civlib.commentary.

Civil Liberties and Security

## Civil Liberties and Security

> Russell Feingold - On Opposing The U.S.A. Patriot Act

> Also Try ## Reviews of the Patriot Act: What You should Know Countering Terrorism Lesson Plans Civil Liberties and Open Debate in a Time of Crisis (Cato Institute - Pilon) "But we must fight that evil [terrorism] in a manner consistent with our principles so that when this war is over those principles will still be standing, to nourish us and the world thereafter." 7-02 Civil Liberties and September 11th (New York Times - Glasthal and Khan) "In this lesson, students evaluate the effectiveness and fairness of proposed military tribunals designed to fight terrorism. They will then compare American civil liberties, as stated in the U.S. Bill of Rights, with changes in these rights that may take place for some individuals living in the U.S., as a result of the U.S.A. Patriot Act." 2-02 Civil Liberties in a Time of Crisis (American Bar Association - Dempsey) "The debate over terrorism is often framed as a trade-off between liberty and security. This is a flawed calculus, in several respects. First, many civil liberties, far from being at odds with security, actually enhance the ability of the government to defend the common good. We guarantee the right to confront one’s accusers, for example, not only as an element of human dignity but also because cross-examination exposes lies and forces the government to continue looking until the truly guilty party is found." 7-02 Liberties vs. Security Lesson (CNNfyi.com) Provides a lesson to help students balance the need for security with civil liberties rights. 11-01 Review of the USA Patriot Act (Center for Constitutional Rights) "The task of upholding the Bill of Rights-or acquiescing in its surrender-will soon fall to the judiciary, as lawsuits testing the constitutionality of the USA PATRIOT Act wind their way through the courts." 7-02 Review of the USA Patriot Act (Electronic Frontier Foundation) "With this law we have given sweeping new powers to both domestic law enforcement and international intelligence agencies and have eliminated the checks and balances that previously gave courts the opportunity to ensure that these powers were not abused." 7-02 Security Versus Privacy Lesson - Grades 9 - 12 (New York Times) "In this lesson, students evaluate the possible effects of the United States government's Fidnet plan, which would involve creating a computer monitoring system to protect the nation's crucial data networks...." 5-02 Lists Support of Liberties While Pursuing Security (Electronic Privacy Information Center) Provides sources of information in support of civil liberties while pursuing national security. Quotes (Supreme Court) Justice William Brennan that encroachments on civil liberties in the name of military necessity should be viewed with skepticism. "The concept of military necessity is seductively broad, and has a dangerous plasticity. Because they invariably have the visage of overriding importance, there is always a temptation to invoke security 'necessities' to justify an encroachment upon civil liberties. For that reason, the military-security argument must be approached with a healthy skepticism." 3-02 Materials Military Tribunals for Terrorist Suspects - For and Against (PBS News) Provides an audio of a debate for and against the use of military tribunals for suspected terrorists. Requires RealPlayer software. 11-01 News Ashcroft Sued for Abuse of Rights (NandoTimes.com) "Civil rights attorneys sued Attorney General John Ashcroft and other U.S. officials Wednesday, alleging widespread abuse of hundreds of Middle Eastern men detained on immigration violations after Sept. 11." 4-02 Combatants Should Get Counsel According to the ABA (Bloomberg.com - Rowley) "U.S. citizens detained as enemy combatants during the war on terrorism have a right to a lawyer and to challenge their detention in court, an American Bar Association task force said." " 'United States citizens who are detained by the government have a right under the Constitution to seek release from their detention,' the panel said. Access to the courts to challenge detention is 'a fundamental right which Congress has not suspended.' " 8-02 Judge Orders US Government to Identify Detainees (MSNBC) "A federal judge gave the government 15 days Friday to disclose the names of people detained in the investigation of the Sept. 11 terrorist attacks. The government was expected to seek a stay of the order pending an appeal." 7-02 Lawmakers Say Oversight is Blocked (Washington Post - Eggen) "Lawmakers on the House and Senate judiciary committees are complaining that Attorney General John D. Ashcroft is blocking attempts to review Justice Department counterterrorism policies, setting the stage for another round of clashes between the Bush administration and Congress." 8-02 Rights - New Executive Actions Restrict Rights (Christian Science Monitor) Describes changes by the Bush administration that restrict rights as part of efforts to catch terrorists. Discusses the lack of response from Congress on the rectriction of civil liberties. 11-01 Senate and President Clash on New Homeland Security Department (Bloomberg - Bliss) Summarizes the conflict between the Senate and the President regarding the authority of the executive branch of government to make decisions regarding organization and spending. The President is asking for more authority while the Senate is wanting to keep checks and balances between the executive and legislative branches of government. 8-02 USA to Block Torture Vote (ABC News - al-Kashif) "Fearing independent visits to U.S. prisons and to terror suspects on Guantanamo, the United States is planning to block a U.N. vote on a plan to enforce an international convention on torture, U.S. diplomats and human rights campaigners said Tuesday." 7-02 Papers Attorney-Client Confidentiality Suspended by Ashcroft (Miami Herald - Lardner) Describes new rule by Attorney General John Ashcroft that allows eavesdropping on conversations between attorneys and clients if Ashcroft believes that terrorism may be involved. 11-01 British View of Liberties vs. Security (Guardian Unlimited - Mano and Wilcox) Provides short responses from specialists in the issue of reconciling civil liberties and security. 11-01 Civil Liberties Advocacy (ACLU) Describes issues that the ACLU considers violations of civil liberties, especially in the pursuit of security after the terrorist attacks. 11-01 Courts Struggle to Strike a Balance on Personal Liberties (MSNBC - Lane) "Thus, the skeptics argue, it [terrorism] can be fought largely with the conventional tools of civilian law enforcement, wielded by an executive branch overseen and constrained by the courts and Congress — especially since the indefinite duration of the war could mean restrictions on liberty, once in place, could be perpetuated forever." '" 'The sacrifice of checks and balances has to be weighed not as a temporary expedient,' said Laurence H. Tribe, a professor of constitutional law at Harvard University, “ 'but assessed as a proposed permanent change.' ” 8-02 Debate on the Treatment of Detainees in Cuba (BBC News) Provides two opposing views on whether those detained by the United States from the conflict in Afghanistan should be treated as prisoners of war. As prisoners of war, the detainess are entitled to rights that USA government officials say do not apply. 2-02 Detainees Winning Court Battles on Secrecy on Immigrant Detainees (Bloomberg.com) Summarizes court cases involving the government's position that information on immigrant detainees, including who they are or what they are alleged to have done, is secret information. 5-02 Editorial - Civil Rights and Dirty Bombs (International Herald Tribune) Argues that terrorism should be fought without suspending the civil rights of Americans. 6-02 Editorial - Patriotism and Freedom (St. Louis Post-Dispatch) Discusses the difficulty of balancing security and freedom. 12-01 Editorial - U.S. Detainees Need to be Tried (Guardian Unlimited) Argues that the USA should follow international law in dealing with detainees captured during the conflict in Afghanistan. (The Guardian is a British newspaper.) 2-02 Geneva Convention Relative to the Treatment of Prisoners of War (Office of the United Nations High Commissioner for Human Rights ) States how prisoners of war must be treated and includes 143 articles. For example, "Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause, shall in all circumstances be treated humanely, without any adverse distinction founded on race, colour, religion or faith, sex, birth or wealth, or any other similar criteria." 1-02 Human Rights and the War on Terrorism - An Interview With Saad Eddin Ibrahim (World Press Review - El Amrani) Provides the views of an Egyptian human rights activist. 2-02 Liberties vs. Security Debate (ACLU) Provides a review of the new USA Patriot Act to combat terrrorism in terms of losses of civil rights. 11-01 Liberties vs. Security Debate (Washington Post - Pianin and Edsall) Provides a discussion of the debate in Congress on reductions of civil liberties to improve security against terrorism. 11-01 Limits on Gun Records Proposed (CBS News) Describes a proposal by Attorney General John Ashcroft to limit the amount of time that quick check records can be kept to determine if a person is eligible to purchase a gun. The proposal would implement an action that Ashcroft proposed as a Senator to amend the Brady bill. (His amendment was defeated in the Senate.) Ashcroft also proposed procedures to make the instant background checks more complete. Provides statistics on the effects of the Brady bill. 6-01. Military Tribunals for Terrorist Suspects (CNN - Wallace) President Bush signed a rule allowing the government to provide a military trial for terrorist suspects instead of a civilian trial. 11-01. Military Tribunals for Terrorist Suspects - Against (Time.com) Discusses concerns by conservatives and liberals that President Bush will compromise American values in the USA and abroad if he uses military tribunals to try suspects of terrorism. "The proceedings, whose exact rules will be set on a case-by-case basis by Defense Secretary Donald Rumsfeld, can be secret. They may take place in the U.S. or abroad. Hearsay can be used as evidence. The defendant has neither the absolute right to challenge the evidence against him nor the right to hear it. He may not have access to the lawyer of his choice. Guilt need not be proved beyond a reasonable doubt. The verdict need not be unanimous. Executions are allowed. There may not be provision for appeal. Legally, at least, the terrorists have their wish." 11-01 Military Tribunals for Terrorist Suspects - Against (Wall Street Journal - Levy) Argues against the use of President Bush's type of military tribunals in the current situation. "Astonishingly, the only rule that Mr. Bush's executive order lays out with specificity is that the accused can be convicted and sentenced--to life in prison or death--if two-thirds of the panel agree. Even military courts, under the Uniform Code of Military Justice, require unanimity in capital cases and provide for several stages of appellate review." 11-01 Military Tribunals for Terrorist Suspects - For (FindLaw - Dean) Argues for the use of military tribunals for persons accused of harboring terrorists or involvement with a terrorist organization. Also argues that the procedure should be revised so that the death penalty can only be used with unanimous decisions. 9-01 Military Tribunals for Terrorist Suspects - For (USAToday.com - Ingraham) Defends the secrecy of military tribunals as a way of protecting American securitiy. "Much of the anti-military-tribunal howl centers on the fact that the proceedings are held in secret. However, it is eminently reasonable to think that as we pursue our war against terror, the public prosecution of individuals who are part of a worldwide conspiracy to murder as many Americans as possible would be harmful to a wide variety of U.S. interests. Classified information whose secrecy is critical to future U.S. investigations could be compromised -- such as the identity of double agents, specifics of other terrorist plots and the details of the covert techniques used by our government to prevent them." "Whatever damage military tribunals do to our international reputation, we risk far greater damage to our national psyche if non-citizen terrorists are allowed to exploit our system and our national pain in prolonged and costly courtroom dramas." 11-01 Military Tribunals for Terrorist Suspects - For (Washington Post - Allen) Provides President Bush's arguments for the use of military tribunals for trying suspected terrorists or those who harbor them. 'It's our national interests, it's our national security interests that we have a military tribunal available. It is in the interests of the safety of potential jurors that we have a military tribunal.' 'As the president, he [Bush] can take into account all the considerations -- from diplomatic to military to law enforcement to intelligence -- about whether this is the proper method of adjudicating justice.' 11-01 Moussaoui Turns to Muslim Law Professor (NandoTimes.com - Margasak) "A federal judge has encouraged accused Sept. 11 conspirator Zacarias Moussaoui to consult with a law professor who once worked with Arab-American organizations." The professor, Reza, is "a former public defender in Washington, D.C." and "has worked as a lawyer for the American Muslim Council and the American-Arab Anti-Discrimination Committee." "He [Reza] told New York Law School students the attacks [of September 11th] violated three Islamic principles: war should be waged defensively only, illegitimate targets, including women, children and the elderly, should not be harmed, and war should only be authorized by a legitimate head of state." 8-02 No Longer a Suspect, Still a Detainee (Washington Post - Goldstein) Provides the story of Tony Oulai from the Ivory Coast. 5-02 Palestinian Man Held for Three Years on Secret Evidence (ABC News) Describes the treatment of a Palestinian, who has lived in the USA for 20 years, alleged to be involved with a terrorist organization. 11-01. Poll - Americans Not Worried About Restrictions of Rights (WashingtonPost.com - Morin and Deane) Reports the results of a study to determine reactions to new policies designed to combat terrorism, but which also restrict rights. The study found that most Americans approve of the new Bush administration policies. 11-01 Poll - Civil Rights and Security (CBS News) Provides the results of a CBS News poll on whether Americans are more worried about a loss of civil rights or a failure of the federal government to provide adequate security. The poll also asked many other questions related to the effectiveness and popularity of the Bush administration. 12-01 Poll Shows Support for Freedom of Speech Eroding (ABC News) "Support for the First Amendment has eroded significantly since Sept. 11 and nearly half of Americans now think the constitutional amendment on free speech goes too far in the rights it guarantees, says a poll released Thursday." 8-02 Proclamation in Support of Liberties While Pursuing Security (In Defense of Freedom) Provides 10 statements of support for maintaining civil liberties while the U.S. government pursues national security. 3-02 Profiling - Nations Object to Profiling (Guardian Unlimited) Describes the complaints of 17 countries regarding discrimination against Arabians and others at security points at airports. 2-02 Recommendations to Improve Homeland Security (Brookings Institute - Project on Homeland Security) "To broaden and reorient the homeland security agenda, we propose a four-tier strategic framework. The four tiers are (1) perimeter defense of the country's borders, (2) preventive activities within the country, (3) protection of domestic sites, and (4) consequence management after attacks." "The Bush administration's 2003 budget contains initiatives that are broadly similar to our first and final categories, but proposes a somewhat scattershot collection of individual programs and efforts within the second category of domestic prevention and the third category of domestic protection. We attempt to develop a more systematic and comprehensive agenda in those areas." 5-02 Religious and Political Groups May Be Monitored (CBS News) "Attorney General John Ashcroft warned Sunday that religious or political groups normally free from government intrusion could be monitored by agents if they are suspected of engaging in terrorism." 9-01 Rights - Human Rights and Constitutional Law (Columbia Law School - McKeever and Rosenbaum) Provides information on efforts to protect human rights by country, nationality, region, program, and other criteria. Secret Federal Court Rejects Justice Department's Request (MSNBC News) "The secretive federal court that approves spying on terror suspects in the United States has refused to give the Justice Department broad new powers, saying the government had misused the law and misled the court dozens of times, according to an extraordinary legal ruling...." 8-02

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... The USA Patriot Act ... to every criminal case. ...
www.aclu.org/congress/l110101a.html - 16k - Cached - Similar pages

truthout - ISSUES - Jennifer Van Bergen | Repeal the USA Patriot ...
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Awesome Library - Social_Studies
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Patriot Act ... on reductions of civil liberties ... be set on a case ...
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Civil Libeties - 9/11 - Global Policy Forum
... Statement on the violations ... of applying the Patriot ... Watch Demolishes US Case ... the Freedom
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Washingtonpost.com: Live Online
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Russell Feingold - On Opposing The USA Patriot Act
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civil liberties ... people on immigration violations ... For example, the ...
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USA Patriot Act weakens checks and balances
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Summary and Analysis of Key Sections of USA PATRIOT ACT of 2001, ...
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is the case ... Third, the Patriot Act ... Fraud and Abuse Act violations ...
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