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January
25, 2002
Norman
Madarasz
Adieu,
Pierre Bourdieu
Alexander
Cockburn
You
Call This Terrorism?
CounterPunch
Wire
Cal
Energy Crisis Hoax:
It Wasn't A Shortage,
It Was a Shakedown
Tariq
Ali
Kashmir,
Klinghoffer,
the Kurds and Chomsky
Nadine
Strossen
Protecting
MLK Jr.'s Legacy:
Justice and Liberty After 9/11
January
24, 2002
Robert
Fisk
Turkey
Targets Chomsky
Dean Baker
Lying
on Top:
Ken Lay One of Many
David
Vest
Idiot
Wind
January
23, 2002
Terry
Waite
Guantanamo
Prisoners:
Justice or Revenge?
Molly
Secours
The
Case of Abu-Ali:
Racism and the Death Penalty
Robert
Jensen
Speak
Out, Get Slimed
January
22, 2002
Brendan
Cooney
Moby-Dick
and the Hunt
for Osama bin Laden
Rick Giombetti
Progressive
Pols for Enron?
Judith
Resnik
Invading
the Courts?
Kevin
Alexander Gray
The
Crisis in Black Leadership
January
21, 2002
Marjorie
Cohn
Will
Walker's Words
Be Used Against Him?
Ahmad
Faruqui
MLK
Jr. and the Palestinians
January
19. 2002
Jordan
Green
Enron
Stole Our Future
January
18, 2002
Tom Turnipseed
The
Enron Model
Walt Brasch
Enron
at the White House
CounterPunch
Wire
Human
Rights Groups Says Guantanamo Prisoners Must
Be Treated as POWs
January
17, 2002
Gideon
Levy
Bulldozing
Rafah
Uri Avnery
That
Weapons Shipment
January
16, 2002
John Chuckman
The
Angel and the Pretzel
Lawrence
McGuire
Subverting
the
Geneva Convention
Kathy
Kelly
An
Open Letter to
Richard Perle on Iraq
January
15, 2002
George
Monbiot
Greenpeace,
Lord Melchett
and the Business of Betrayal
Jack McCarthy
Follow
the Pretzel
William
Blum
Atta
and the Times:
Follow the Changing Story
Edward
Said
Emerging
Alternatives
in Palestine
January
14, 2002
David
Vest
Open
Bag. Eat Pretzels.
Patrick
Cockburn
Collapse
of Georgia
Ignored by the World
Mokhiber/Weissman
Enron's
Accountants:
When In Doubt, Shred It
January
13, 2002
C.G. Estabrook
Why
We Kill People
January
12, 2002
Cockburn/St.
Clair
Forbidden
Truths
January
11, 2002
Lee Balllinger/Dave
Marsh
Neil
Young's Duet with Ashcroft
January
10, 2002
Tom Turnipseed
Bush,
Enron, UNOCAL
and the Taliban
St. Clair/Cockburn
Greenpeace
to Greenwash?
Hans von
Sponek
Iraq:
Is There an Alternative
to Military Action?
Jim Lobe
Israeli
Human Rights Group Assails Army
Marina Mayakova
Russia's
Top Military Astrologer Predicts More Attacks from OBL
January
9, 2002
David
Vest
The
Super-Burqa
and the Big Tent
ND Jayaprakash
Winnable
Nuclear War?
Rafiq
Kathwari
Kashmir
Will Make Ground Zero Look Like a Bonfire
January
8, 2002
Prudence
Crowther
Sting
Like a B-52
Nelson
Valdés
Al-Qaeda
at Guantanamo Bay
John Chuckman
Dark
Tales from the
Ministry of Truth
Richard
Corn-Revere
Do
We Fear Freedom?
Joan Hoff
The
Nixon You Haven't Heard
January
7, 2002
Lawrence
McGuire
Confusing
Economic Tales About Argentina
Wael Masri
They
Are Taking
Our Rights Away
Philip
Farruggio
Better
Medicine
A Photographic Journal of Life
in an Afghan Refugee Camp
By Judith Mann
Resources:
100s of Links
About 9/11
CounterPunch:
Complete
Coverage of 9/11 and Its Aftermath
Five
Days That
Shook The World:
Seattle and Beyond
By Alexander
Cockburn
and Jeffrey St. Clair
Photos by Allan Sekula
(Click Here to Order from CounterPunch
Online at 20% Off Amazon.com's price!)
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TO
COUNTERPUNCH
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Published Oct. 15, 2001
8-Page Special Issue
War Diary
CIA's Assassination Plan a History of
Torture in US Prisons
bin Laden and Bush
Business Connections
Aisha Ikramuddin on the Hidden Hype
of US Food Bombs
Peter Linebaugh on
Pakistan
Christopher Hitchens' Love for Mrs. Thatcher
Jiang Zemin Tells Bush:
Nuke 'Em
Search
CounterPunch
Read Whiteout and Find Out
How the CIA's Backing of the Mujahideen Created the World's Most
Robust Heroin Market and Helped to Finance the Rise of the Taliban
and Osama bin Laden
Whiteout:
CIA, Drugs & the
Press
by Alexander
Cockburn
and Jeffrey St. Clair
The Memphis Blues Again:
Six Decades of Memphis Music Photographs
Photos by Ernest Withers
Text by Daniel Wolff
The New Intifada:
Resisting Israel's Apartheid
Edited by Roane Carey
A Pocket Guide to
Environmental Bad Guys
by James Ridgeway
and Jeffrey St. Clair
The
Phoenix Program
by Douglas Valentine
Al Gore:
A User's Manual
by Cockburn
and St. Clair
Buy
This Explosive
New Book at an
Amazing Discount!
Reviews of Gore:
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January 25,
2002
A Legal Guide to
Survival
in the Post-9/11 World
Know Your Rights
By National Lawyers Guild
What
rights do I have?
Whether or not you're a citizen, you
have these constitutional rights: The Right to Remain Silent.
The Fifth Amendment to the U.S. Constitution gives every person
the right to remain silent in the face of questions posed by
any police officer or government agent. The Right to be Free
from "Unreasonable Searches and Seizures". The Fourth
Amendment is supposed to protect your privacy. Without a warrant,
police or government agents are not allowed to search your home
or office and you can refuse to let them in. Know, however, that
it is easy for the government to monitor your e-mail, telephone
calls, and conversations in your home, office, car or meeting
place. The Right to Advocate for Change. The First Amendment
to the U.S. Constitution protects the rights of groups and individuals
who advocate changes in laws, government practices, and even
the form of government. However, the INS can target non-citizens
for deportation because of their First Amendment activities,
as long as it could deport them for other reasons.
CONSTITUTIONAL RIGHTS CANNOT BE SUSPENDED-
EVEN DURING A STATE OF EMERGENCY OR WARTIME.
What should
I do if agents come to question me?
1. YOU DO NOT HAVE TO TALK TO THE
POLICE, FBI, INS, OR ANY OTHER LAW ENFORCEMENT AGENT OR INVESTIGATOR.
You are not legally obligated to talk
to anyone: on the street, at your home or office, if you've been
arrested, or even if you're in jail. If you are driving a motor
vehicle, you are required to show your license and registration.
Only a judge has the legal authority to order you to answer questions.
If you are contacted, tell the agent you want to consult an attorney.
They should stop trying to question you once you say this. You
do not have to already have a lawyer. Remember to get the name,
agency, and telephone number of any investigator who calls or
visits you, and call the NLG, or a criminal or immigration lawyer,
before deciding whether to answer questions.
2. YOU CAN SAY NO!
If the police, FBI, INS or anyone else
tries to enter your home without a warrant, say, "I will
not talk to you until I consult an attorney." Many people
are afraid that if they refuse to cooperate, it will appear as
if they have something to hide, or think that they can educate
the police. Don't be fooled. Talking to the FBI can be very dangerous.
You can never tell how a seemingly harmless bit of information
might be used to hurt you or someone else. The FBI is not just
trying to find "terrorists", but is gathering information
on immigrants and activists who have done nothing wrong. And
keep in mind that even though they are allowed to and do lie
to you, lying to a federal agent is a crime. The safest things
to say are "I am going to remain silent", "I want
to speak to my lawyer", and "I do not consent to a
search."
3. YOU DO NOT HAVE TO LET POLICE OR
OTHER LAW ENFORCEMENT AGENTS INTO YOUR HOME OR OFFICE UNLESS
THEY HAVE A WARRANT.
Demand to see the warrant. If they have
a search warrant, you cannot stop them from entering and searching,
but you should still tell them that you do not consent to a search.
This will limit the search to what is specified in the warrant.
If they ask you to give them documents, your computer, or anything
else, look to see if the item is listed in the warrant. If it
is not, do not consent to them taking it without talking to a
lawyer. An arrest warrant does not allow them to search your
home or office unless you consent to that. Say "I do not
consent to a search." Do not answer any questions. Call
the NLG or a criminal lawyer.
4. IF YOU ARE STOPPED ON THE STREET,
ASK IF YOU ARE FREE TO GO.
If you are stopped by the police, ask
them why. Remember, they are allowed to lie to you. Ask "Am
I free to go?" If they say yes, walk away. Legally, you
do not have to give your name unless they suspect you of a crime,
but it may be expedient to do so-- however, be aware that police/
agents may be carrying a list of deportable aliens, and that
giving a false name could be a crime. If you are not free to
go, you are being detained, but this does not necessarily mean
you will be arrested. They are entitled to frisk you. A frisk
is a pat down on the outside of your clothing. Do not consent
to any further search. But if they continue, or in some other
way violate your rights, stay calm and don't physically resist
police or agents. You will only be hurt and arrested. Stick to
"I don't consent, I want to speak to my lawyer." and
call a lawyer at your first opportunity. You do not have to answer
questions if you are detained or even if you are arrested.
5. ANYTHING YOU SAY TO THE POLICE, FBI, INS, ETC. CAN BE USED
AGAINST YOU AND OTHERS.
They may pressure you by saying it's
unpatriotic not to answer, or that people with nothing to hide
would talk. Remember, however, that even innocent people who
have done nothing wrong may say things that the government will
use against them or others. That is why the right not to talk
is a fundamental right under our Constitution. Repeat "I
want to talk to my lawyer" to any officer who questions
you. What if the FBI threatens me with a grand jury subpoena?
It is common for the FBI to threaten you with a subpoena to get
you to talk to them. Don't be intimidated. This is frequently
an empty threat, and if they are going to subpoena you, they
will do so anyway. Receiving a subpoena to testify before a grand
jury doesn't mean that you are suspected of a crime. And you
may have legal grounds to quash the subpoena or to refuse to
answer questions before the grand jury. If you do receive a subpoena,
call the NLG or a criminal lawyer.
How should I respond to threatening letters
or calls? If your home or office is broken into, or threats have
been made against you, your organization, or someone you work
with, share this information with everyone affected. Take immediate
steps to increase personal and office security. You should discuss
with your group and with a lawyer whether and how to report such
incidents to the police and the advisability of taking other
legal action. If you decide to make a police report, do not do
so without a lawyer present. See the contact information on the
front for numbers you can call if you receive threats. If you
suspect government agents are monitoring you, or are harassing
you, report this to the NLG.
What if
I am under 18?
Minors too have the right to remain silent;
you do not have to talk to the police, probation officers, or
school officials. If you are detained at a community detention
facility or Juvenile Hall, you normally must be released to a
parent or guardian. If charges are filed against you, you have
the right to have a lawyer appointed to represent you at no cost.
Your rights at school: Public school students have the First
Amendment right to politically organize at school by passing
out leaflets, holding meetings, publishing independent newspapers,
etc., just so long as those activities do not disrupt classes.
Students can be suspended or expelled from school only if they
violate the law or disrupt school activities. You have the right
to a hearing, with your parents and an attorney present, before
being suspended or expelled.
Students can have their backpacks and
lockers searched by school officials at school if they have "reasonable
suspicion" that you are involved in criminal activity, carrying
drugs, weapons, etc. Reasonable suspicion means they have to
have a specific reason, but in reality, doesn't give you much
protection. Do not consent to the police or school officials
searching your property, but do not physically resist or you
may face criminal charges.
Students can now be stopped and questioned
by school officials at school even without reasonable suspicion.
If you are not in class you can be stopped and questioned as
to where you are going and why, but they should not stop and
question you for engaging in legally protected political activity
or because of your ethnicity or religion.
What if
I am not a citizen?
1. CARRY WITH YOU THE NAME AND NUMBER
OF AN IMMIGRATION ATTORNEY WHO WILL TAKE YOUR CALLS.
If you are a legal permanent resident,
you should carry your green card as well. Navigating the immigration
system by yourself is extremely difficult. INS will not explain
your options to you. You do not have to reveal your immigration
status or answer any other questions. As soon as you encounter
an INS agent, call your attorney. If you can't do it right away,
keep trying.
2. KNOW AND ASSERT YOUR RIGHTS!
INS will not do it for you. Currently,
all non-citizens have the following rights, regardless of your
immigration status:
a. You have the right to speak to an
attorney before answering any questions or signing any documents.
You have the right to call an attorney or your family if you
are detained and you have the right to be visited by an attorney
in detention. You have the right to have your attorney with you
at immigration hearings with INS. You do not, however, have the
right to a government-appointed attorney, so you must hire one
or find someone who will represent you for free. Call the numbers
listed on this pamphlet for help.
b. If you are arrested or detained, the
INS must decide in 48 hours whether to put you into immigration
proceedings and whether to keep you in custody or to release
you on bond. Under a new regulation issued on September 17, the
INS has an "additional reasonable period of time" in
the event of "an emergency or other extraordinary circumstance"
to make the decisions whether to keep you or release you. Make
sure your attorney talks to national immigration rights organizations
if this is the reason INS is keeping you in detention (see the
contact numbers on the front.)
c. You have the right to request release
from detention even if INS hasn't said why it wants to deport
you. In most cases you have the right to request release from
detention by paying a bond if necessary, or to request a bond
hearing before an immigration judge.
d. In most cases, you have the right to a hearing before an immigration
judge to determine whether you have violated the immigration
laws. If you have criminal convictions, were picked up by INS
when you came into the U.S., or have been ordered deported in
the past, you must talk to an attorney about whether you have
this right and what other legal alternatives you might have.
IF YOU DO NOT DEMAND THESE RIGHTS
OR IF YOU SIGN DOCUMENTS WAIVING YOUR RIGHTS, THE INS MAY DEPORT
YOU BEFORE YOU SEE EITHER AN ATTORNEY OR A JUDGE.
Leaving the U.S. in this way may have
serious consequences for your ability to later enter or to gain
legal immigration status in the U.S. However, the immigration
laws are complex and many changes are being proposed in response
to September 11, so the above information may change. You must
consult an immigration specialist attorney to know your rights.
3. TALK TO AN IMMIGRATION LAWYER BEFORE
LEAVING THE U.S.
Some non-citizens may be barred from
coming back to the U.S., perhaps permanently. This includes some
lawful permanent residents and applicants for green cards.
4. IF YOU ARE A FOREIGN NATIONAL ARRESTED
IN THE U.S., YOU HAVE THE RIGHT TO CALL YOUR CONSULATE or to have the police inform the consulate of
your arrest. The police must allow your consul to visit or speak
with you. Your consul might assist you in finding a lawyer or
offer other help, such as contacting your family. You also have
the right to refuse help from your consulate.
The rights outlined above apply to non-citizens
who are inside the United States. Foreign nationals at the border
(air or land) who are seeking to enter the United States are
subject to additional restrictions and do not have all the same
rights.
This legal handbook was prepared by National Lawyers' Guild's Post
9-11 Project. They can be reached at (212) 505-9119 . NLG
National Immigration Project: Help for attorneys and help finding
immigration attorneys (617) 227-9727. National
Immigration Law Center (on line immigration information).
American Arab Anti-Discrimination Committee (ADC): Report hate
crimes and harassment against Arabs and Muslims; help for non-citizens
and attorneys (202) 244-2990.
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