the heart of alleged enemy combatant Jose Padilla. Why release all this information now? The folks at Justice say they were just responding to a request from Sen. Orrin Hatch. As though Hatch's was the first and only demand for some tangible piece of evidence against Padilla. Slate contains this article.

Padilla case presents dilemma of law vs. security

To hear Deputy Attorney General James Comey tell it, the Bush administration is in a bind over what to do with Jose Padilla, a former Chicago gang member who allegedly plotted with al-Qaeda to blow up high-rise apartment buildings in the USA.

It can't charge him in civilian courts, Comey said Tuesday. He said a judge probably would throw out Padilla's confession to U.S. interrogators because Padilla, 33, was denied access to a lawyer.

The administration can't set him free, Comey said, because Padilla has admitted plotting with some of al-Qaeda's top leaders to kill hundreds of Americans. Padilla's Plan B was to set off a radioactive device known as a ''dirty bomb'' in Washington, Comey said.

''We could care less about a criminal case when right before us is the need to protect American citizens and to save lives,'' he said. ''We'll figure out down the road what we do with Jose Padilla.'' USA Today contains this article.

Wednesday, June 02, 2004

Freed lawyer warned of attacks on civil liberties

Brandon Mayfield, the Oregon lawyer wrongfully imprisoned this month in connection with terrorist bombings in Spain, said his ordeal underscored a warning he has sounded since his days as a law student at Washburn University. At Washburn in 1996 and 1997, Mayfield said, an interest in constitutional law spurred him to write a paper cautioning against attacks on personal rights and privileges. He titled the paper Liberty"--what Mayfield lost after the FBI linked him to the March 11 bombings and held him as a material witness for two weeks. The AP reports here.

Tuesday, June 01, 2004

In KC, Cheney defends Patriot Act

Vice President Dick Cheney on Tuesday defended the government's use of the USA Patriot Act to fight terrorism and accused presumptive Democratic presidential nominee John Kerry of calling for the repeal of parts of the wide-ranging law. The St. Louis-Post Dispatch reports here.

Patriot Act Overview

"The USA Patriot Act has become the lightning rod for controversy in a post-Sept. 11 world in which the country struggles to find the proper balance between national security and individual liberty.

Supporters contend the Patriot Act is responsible for preventing further catastrophes. Sen. Mitch McConnell, R-Ky., said in Congress in April 2004 that 'the biggest hero to emerge from the hearings before the 9-11 Commission has been the Patriot Act.'

Detractors counter that the Patriot Act represents a loss of individual liberty and a naked grasp for power by the executive branch of government, particularly over the judicial branch. Robert Levy, senior fellow in constitutional studies at the Cato Institute, has written that the Patriot Act 'represents the looming sacrifice of civil liberties at the altar of national security.'" The First Amendment Center has this overview.

Nat Hentoff: Patriot Act Besieged

In March, at the Washington University School of Law in St. Louis, I debated Chuck Rosenberg, chief of staff to James Comey, John Ashcroft's second-in-command at the Justice Department. A former counsel to FBI director Robert Mueller, Rosenberg, a former prosecutor, has specialized in counterintelligence and counterterrorism.

The next day, the headline in the St. Louis Post-Dispatch story on the debate (March 22) was "Ashcroft Staffer Admits Patriot Act Is Unpopular." And Chuck Rosenberg was quoted in the story: "We're losing this fight."

The reporter, Doug Moore, told me Rosenberg had made that admission during the intermission in our debate. It wasn't my eloquence that deflated Rosenberg, but rather my focus that afternoon on the insistent resistance to the Patriot Act around the country—and in Congress. Read more...

Privacy and The Matrix

Barry Steinhardt, the director of the American Civil Liberties Union's Program on Technology and Liberty, discusses the new "Matrix" system that allows the governement to search through millions of personal records in a matter of minutes with washingtonpost.com reporter David McGuire.

Barry Steinhardt: The exchange of data between the public and private sectors is very troubling. First, it raises questions of conflict of interest among the group of private corporations that are selling private personal data and the technology to mine it to the government. Are they "patriots" or effectively war on terrorism profiteers. Second, it has given the government an ability to use private data, like credit information, that it could not require Americans to provide it with. Imagine a police station, where there were paper files on every resident of a town that contained intimate private and governmental data. That is essentially what MATRIX does. Lastly, there are essentially no controls on how the private companies can use the product of this merger of governmental and private data.

Ashcroft's job: Scare people into voting for Bush

MSNBC political analyst Bill Press takes the air out of AG Ashcroft's latest terror warning: "Enter John Ashcroft – Mr. Doom and Gloom, himself – with another of his now-familiar warnings about terrorists about to strike the United States. According to Ashcroft, seven members of al-Qaida are at loose somewhere inside the country. They intend to "hit the United States hard." Their plans are 70 to 90 percent complete. Their targets are this summer's big events: Georgia's G-8 summit next month; Boston's Democratic Convention in July; and New York's Republican Convention in August.

Are you scared yet?"