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June
9, 2003
Alex
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Male Rape in US Prisons
Elaine
Cassel
Ashcroft is Coming!
Steve Perry
How to Beat Bush, part 1
June
7 / 8, 2003
Alexander
Cockburn
The Terrible Truth
Jeffrey
St. Clair
Going Critical: Bush's War on Endangered Species
Joanne
Mariner
Ashcrofts Sides with Torturers
Steven
Sherman
A Different Theory of Everything
Ron Jacobs
Sports, Politics and the 60s
M.
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Amelia
Peltz
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Shelton
Hull
Another Powell, Another Capitulation
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Tripp
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Sen. Robert
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June
6, 2003
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Ramzy
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His Own Little Country
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June
5, 2003
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Imraan
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Michael
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Jensen
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Dean
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June
4, 2003
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Hammond
Guthrie
Stepping into Some Deep DARPA
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The WashTimes'
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June
2, 2003
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Roy
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& Albert
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CounterPunch
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June
9, 2003
Ashcroft is Coming!
Ashcroft is Coming!
One
Way or Another He's Gonna Getcha
By ELAINE CASSEL
FBI Director Robert Mueller recently agreed with
President Bush's assessment that "we" had Al Qaeda
on the run." Of course Osama and Saddam are out there somewhere,
but whatever Al Qaeda is (see Steve Perry's post that queries
whether there really is an Al Qaeda), we have routed them.
So Michael Chertoff, chief of the criminal division and head
of the antiterrorism prosecutions to date, is out of Justice
and off to be a federal judge on the 3rd Circuit Court of Appeals
(read my warning about him). And Assistant Attorney General
Viet Dinh, who wrote the Patriot Act (and no doubt had a lot
to do with Patriot II), is leaving boss John to teach constitutional
law at Georgetown University Law School (the Dean must have a
sense of humor, irony, or both).
And John is getting plea bargains left
and right--though not to the charges prosecuted--and claiming,
along with Bush, victory in the war on terror. Though he does,
mind you, need a few more "tool" in his little black
bag to finish up the task (and there is a stray right or two
left in the Bill of Rights that he has not fully dispatched).
Nonetheless, things are getting a little
boring around the Justice Department, what with the nude statues
draped and all, and some of John's best buddies gone.
So, this week, John brought together
some of his favorite prosecutors from around the country and
hauled out boxes of files. Old files. Old surveillance files.
Maybe on you and me.
And John said to his disciples, charge these people. I don't
care with what. They must have done something or we wouldn't
have a file on them. Charge them with inhaling marijuana, or
jaywalking, or copying a VHS tape, or writing an article, or
attending a mosque, or voting Democratic (or Green, or Libertarian).
Charge them. Indict them. Tell the judge they are terrorist
threats (remember, terror is what I say it is) and don't let
them out on bail. Set their trials for 18 months away, like
we did with that professor in Florida, who won't see the sun
shine until at least January 2005. Maybe when they have been
locked up for a few months, without lawyers, mind you. I forgot
to tell you that. No lawyers. They are a threat to national security.
Terrorists will not have the benefit of my Constitution. And
mark those you think have done something really bad--like speak
out in favor of Palestinian rights, or human rights. I will
get George to name them unlawful combatants. Then they can get
shipped out of the country. Call Putin up. See if he will get
some of those gulags out of mothballs for us.
This is not just a funny story from a
blogger who has had too much caffeine. This week, Ashcroft told
his prosecutors to start reviewing 25 years of telephone and
e-mail wiretaps and results from secret searches--in files on
4.500 people-- and decide whether they can file criminal charges
under anti-terrorist laws.
The wiretaps and searches were performed
on "suspected" spies and terrorists-suspected, as in
no probable cause, but mere suspicion-- under the 1978 Foreign
Intelligence Surveillance Act. With permission from a super-secret
U.S. spy court, the FBI has used such warrants to break into
homes, offices and hotel rooms to install hidden cameras, copy
computer files and eavesdrop on telephones. Agents also have
intercepted e-mails and pried into safe deposit boxes.
Criminal prosecutors previously were
not entitled to the contents of intelligence files, which were
limited under Justice Department policies to government espionage
and
counterterrorism experts. But a court ruling this year by the
appellate branch of the secret court lowered that wall, allowing
the review of old surveillance. The efforts of a trial FISA judge
to curtail Ashcroft's runaway snooping was met not only with
resistance by the appeals court, but the court gave Ashcroft
more than a win. Yo, John, they said. Didn't you know that you
could go back and use past searches to prosecute those new laws
you wrote into the PATRIOT ACT?
So, Ashcroft reported this week that
all U.S. attorney offices around the country are looking at the
closed and open intelligence investigations to review for criminal
purposes nationwide. There is no telling when charges will be
brought, but the boots could some looking for you any day now.
And the evidence used against you may
be too secret for even you to know! You may be charged with
smoking weed, but they may actually be telling the judge that
you are sending money to Osama.
U.S. Attorney Paul McNulty of Virginia,
whose office is responsible for the terrorism case against Zacarias
Moussaoui, said the review of the files allows federal prosecutors
to "make sure we are aware of who is out there in the community
and that we know what they're doing and be able to make some
enforcement decisions as a result." (On a personal note,
I live a couple of miles from McNulty's home court in the Eastern
District of Virginia, so they won't have far to come for me).
As he left the meeting, Ashcroft promised
that he would be asking for new terrorism tools, saying that
the Patriot Act did not go far enough. He dismissed criticisms
of the long and secret detentions of aliens, as reported by his
own Inspector General. He would do it again, he said.
And you may be next.
Elaine Cassel
practices law in Virginia and the District of Columbia, teaches
law and psychology, and writes Civil
Liberties Watch under the auspices of The City Pages.
She can be reached at: ecassel1@cox.net
Weekend
Edition Features
Alexander
Cockburn
The Terrible Truth
Jeffrey
St. Clair
Going Critical: Bush's War on Endangered Species
Joanne
Mariner
Ashcrofts Sides with Torturers
Steven
Sherman
A Different Theory of Everything
Ron Jacobs
Sports, Politics and the 60s
M.
Shahid Alam
Pauperizing the Periphery
Amelia
Peltz
If This is the Road, I'd Rather be Lost
Shelton
Hull
Another Powell, Another Capitulation
Binoy Kampmark
Nuclear Deterrence and North Korea
Ben
Tripp
A Fish Story
Sen. Robert
Byrd
Where is the Outrage?
Robin
Philpot
Congo Distortions
Julie Hilden
Murder and the Matrix
Laura
Flanders
An Interview with Isabel Allende
David Lindorff
The Last Byline
Adam
Engel
Talk Dirty Scary Monsters
Poets'
Basement
Kearney, Reiss, Guthrie, Albert and Hamod
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