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Archives for February 2003

“Patriot” Act II Bush Administration Escalates Its War on Americans’ Freedom

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By Jeff Milchen
First published by Pacific News Service
February 11, 2003

Last October, Senator Russell Feingold (the only Senator with the courage to oppose the “Patriot Act”) asked the Department of Justice to “describe what efforts are being made within the department to broaden the powers of the USA Patriot Act.” He never received a response, but now the American people have the answer.

A leaked copy of the Bush administration’s draft “Domestic Security Enhancement Act of 2003” (DSEA) indicates that even after the 2001 Patriot Act expanded federal police powers while curtailing privacy rights, the Bush administration thinks Americans are still too free and government too small. Like the Patriot Act, the massive “Security Act” draft contains a few measures that could help catch a terrorist, surrounded by many that merely propel us further toward a secretive police state.

For starters, the DSEA would revoke key elements of the Freedom of Information Act (FOIA), enacted to prevent government from keeping secrets from the public unless a legitimate security concern exists. Currently, FOIA gives us the right to know if a missing person is in the custody of any government agency. But under DSEA, anyone — even U.S. citizens — could be detained secretly in connection with any “terrorist” investigation, a term lacking legal definition.

Does abandoning this bedrock principle of freedom make us safer? Not likely. The Freedom of Information Act already allows the government to withhold such information if disclosure could hamper investigation of other suspects or events. Under the government veil of secrecy established last year, we have no legal right to know who among the 1,000 plus-people secretly detained by the Bush administration since Sept. 11 was charged with a terror-related crime.

Chemical and nuclear corporations may be among the few entities cheering the DSEA. The Act would grant a long-standing dream of chemical corporations: stripping citizens of our right to know about threats posed by toxic chemicals and the risks of spills or explosions in our communities. Like many Bush Administration proposals, this draft smells like a case of waiting for the right opportunity to provide cover for pre-existing agendas.

When asked about the document, a Department of Justice spokesperson claimed that it represented merely “staff discussions.” But the DSEA clearly is ready for introduction any time — perhaps while the public is distracted by an attack on Iraq.

The DSEA contains many proposals disturbing for immigrants, including increased punishments for violations of the Immigration and Nationality Act by aliens. But perhaps the most alarming proposal (Section 501) would give the Justice Dept. power to revoke a person’s permanent resident alien status or even U.S. citizenship for participating in, or “providing material support to … a terrorist organization.”

Since the 2001 “Patriot Act” redefined “terrorist activity” so broadly that minor vandalism could qualify, donating to a nonprofit organization that, unknown to you, is on Ashcroft’s hit list could end your life as an American citizen and resident.

Section 312 would revoke laws that prohibit police from spying on citizens without substantive evidence of criminal activity. This effectively reauthorizes the CIA and FBI to engage in domestic terrorism against activist groups — practices that became illegal after the well-documented COINTELPRO program abuses of the 1960s ruined the lives of many citizen activists.

Denver area activists don’t need to be warned. Last year, they learned that Denver police had created “spy files” on more than 3,000 activists and 200 civic organizations for their organizing activities or participation in rallies. The Nobel Peace Prize-winning Quaker group, the American Friends Service Committee, is among the groups labeled “criminal extremist” by Denver police.

This would be laughable if the news hadn’t prompted many calls to targeted groups by people asking to have their names removed from databases. Imagine the damage to human rights organizations so labeled at the national level.

These threats are just a few among dozens of concerning proposals within the DSEA. Thanks to a brave soul at the Justice Department who values freedom over obedience to his employer, we have a chance to examine this assault on civil liberties and debate it rationally before it is thrown upon us amid the fervor of attacking Iraq or terrorist threats.

Now is the time to recall the words of James Madison: “If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.” People who value their freedom must fight the oppressive measures proposed in the draft “Security Enhancement Act.” Please visit ReclaimDemocracy.org for ideas on heading off this attack on our freedom.

Jeff Milchen directs ReclaimDemocracy.org

Orange Alert for Civil Liberties

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Even after the draconian measures of the “Patriot Act,” George W. Bush and company apparently think Americans are too free and that we cannot be trusted to know what further infringements on our freedom are being planned.

The Justice Department’s plans for a “Domestic Security Enhancement Act of 2003” were revealed only through a Department insider leaking the document to the watchdog group Center for Public Integrity. Dick Cheney and House Speaker Dennis Hastert are the only recognizable elected or quasi-elected officials documented as having obtained the document, which is marked “Confidential: Not for Distribution Draft Jan. 9, 2003.”

Consequences of the proposals in the draft DSEA
 If introduced and passed as drafted, the Act would:

Revoke portions of the Freedom of Information Act. (See Section 201, pp. 13-14 of pdf) Your right to obtain information about a friend or family member detained by the government in connection with any activity deemed “terrorist” would be revoked. This is incredible in lieu of the fact that the Freedom of Information Act already allows for the government to withhold such information if its disclosure could hamper investigation of other suspects or events (exemptions 7a, 7c, 7f, in 5 U.S.C. 552b7).

The Act also would prevent you from having reasonable access to information about threats to your health and community, such as levels of toxic emissions (Section 202). The Act refers to such information as “a roadmap for terrorists.” The result: you’ll have to trust the Bush Environmental Protection Agency to disclose any corporate activities that pose a threat to you and your family.

Allow the Bush Administration to revoke your residency or U.S. citizenship. Perhaps the most alarming proposal (Section 501) would give the Justice Dept. power to revoke a person’s permanent resident alien status or even U.S. citizenship for participating in, or “providing material support to … a terrorist organization.”

Since the 2001 “Patriot Act” redefined terrorist activity so broadly that minor vandalism could qualify, donating to a nonprofit organization that, unknown to you, is on Ashcroft’s disfavored list could end your life as an American citizen and resident. Alarmist? Consider that members of the Bush Administration have publicly accused journalists who criticize them of being “terrorists” (e.g. Defense Policy Board Chairman Richard Perle on CNN, March 9, 2003).

Invalidate state legal consent decrees (Section 312) that seek to curb police spying on U.S. citizens, regardless of any tangible evidence of criminal activity. This effectively re-authorizes the CIA and FBI to engage in domestic terrorism against activist groups ( a la COINTELPRO); practices that were made illegal after the well-documented abuses of the 1960s.

If you think we overstate by using the term domestic terrorism to describe the FBI and CIA activities, please inform yourself about this critical history. The Church Committee report (officially the Final Report of the Select Committee to Study Governmental Operations with Respect to Intelligence Activities of the United States Senate, 94th Congress, 2nd Session, 1976) is a good starting point.

Allow the government to force U.S. citizens to allow invasive collection of DNA samples (Sections 301-306) if the Administration consider someone a “suspected terrorist.”

The Act also would authorize the Justice Department to conduct secret searches of the home of any suspected terrorist for 15 days after any “national emergency,” rather than after a formal declaration of war, as in current law. Wiretaps of U.S. citizens for longer periods and with less court oversight are another proposal. There are many more serious concerns than we cite here. The most thorough analysis of the proposal we’ve seen thus far are available from the ACLU.

We urge you to at least scan the “Security Enhancement Act,” especially if you think we exaggerate the threats to our freedom. Even a casual read should quickly dispel that idea. Then please join us in working to preserve our Constitutional rights.

“A time comes when silence is betrayal. Even when pressed by the demands of inner truth, men do not easily assume the task of opposing their government’s policy, especially in time of war…

We are called to speak for the weak, for the voiceless, for the victims of our nation, for those it calls “enemy,” for no document from human hands can make these humans any less our brother.”
— excerpted from A Time to Break the Silence, Martin Luther King’s speech in New York City, April 4, 1967

Action Suggestions

Join at least 51 communities that have passed resolutions supporting due process and civil liberties to make statement against government repression. Dozens more communities have initiated related efforts. See BORDC.org for a guide to organizing such campaigns.

You can call, fax, or write or visit your U.S. Representative and Senators to voice your opinion on the measures noted in the draft “Domestic Security Enhancement Act of 2003,” but be aware that no member of Congress except House Speaker Dennis Hastert had been sent this draft as of February 7. You can reach any congressional representatives toll-free at 1-800-839-5276 or (202) 224-3121 (Capital Switchboard), or look up their other contact information.

Only through raising public dialogue can we hope to thwart this massive expansion of government and corporate power at the expense of civil liberties. Your letters to the editor, calls to talk radio (especially conservative shows), and discussion with family and friends all are meaningful and necessary actions. We are happy to offer help with any letter-writing, and our summary provides excellent material to excerpt for adapting to your own voice (but please don’t use it verbatim–editors are wary of form letters).

You also can work to pass a local resolution in support of civil liberties and opposing the “Security Act” or other attacks on freedom, as 32 U.S. towns and cities have already done.