Friday, December 31, 2004
Justice Expands 'Torture' Definition
The Washington Post reports: "The Justice Department published a revised and expansive definition late yesterday of acts that constitute torture under domestic and international law, overtly repudiating one of the most criticized policy memorandums drafted during President Bush's first term."
Thursday, December 30, 2004
BuzzFlash interview: Nat Hentoff
"The problem with Bush is I don't think he's ever had much interest or education in the Constitution, let alone the first ten Amendments, the Bill of Rights. Since he has people around him who either don't know either, or don't care to know, well, that's the problem. ...unless the resistance succeeds in telling people what's going on, and gets Congress and the courts to exercise the separation of powers...we can have a generation of kids growing up into adults who will think that these kinds of restrictions are the normal course of events. And that will be very dangerous." Nat Hentoff is interviewed here.
Wednesday, December 29, 2004
'Perilous Times': When freedom is tested
Tony Mauro writes: "The president is a 'power-mad despot' and 'an enemy of the rights of man.' President John Adams, that is. And Thomas Cooper, the Pennsylvania newspaper editor who leveled those accusations in the late 1790s, was sent to jail for six months. Today, the First Amendment's protection of freedom of speech is admired worldwide as the engine of a democratic society and of vigorous, skeptical debate. But it has not always played that role — especially, as author Geoffrey Stone documents, when war looms."
Tuesday, December 28, 2004
Congressman, Professor Join In Opposition To Patriot Act
The AP reports: "BOISE - Republican US Representative Butch Otter and a progressive University of Idaho law professor have co-written a law article critical of the Patriot Act. Otter's co-author is professor Elizabeth Brandt. She's a longtime American Civil Liberties Union activist who served on the organization's national board for a decade. While the two may disagree on other points, they're on the same side when it comes to keeping the government out of people's private lives."
Anti-terror rules hit many
"SAN JOSE, Calif. -- It may surprise some people to learn that one of the linchpins in this nation's war on terrorism is the Bin & Barrel Mini Mart. Manager Sonia Cheema certainly was when her dad bought the store in Fremont, Calif., in October. Under federal rules still being fine-tuned, she discovered, the Bin & Barrel -- like thousands of other businesses -- must have a written plan for foiling money-laundering terrorists. It also must have a "compliance officer" to ensure the plan is heeded, train its employees to spot shady transactions and regularly audit its own performance." Knight Ridder has this article.
Thursday, December 23, 2004
Our civil liberties make nation’s defense worthwhile
"I want to suggest, however, even at the risk of contradicting Jefferson, that the argument in favor of sacrificing law for expediency, no matter how urgent, is flawed. Here are seven reasons: Our history suggests that law was meant to apply even during the most difficult times. Remember, the Bill of Rights was adopted in 1789, just five years after the Treaty of Paris ended the Revolutionary War. The Articles of Confederation had proved a dismal failure. The union appeared to be falling apart from within, while being constantly menaced by threats from abroad." The Fort Wayne Journal Gazette has this article.
All the President's Lawyers
"In a sense, President Bush is the quintessential rich divorce client. It's not just that he's wealthy; it's that he's accustomed to having cadres of lawyers flitting to and fro, waving their sparkly lawyer's wands and making his every dream come true. And this is why soon-to-be Attorney General Alberto Gonzales really is any president's dream come true. His prevailing legal principle appears to be to deliver whatever the client wants, whenever the client wants it. And one of the questions we need to contemplate is whether that's the kind of lawyer we want for the next attorney general." Slate.com has this article.
Monday, December 20, 2004
Is There Censorship?
"Today, most defenders of the written word are focusing their energies on opposing certain sections of the USA Patriot Act, chief among them Section 215, which states that federal investigators can review library and bookstore records under certain circumstances in terrorism investigations. Larry Siems, the director of international programs at the PEN American Center, strikes an oft-heard chorus when he denounces 'the growing use of government surveillance and government intrusion into your creative space.' This, in turn, feeds a concern 'that the government is able to see more deeply into our intellectual lives,' Siems says." The New York Times has this essay.
University warns students of Patriot Act disclosures
"In an unusual disclosure, the University of Wisconsin-Whitewater's student health center is telling patients that, because of the USA Patriot Act, if government officials ask for their medical records, they'll get to see them, and the patients will never know." The Milwaukee Journal Sentinel reports here.
"Patriot Act II"
News Hounds writes: "I don't usually care for FOX analysts but I have to tip my figurative hat to Judge Andrew Napolitano for speaking out against what he calls Patriot Act II which was sneaked into the intelligence bill just signed by Bush."
Grateful Dead's former lyricist finds tough fight against searches
"John Perry Barlow, former Grateful Dead lyricist and current cyber-rights activist, had hoped to use his arrest on drug charges to shed light on how the Transportation Security Administration conducts its baggage searches. While most defendants caught by airport security with small amounts of contraband typically plead guilty to misdemeanor charges, Barlow decided to fight." The Contra Costa Times has this account.
Saturday, December 18, 2004
Law Lets Passengers Appeal No-Fly List
The Washington Post reports: "Passengers will have a way to appeal if their name turns up on the government's no-fly list, under provisions of the intelligence bill signed into law yesterday. The law requires the Transportation Security Administration to create a system for travelers to correct inaccurate information that has landed them on the no-fly list. It also directs the Department of Homeland Security to create a Privacy and Civil Liberties Oversight Board to ensure that anti-terrorist government actions do not infringe on people's rights."
In U.S., 44 Percent Say Restrict Muslims
"Nearly half of all Americans believe the U.S. government should restrict the civil liberties of Muslim Americans, according to a nationwide poll. The survey conducted by Cornell University also found that Republicans and people who described themselves as highly religious were more apt to support curtailing Muslims' civil liberties than Democrats or people who are less religious." The AP reports here.
A.C.L.U.'s Search for Data on Donors Stirs Privacy Fears
The New York Times reports: "The American Civil Liberties Union is using sophisticated technology to collect a wide variety of information about its members and donors in a fund-raising effort that has ignited a bitter debate over its leaders' commitment to privacy rights. Some board members say the extensive data collection makes a mockery of the organization's frequent criticism of banks, corporations and government agencies for their practice of accumulating data on people for marketing and other purposes."
Friday, December 17, 2004
Ex-military lawyers will oppose Gonzales
"Several former high-ranking military lawyers say they are discussing ways to oppose President Bush's nomination of Alberto Gonzales to be attorney general, asserting that Gonzales' supervision of legal memorandums that appeared to sanction harsh treatment of detainees, even torture, showed unsound legal judgment." The New York Times reports here.
National Intelligence Reform Act Erodes Civil Liberties
"Instead of fixing the tacit open border immigration policy now in effect in the US, the new National Intelligence Reform Act (NIRA) ignored the threat that invasion of these unknown illegal aliens flooding in at thousands daily. However, according to the Washington Post story of Friday, 12/10/04, NIRA 'includes a series of little-noticed measures that would broaden the government's power to conduct terrorism investigations, including provisions to loosen standards for FBI surveillance warrants and allow the Justice Department to more easily detain suspects without bail.'" The Washington Dispatch has this commentary.
Thursday, December 16, 2004
Cloud Over the Constitution
Nat Hentoff writes: "In a scathing lead editorial (November 22), 'Mr. Gonzales' Record,' The Washington Post challenged the Senate Judiciary Committee, which will soon hold a confirmation hearing on the president's appointment of Alberto Gonzales to be this nation's chief law enforcement officer, the daily protector of the Constitution: 'Above all, Mr. Gonzales should answer this question [before the Senate Judiciary Committee]: Why is a lawyer whose opinions have produced such disastrous results for his government—in their practical application, in their effect on U.S. international standing and in their repeated reversal by U.S. courts—qualified to serve as attorney general?'"
Wednesday, December 15, 2004
Gonzales hearings could become ugly
The Washington Times reports: "Attorney General-designate Alberto Gonzales' confirmation, which seemed assured in November, has evolved into a potential brawl, with a host of liberal groups trying to turn pending hearings into a referendum on suspected abuses of U.S. military detainees. President Bush nominated Mr. Gonzales, White House counsel, on Nov. 10 to succeed Attorney General John Ashcroft, saying his 'sharp intellect and sound judgment' had helped shape the nation's war on terror 'to protect the security of all Americans, while protecting the rights of all Americans.'"
Tuesday, December 14, 2004
Multnomah opposes Patriot Act
"PORTLAND - Multnomah County commissioners have voted to support a resolution urging lawmakers to fight reauthorization of the USA Patriot Act. The vote was 4-1 in favor of the resolution. Passage of the resolution adds Multnomah County to the list of more than 360 jurisdictions nationwide, including Portland and Eugene, that have weighed in on the federal law. The Patriot Act, signed into law within weeks of the carnage of Sept. 11, 2001, grants broad powers to local and federal law enforcement officers to fight potential terrorism." The AP reports here.
VIEWPOINT : Patriot Act jeopardizes our freedom
"As the events of Sept. 11 unfolded, I shared disbelief with other television viewers. An attack by foreign invaders just couldn't be happening in this country. Even in the comparative safety of North Dakota, I was afraid. Gradually, I put things into perspective. We needed to take effective steps against terrorist attacks. But we couldn't let tragedy defeat us. We had to resume our lives. Many important social and economic issues needed to be addressed before the next presidential election." The Grand Forks Herald has this op-ed.
Monday, December 13, 2004
West Windsor council takes aim at PATRIOT Act
The Princeton Packet reports: "While most of the packed crowd at the Township Council meeting Monday night was enthusiastically in favor of the township passing a resolution opposing the law Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism — better known as the USA PATRIOT Act — a few township residents indicated their support for the federal legislation. Despite the attempts by the handful of those in opposition, the Township Council voted 3-0 to pass a resolution that said Congress should hold 'full and fair hearings regarding the PATRIOT Act, its provisions and its enforcement and amend the act as necessary to eliminate any chilling effect on constitutional liberties and to implement effective programs targeted at actual or potential threats without compromising the values that are fundamental to America.'"
Friday, December 10, 2004
Measure Expands Police Powers
"The intelligence package that Congress approved this week includes a series of little-noticed measures that would broaden the government's power to conduct terrorism investigations, including provisions to loosen standards for FBI surveillance warrants and allow the Justice Department to more easily detain suspects without bail. Other law-enforcement-related measures in the bill -- expected to be signed by President Bush next week -- include an expansion of the criteria that constitute 'material support' to terrorist groups and the ability to share U.S. grand jury information with foreign governments in urgent terrorism cases." The Washington Post has this article.
Groups question Gonzales' role
"Nine U.S.-based human rights organizations yesterday asked the chairman and ranking member of the Senate Judiciary Committee to 'explore in detail' the role Attorney General-designate Alberto Gonzales played in White House decisions concerning the detention and interrogation of prisoners by the U.S. military." The Washington Times reports here.
ACLU Files Lawsuit on Behalf of Protesters Arrested at Bush Rally in Pennsylvania
"The American Civil Liberties Union of Pennsylvania filed a federal lawsuit today on behalf of five men who were arrested after they stripped down to thong underwear and formed a human pyramid in anticipation of President Bush’s motorcade procession through Lancaster County. The men attempted to re-create the infamous image that emerged from the Abu Ghraib prison scandal in Iraq." ACLU.com has this press release.
American Muslims Hopeful in the Post-Ashcroft Era
"The last few years have been a difficult period for the American Muslims. The twin dawns of post-Ashcroft and post-Arafat eras bring more hope for us; as does the report by the Defense Science Board of Pentagon that echoes the stand of the American Muslim leadership. The Pentagon report describes US public diplomacy as being in crisis and urges the creation of a strategic communications apparatus within the White House. It says that improving public relations is not enough. 'Muslims do not hate our freedom, but rather they hate our policies,' it concludes. The Board recommended that Washington make some immediate changes to its attitude toward Muslims." Al-Jazeerah has this article.
Patriot Act critique fails
The Bridgeport News reports: "A City Council resolution denouncing parts of the USA Patriot Act was defeated in dramatic fashion Monday, when Mayor John M. Fabrizi broke a tie vote to oppose the measure. The resolution earlier had failed on an 11 to 9 vote, but then East End council member Henry L. Webb switched his position, and the mayor had to break the stalemate."
Wednesday, December 08, 2004
ACLU sues to scrap Prop. 69 and its DNA databank
The San Francisco Chronicle reports: "The American Civil Liberties Union is asking a federal judge to overturn voter-approved Proposition 69, which greatly expands the number of people whose DNA is included in law enforcement databases."
Tuesday, December 07, 2004
City approves resolution against USA Patriot Act
The Helena News reports: "Helena city commissioners went on record Monday night, narrowly passing a resolution critical of the USA Patriot Act. The 3-2 vote 'protecting the civil liberties of the citizens' sends what Mayor Jim Smith said is a message that Helenans have 'deep concerns and unrest' over the act."
Accord Reached on Overhauling U.S. Intelligence
"The bill would also create a National Counterterrorism Center to coordinate terrorism intelligence from throughout the government, as well as establish an independent civil liberties board to review the government's privacy policies. Prominent civil liberties advocates have opposed the overall bill, saying that it grants law enforcement agencies broad new surveillance and anti-immigration powers that endanger constitutional protections." The New York Times reports here.
Monday, December 06, 2004
Patriot Act II: Pro-safety, or anti-freedom?
"Patriot Act II – is it a prudent step to stem terrorist activity in the U.S. and protect the homeland, or a Draconian measure designed to strip the last vestiges of freedom from the American landscape? Such is the question increasingly on the minds of Internet users, many of whom come down squarely on the side of legal experts who warn of the legislation's danger. Though an actual bill to further expand federal law-enforcement powers has not been introduced, activists for months have communicated online about what they see as potential Nazi-like developments." WorldNetDaily.com has this article.
Cops say controversial Patriot Act has minimal local effect
"More three years after its passage, local law enforcement officials say the Patriot Act has had little or no effect on the way they conduct their investigations. The Patriot Act was passed in Oct. 26, 2001, just weeks after the attacks of Sept. 11, 2001. The legislation granted sweeping authority to law enforcement officials and loosened rules on wiretapping, search warrants and the seizure of suspected individuals. Since its passage, the act has come under fire from some civil libertarians and citizens alike. 'I don't see that it affects us that much at all,' said Capt. Jim Dowling of the Stevens Point Police Department. Dowling said not one instance of the act had been used in Stevens Point, but said the potential for its use remains. His message, however, was simple: 'I really don't know how much that would be used in an agency like ours.'" The Stevens Point Journal reports here.
Canine searches: Safety or intrusion?
"If the School Committee decides to support canine searches for drugs at the high school it appears to be on solid legal ground. That may not come as good news to a group of energized residents expected to be in attendance at tomorrow night's public hearing on the committee's proposed 'Alcohol and Drug Free Schools' policy. Many argue the searches violate American civil liberties, and undermine the trust between school administrators and students." The Lowell Sun has this article.
Friday, December 03, 2004
Secrecy undermines democracy
"More than 40 men have been secretly arrested, indicted and jailed since 9/11 in the United States. The federal government won't confirm this, but a reporter, studying a federal court docket, noticed that the sequential docket numbers had gaps in sequence. When the reporter did a computer search using the missing docket numbers, he found references to the names of several men being held in custody by the feds. Federal authorities won't confirm anything -- names, charges, locations -- about the men." The MetroWest Daily News has this letter from the editor.
Car Czar: Car data recorders threaten privacy
"I am not a paranoid guy. Really, I'm not. But what is happening under the front seat of my late-model sport-utility vehicle has me questioning whether or not I live in a country where the protection of civil liberties is still guaranteed by the Constitution. What I have is called on-board data collection. And if you own a newer car, truck or SUV, chances are that your vehicle is spying on you." The Sacramento Bee has this article.
Coalition Seeks FBI's Files on Protest Groups
The Washington Post reports: "The American Civil Liberties Union joined with dozens of activist groups yesterday in demanding information about federal counterterrorism surveillance efforts, alleging that the FBI and local police departments have targeted peaceful protest groups and law-abiding citizens for scrutiny based on their political beliefs. In Freedom of Information Act requests filed in the District and 10 states, the ACLU and its affiliates are seeking FBI files about groups and individuals allegedly under surveillance. They are also asking for details about the operations of Joint Terrorism Task Forces, which include federal and local law enforcement officers and which coordinate counterterrorism probes regionally."
Thursday, December 02, 2004
Bridgeport debates a resolution affirming the civil rights of its citizens
"'They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.' So reads a proposed Bridgeport City Council resolution criticizing the USA PATRIOT Act. But are the words of Benjamin Franklin still relevant in this post-9/11 America? 'Absolutely,' contends Bridgeport City Councilmember Keith Rodgerson, who has organized a public debate on the resolution at 6 p.m., Dec. 6, at Bridgeport City Hall. In June, Rodgerson submitted resolution 192-03 to the Bridgeport City Council. It will finally come to a full vote on Dec. 6. 'This is really the first time that the council needs to take a look at an issue that is bigger than the city,' emphasized Rodgerson." The Fairfield County Weekly has this article.
USA Patriot Act II would make news gathering a crime
"Think the first Patriot Act was a civil rights and personal privacy tragedy? Just wait until you see Patriot Act II. Section 102 of the police state bill would make it a crime to engage in any information gathering, meaning that people who gather news headlines on the Internet would suddenly be deemed criminals and terrorists. Essentially, the law would destroy any last illusions of freedom in the United States. It would turn the USA into a communist-style police state, where no person is truly free." The Free Internet Press has this post.
Wednesday, December 01, 2004
Worse Than Ashcroft
Nat Hentoff writes: "I do not approve of filibustering presidential nominees, no matter who is president, because the Constitution, along with the Federalist Papers, makes clear that the whole Senate is to give advice and consent to these presidential nominees. But if I were a senator, I would be sorely tempted to filibuster Alberto Gonzales. The Democrats, still shell-shocked by their second loss to Bush, and by the size of the Hispanic vote for the president, are not likely to filibuster Gonzales. But since Gonzales will be more dangerous to our liberties than Ashcroft, I will begin here to show how low the standards have become for the chief law enforcement officer of the nation. Maybe at least the American Bar Association and the Association of the Bar of the City of New York will stand up against Gonzales."
