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Recent
Stories
April
9, 2003
Doug
Lummis
Saving Private Lynch: Hollywood and
War
Susan
Davis
The New York Times and the Peace Movement
David Vest
Smoking Gun? You're Watching It
John
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America's Sovereign Right to Do
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Eldar
Gary Bauer and AIPAC: an Unholy Alliance
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8, 2003
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Wallace
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War Web Log 4/7
April
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The Iraqi Humanitarian Relief is
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April 10,
2003
A Patriot Attack
on America
Ashcroft's War on
the Bill of Rights
By GEOFFREY NEALE
With public attention riveted on the war in Iraq,
politicians may be planning to launch a sneak attack against
the American people.
Their weapon: Patriot II, a piece of
legislation that would give the government frightening new powers,
including the ability to make secret arrests, issue secret subpoenas,
create a vast new DNA database and even strip Americans of
their citizenship and deport them.
Formally called The Domestic Security
Enhancement Act of 2003 (DSEA), the legislation has been shrouded
in secrecy, prompting civil liberties groups to fear the government
has been waiting for an opportunity -- such as war or another
terrorist attack -- to rush it through Congress. That's exactly
what happened with the USA Patriot Act, which passed the House
and Senate with lightning speed just six weeks after the September
11 terrorist attacks.
Now with war raging in Iraq, history
may be about to repeat itself.
Patriot II was drafted in secret earlier
this year by the U.S. Department of Justice. When rumors of
its existence started swirling around Washington, Attorney General
John Ashcroft denied it. When a leaked draft was published on
the web page of the nonpartisan Center for the Public Interest
on February 7, the Justice Department refused to comment.
But when the bombs began to fall on Baghdad
in late March, Justice Department spokesman Mark Corallo finally
confirmed that such a measure would be introduced soon.
Yet if Patriot II is actually good for
America, why all the secrecy? After all, politicians don't normally
lie about the existence of "good" programs; they brag
about them. They resort to stealth and deception only when they're
doing something they're ashamed of, such as creating pork barrel
projects, lining their pockets with another congressional pay
raise -- and spawning more police state powers.
Simply put, this legislation would destroy
some of the legal protections that make America different from
totalitarian states like Cuba, North Korea, Iran and Iraq. For
example, Patriot II would allow the government to arrest and
detain people in secret, paving the way for the midnight knock
on the door that terrorizes the population in police states.
In such countries, relatives never know
what's happened to their loved ones -- and police don't have
to explain. There's no need to file charges, present evidence,
or even hold a trial. A simple accusation by the police or an
anonymous informant is all that's needed to lock up an innocent
person for life.
Think such a thing could never happen
in America? It already has. Dozens of individuals rounded up
during the 9/11 investigations are still being held without
charges and without the right to see an attorney.
The authors of Patriot II want to keep
things that way. Its secret detention provision was created
to circumvent a federal court decision requiring the Justice
Department to identify those 9/11 detainees.
Under this legislation, prosecutors could
also issue secret subpoenas, and jail people who reveal to anyone
except their attorney that they have received one. Since most
people who receive subpoenas are not criminal suspects, this
amounts to letting the government conduct mass, secret interrogations
of completely innocent Americans, then jailing them if they
tell anyone what's happened.
Secret arrests, secret evidence, secret
subpoenas -- haven't thousands of American soldiers died fighting
this kind of government?
Even one of the most cherished rights
in America -- the right of citizenship -- is targeted under
this bill. Patriot II empowers the Justice Department to strip
citizenship from Americans who associate with a group designated
as a "terrorist organization," even if they've done
nothing illegal.
Individuals who contribute money to such
a group, even unwittingly, or attend the "wrong" political
rally could lose their citizenship -- and thus become easier
to prosecute and/or deport.
Imagine this scenario: Two years from
now, a violent individual blows up an abortion clinic. President
Hillary Clinton responds by labeling Operation Rescue, and a
number of other conservative Christian groups, "domestic
terrorist organizations." She orders everyone who has ever
contributed to one of these organizations or attended a meeting
rounded up, stripped of their citizenship and deported.
Or this: A radical environmentalist attacks
an oil tanker, and President John Ashcroft responds with similar
tactics against Greenpeace or the Sierra Club. He denounces
them as domestic terrorist organizations, freezes their bank
accounts and starts arresting their members.
Couldn't happen in America? It already
has happened -- to several non-citizens rounded up during the
9/11 investigation. But if Patriot II is approved, it could
start happening to American citizens as well.
Other provisions of this legislation
are just as chilling. For example, the government could create
a database of DNA collected not just from "suspected terrorists,"
but from non-citizens suspected of ordinary crimes, such as
burglary and assault.
In direct violation of the Fourth Amendment,
prosecutors could conduct a wiretap for 15 days without a judge's
approval, and monitor an individual's Internet behavior for
two days without a warrant.
The attorney general could deport any
foreigner, even a permanent legal resident, by deeming their
presence "inconsistent with national security."
Local police departments could resume
spying on political protesters, because the legislation overturns
court decrees prohibiting such surveillance.
Simply put, Patriot II would make America
less of a free country -- and there's nothing patriotic about
that.
Geoffrey Neale,
Austin, Texas, is national chair of the Washington, DC-based
Libertarian Party.
Today's
Features
Doug
Lummis
Saving Private Lynch: Hollywood and
War
Susan
Davis
The New York Times and the Peace Movement
David Vest
Smoking Gun? You're Watching It
John
Chuckman
America's Sovereign Right to Do
as It Damn Well Pleases
Akiva
Eldar
Gary Bauer and AIPAC: an Unholy Alliance
with the Christian Right
Ray
Hanania
Suicide Bombers without the Suicide:
Racism, Hypocrisy and the War on Iraq
David Lindorff
Secret Bechtel Docs Reveal: Yes,
the War Is About Oil
Steve
Perry
War Web Log 4/9
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