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September
11, 2001 marked a tragic day in human history as thousands died
in a global war of terror. A war that spares no innocents. A
war where no crime against humanity seems
unthinkable. However, let us temper our anger with wisdom, humility and a sense of justice.
Let us protect individual
liberty and the right to privacy.
Let us abide by
international
law.
Let us
not become further entrapped in an escalating cycle of fear and
violence. "An eye for an eye leaves everyone
blind."- Martin Luther King
Let us work together with
all nations to heal
the wounds that spawn hatred and intolerance- for from this
hate arises untold horrors and great suffering.
Let our aim be
peace:
shalom~salam
Lowell Greenberg
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Civil Liberties at Stake
Bill of
Rights Defense Committee
Patriotwatch
ACLU: Keep America Safe & Free
When Democracy Failed: The Warnings of History
It's a Free Country: Personal Freedom in America After
September 11, Danny Goldberg (Editor), Victor Goldberg
(Editor), Robert Greenwald (Editor), Foreword by Cornel
West, Preface by Janeane Garofalo, Avalon Publishing
Group, 10/2003
"They that can give up
essential liberty to obtain a little temporary safety deserve
neither liberty nor safety."
- Benjamin Franklin
"As nightfall does
not come all at once, neither does oppression. In both
instances, there is a twilight when everything remains
seemingly unchanged. And it is in such twilight that we
all must be most aware of change in the air - however
slight - lest we become unwitting victims of the
darkness." Justice William O. Douglas

Paranoia runs
deep
Into your heart it will creep
It starts when you're always afraid
Step outta line, the Man come and take you away
We better stop, hey! What's that sound
Everybody look what's going down
-Steven Stills and Buffalo Springfield, 1967
"Acts of terror
have never destroyed a liberal democracy- acts of
parliament have closed down a few," Lt. Gen. William Odom
(Ret.) U.S. Army & Hudson
Institute Senior Fellow & Director of Nat’l Security
Studies.
"In becoming
continuous war has ceased to exist. The continuity of the
war guarantees the permanence of the current order. In
other words "War is Peace",
George
Orwell, "1984."
12/05-Current
Bill of Rights
Defense Committee
Current &
Archive
News
ACLU:
Safe and Free
12/05
Bush Secretly Lifted Some Limits on Spying in U.S. After
9/11, Officials Say
"WASHINGTON, Dec. 15 - Months after the
Sept. 11 attacks, President Bush secretly authorized the
National Security Agency to eavesdrop on Americans and
others inside the United States to search for evidence of
terrorist activity without the court-approved warrants
ordinarily required for domestic spying, according to
government officials."
FBI Papers Show Terror Inquiries Into PETA; Other Groups
Tracked, Spencer S. Hsu, Washington Post, 12/20/2005
"FBI counterterrorism investigators are
monitoring domestic U.S. advocacy groups engaged in
antiwar, environmental, civil rights and other causes, the
American Civil Liberties Union charged yesterday as it
released new FBI records that it said detail the extent of
the activity.
The documents, disclosed as part of a lawsuit that
challenges FBI treatment of groups that planned
demonstrations at last year's political conventions, show
the bureau has opened a preliminary terrorism
investigation into People for the Ethical Treatment of
Animals, the well-known animal rights group based in
Norfolk."
Bill Would Allow Arrests For No Reason In Public Place
CLEVELAND
-- A bill on Gov. Bob Taft's desk right now is drawing a
lot of criticism, NewsChannel5 reported.
One state representative said it resembles Gestapo-style
tactics of government, and there could be changes coming
on the streets of Ohio's small towns and big cities.
The Ohio Patriot Act has made it to the Taft's desk, and
with the stroke of a pen, it would most likely become the
toughest terrorism bill in the country. The lengthy piece
of legislation would let police arrest people in public
places who will not give their names, address and birth
dates, even if they are not doing anything wrong.
11/05
ACLU Says White House Usurps Patriot Act
Reauthorization Process, Negotiators Neglect Privacy and Civil
Liberties Concerns but Add Poison Pills, 11/15/2005
"WASHINGTON - A conference committee tasked to
reconcile differences between House and Senate Patriot Act bills
ignored bipartisan calls to restore checks and balances on
government power and protect privacy and civil liberties, the
American Civil Liberties Union said today. The Republican-led
conferees also attached several "poison pill" measures to the
must-pass legislation, unrelated to the 2001 anti-terrorism law.
The House and Senate are expected to vote on the bill this week.
The following can be attributed to Lisa Graves, ACLU Senior
Counsel for Legislative Strategy:
"The Patriot Act was bad in 2001, and despite bipartisan calls for
reform, it's still bad in 2005. Instead of addressing the real
concerns that millions of Americans have about the Patriot Act,
the Republican majority in Congress buckled to White House
pressure, stripping the bill of modest yet meaningful reforms.
Congress must reject this bill.
"Don't be fooled by some lawmakers spinning this bill as Patriot
Act reform. It’s anything but. Lawmakers have let the
administration take us from bad to worse. There's a reason why
groups like the Chamber of Commerce, American Conservative Union
and American Library Association have all come together for
Patriot Act reform. The question is: Why haven’t lawmakers
listened?""
3/05
Administration Rejects Ruling On PR Videos: GAO Called
Tapes Illegal Propaganda
"The Bush
administration, rejecting an opinion from the Government
Accountability Office, said last week that it is legal for
federal agencies to feed TV stations prepackaged news
stories that do not disclose the government's role in
producing them.
That message, in memos sent Friday to federal agency heads
and general counsels, contradicts a Feb. 17 memo from
Comptroller General David M. Walker. Walker wrote that
such stories -- designed to resemble independently
reported broadcast news stories so that TV stations can
run them without editing -- violate provisions in annual
appropriations laws that ban covert propaganda." -
Christopher Lee, Washington Post, 3/15/05
2/05
Judge Rules Terror Suspect Must Be Charged or Freed
WASHINGTON — A federal judge on Monday
ordered the Bush administration to either charge or
release an American suspected of plotting terrorist
attacks with Al Qaeda, saying that his continued
confinement after nearly three years would "only offend
the rule of law."- Richard Serrano, LA Times, 3/1/05
Justice Dept. Opposes Bid to Revive Case Against F.B.I.
Justice Dept.
WASHINGTON - The
government has told a federal appeals court that a suit by
an F.B.I. translator who was fired after accusing the
bureau of ineptitude should not be allowed to proceed
because it would cause "significant damage to the national
security and foreign policy of the United States."
"...The effect of the government's posture in this case
will be to discourage national security whistle-blowers,"
said Ben Wizner, a lawyer with the American Civil
Liberties Union who is helping Ms. Edmonds. "She is
fighting for the right to prove that she was wrongfully
terminated."- John Files, New York Tines, 2/26/05
9/04
Ashcroft Continues to Seek New Powers
"Attorney General Ashcroft and his
allies in Congress are taking advantage of the 9/11
Commission report to push an expansion of the powers of
the Department of Justice and erode key checks and
balances that prevent government abuse. Many of their
earlier proposals met with defeat, but now they are
pushing new legislation that would dramatically expand on
the PATRIOT Act and even further restrict our freedom.
The latest proposed legislation -- "Tools to Fight
Terrorism Act of 2004" (S. 2679) -- would increase the
government’s powers to secretly obtain personal records
without judicial review and limit judicial discretion over
the use of secret evidence in criminal cases. It would
also eliminate important foreign intelligence wiretapping
safeguards and allow the use of secret intelligence
wiretaps in immigration cases without notice or an
opportunity to suppress illegally acquired evidence.
The legislation would also grant the Department of Justice
expanded administrative subpoena power -- the authority to
seize records and compel testimony in terrorism cases
without prior review by a court or grand jury. This would
erode already diminished judicial oversight, and would
allow access to confidential records without individual
suspicion of wrongdoing.
Furthermore, this legislation would expand the use of the
death penalty -- a step that would hurt efforts to
coordinate anti-terrorism activities and extraditions with
those countries that oppose capital punishment."
11/03
F.B.I. Scrutinizes Antiwar Rallies
"..The F.B.I. is dangerously targeting
Americans who are engaged in nothing more than lawful protest and
dissent," said Anthony Romero, executive director of the American
Civil Liberties Union. "The line between terrorism and legitimate
civil disobedience is blurred, and I have a serious concern about
whether we're going back to the days of Hoover."- Eric Lichtblau, NY
Times, 11/22003
ACLU Says Latest Expansion of FBI Intelligence Guidelines
Ignores Lessons of Watergate, Waco and Ruby Ridge
"...The new set
of guidelines - a heavily redacted version of which was
obtained and reported on by the Washington Post - are
apparently designed to allow detailed monitoring of both
citizens and non-citizens without any indication of
ongoing or intended espionage. Previously,
internal guidelines - put in place after the abuses of
Watergate and the FBI’s McCarthy-era COINTELPRO political
spying initiative - required the FBI to initiate a
preliminary inquiry, using limited means, to satisfy
itself that there existed sufficient grounds to begin an
full-blown investigation using all the intrusive
surveillance tools at its disposal."
"...Under the current administration,
the relaxed guidelines could likely be used to target, for
instance, anti-war protestors. However, the new set of
guidelines should also concern conservatives, the ACLU
said, given that under a future left-leaning presidency,
it could also be used to target lawful militia groups or
anti-abortion activists."
6/03
Report Lambastes Justice Department by Helen Thomas,
6/6/03
"Hats off to Justice Department inspector general Glenn Fine for
nailing the department's abuse of illegal immigrants in the name of
fighting terrorism.
Fine, an appointee of former President Clinton to the
non-partisan post, issued a scathing 198-page report on the brutal
handling of some of the 762 detainees rounded up in the early
aftermath of the 9/11 terrorist attacks. Most of them have now been
deported or released.
Only one detainee, Zacarias Moussaoui, who was in custody before
9/11, has been charged with a terrorism-related crime."
(Continued)
2/03
Justice Dept. Drafts Sweeping Expansion of
Anti-Terrorism Act
"The Bush Administration is preparing a bold,
comprehensive sequel to the USA Patriot Act passed in the wake of
September 11, 2001, which will give the government broad, sweeping
new powers to increase domestic intelligence-gathering, surveillance
and law enforcement prerogatives, and simultaneously decrease
judicial review and public access to information.
The Center for Public Integrity has
obtained a draft, dated January 9, 2003, of this previously
undisclosed legislation and is making it
available in full text," Center for Public Integrity," 2/7/03;
See also; Whitely
Strieber's Journal, dated 2/10/03 on the so-called, "Domestic
Security Enhancement Act of 2003."
12/02
Snooping in All the Wrong Places:
Not only would the Administration's plan to centralize
every American's records destroy privacy, the security
payoff would be minimal
"The outrage over
TIA
(Total Information Awareness System) doesn't seem to have
reached the President's ear, but it should. It's not too
late for him to realize the folly of such a plan. Funded
by the Defense Advanced Research Projects Agency (DARPA),
the project would combine every American's bank records,
tax filings, driver's license information, credit-card
purchases, medical data, and phone and e-mail records into
one giant centralized database. This would then be combed
through for evidence of suspicious activity.
TAINTED LEADER. If that's not scary enough, consider who's
overseeing the project: Former Reagan National Security
Adviser and Bush loyalist John Poindexter, a man who was
convicted (though later acquitted on appeal) of five
felonies, including lying to Congress, after the
Iran-Contra scandal of the 1980s.
The DARPA plan shocked the media and individual citizens
across the country. The program wouldn't catch terrorists,
but it would terrorize ordinary citizens by logging their
every movement in a federal government database. Why, many
asked, would the Bush Administration stand behind such an
intrusive plan? My question: Why ask why? " Jane Black,
Business Week, 12/18/2002; See also:
Electronic Privacy Information Center, Total Information
Awareness (TIA)
U.S. defends al-Qaeda interrogations: ‘Stress and duress’
tactics used on terrorism suspects
"In the
multifaceted global war on terrorism waged by the Bush
administration, one of the most opaque — yet vital —
fronts is the detention and interrogation of terrorism
suspects. ...Interviews with several former intelligence
officials and 10 current U.S. national security officials
— including several people who witnessed the handling of
prisoners — provide insight into how the U.S. government
is prosecuting this part of the war.
The picture that emerges is of a brass-knuckled
quest for information, often in concert with allies of
dubious human rights reputation, in which the traditional
lines between right and wrong, legal and inhumane, are
evolving and blurred.
While the U.S. government publicly denounces the
use of torture, each of the current national security
officials interviewed for this article defended the use of
violence against captives as just and necessary. They
expressed confidence that the American public would back
their view.
“If you don’t violate someone’s human rights some
of the time, you probably aren’t doing your job,” said one
official who has supervised the capture and transfer of
accused terrorists. “I don’t think we want to be promoting
a view of zero tolerance on this. That was the whole
problem for a long time with the CIA.” Dana Priest &
Barton Gellman, Washington Post, 12/26/02
11/02
Afghan Massacre: The Convoy of Death, 11/02
"Afghan Massacre tells of the
horrific forced journey undertaken by thousands of
prisoners who surrendered to America’s Afghan allies after
the siege of Kunduz."
"Bundled into containers, the lucky ones were shot within
minutes. The rest suffered an appalling road trip lasting
up to four days, clawing at the skin of their fellow
prisoners as they licked perspiration and even drank blood
from open wounds."
"Up to 3,000 now lie buried in a mass grave, but this was
not a simple matter of Afghans killing Afghans."
"Afghan Massacre tells of how American Special Forces took
control of the operation, re-directed the containers
carrying the living and dead into the desert and stood by
as survivors were shot and buried."
"And it details how the Pentagon lied to the world in
order to cover up its role in the greatest atrocity of the
entire Afghan War. This is the documentary they did not
want you to see."
In Terror War, 2nd Track for Suspects:
Those Designated 'Combatants' Lose Legal Protections
"The Bush administration is developing a
parallel legal system in which terrorism suspects -- U.S.
citizens and non-citizens alike -- may be investigated,
jailed, interrogated, tried and punished without legal
protections guaranteed by the ordinary system, lawyers
inside and outside the government say." Charles Lane,
Washington Post, 12/1/02.
"ACLU Calls on President Bush to Disavow New Cyber-Spying
Scheme That Seeks to Put Every American Under Scrutiny
November 14, 2002
WASHINGTON - The American Civil Liberties Union today
called on President Bush to disavow a new system being
developed at the Pentagon that would be able to track
every American’s activities.
"Smile, you’re on virtual candid camera," said Laura W.
Murphy, Director of the ACLU’s Washington National Office.
"If the Pentagon has its way, every American - from the
Nebraskan farmer to the Wall Street banker - will find
themselves under the accusatory cyber-stare of an
all-powerful national security apparatus."
8/02
"Secret Court Rebuffs Ashcroft Justice Dept. Chided On
Misinformation," Washington Post, 8/23/02 article by Dan
Eggen & Susan Schmidt.
According to the article, "the court
that oversees the Foreign Intelligence Surveillance Act (FISA)
has alleged that Justice Department and FBI officials
supplied erroneous information to the court in more than
75 applications for search warrants and wiretaps."
"...Authorities also improperly shared
intelligence information with agents and prosecutors
handling criminal cases in New York on at least four
occasions, the judges said."
"Given such problems, the court found that new
procedures proposed by Attorney General John D. Ashcroft in March
would have given prosecutors too much control over
counterintelligence investigations and would have effectively
allowed the government to misuse intelligence information for
criminal cases, according to the ruling."
6/02
"Security bill bars blowing whistle," 6/22/02
Washington Times article by Audrey Hudson. According to
this article:
"A provision in the bill seeking to create a Homeland
Security Department will exempt its employees from
whistleblower protection, the very law that helped expose
intelligence-gathering missteps before September 11."
That the Bush Administration would even
consider such a provision demonstrates a clear lack of
commitment to the democratic principles of free speech and
protection under the law.
"'Combatants' Lack Rights, U.S. Argues Brief Defends
Detainees' Treatment," 6/20/02 Washington Post article by
Tom Jackman and Dan Eggen. The article is about a
Justice Department filing in the case of Esam Hamdi, a US
born man captured with Taliban forces. The filing asserts
that those declared enemy combatants in the war on
terrorism have no right to counsel and can be held
indefinitely. Quoting from the article:
Some legal scholars yesterday
compared the filing to arguments used by the government
during World War II to intern thousands of Japanese
Americans as alleged security threats, and they warned
that President Bush is seeking unfettered authority to
lock up U.S. citizens with no external review.
"This is really an astounding assertion of authority,"
said
David Cole, a Georgetown University law professor.
"It's not just that you have no right to a lawyer, it's
that you have no right to even have a hearing. . . . If
that is true, then there is really no limit to the
president's power to label U.S. citizens as bad people and
then have them held in military custody indefinitely."
ACLU
Says Rewriting of Domestic Spying Restrictions Gives FBI
New Powers Despite Growing Evidence of Analytical
Failures, 5/30/02; See also:
"Brief Analysis of Proposed Changes to Attorney General
Guidelines," 5/30/02 and
"The
Dangers of Domestic Spying by Law Enforcement: A Case
Study of Surveillance of Dr. Martin Luther King," 1/02.
5/02
|
Before Sept. 11, Unshared Clues and Unshaped Policy
Recent news reports suggest that serious warnings
of terrorist threats were provided by groups and officials of the FBI
and CIA months before 9/11. Yet due to executive and inter/intra
agency incompetence and/or negligence these warnings were never
relayed to and/or taken seriously enough by FBI/CIA headquarters and
the Executive Branch, including the
President. See Washington Post 5/17/02 article by Barton Gellman,
"Before September 11, Unshared Clues and Unshaped Policy."
See also the 5/27/02 Time Magazine report,
"When America
Slept, What did Bush know before 9/11? Why was so little done? How
broken is the system?" and 5/25/02 Washington Post
article by Bill Miller and Dan Eggen,
"FBI Culture Blamed for Missteps on Moussaoui." Zacarias Moussaoui
was the alleged "20th hijacker" in the Sept. 11 attacks.
Also: 6/4/02, Washington Post article by Walter Pincus:
"CIA Failed To Share Intelligence On Hijacker [Khalid Almihdhar, who
was on Flight 77, which crashed into the Pentagon]: Data Could Have
Been Used to Deny Visa."
The FBI headquarters' obstruction of the
Minneapolis field office's Moussaoui investigation, combined with
headquarters failure to piece together the investigative work of
that office with Kenneth Williams's "Phoenix Memo," have
undermined FBI leadership's credibility and integrity. Further it
has called into question whether the 20/20 hindsight excuse for
the U.S. government's inability to prevent the 9-11 attacks is
justified. However, none of these disclosures have undermined
belief in the dedication and hard work of FBI operatives who
work daily to counter threats domestic and foreign.
Quoting from a May 2002 memo written by
Coleen Rowley, the FBI's Chief Counsel in the Minneapolis field
Office, to FBI Director Robert Mueller and also disseminated to
two members of the Senate Intelligence Committee:
"It is obvious, from my firsthand knowledge of the events and
the detailed documentation that exists, that the agents in
Minneapolis who were closest to the action and in the best
position to gauge the situation locally, did fully appreciate the
terrorist risk/danger posed by Moussaoui and his possible
co-conspirators even prior to September 11th. Even without
knowledge of the Phoenix communication (and any number of other
additional intelligence communications that FBIHQ [FBI
Headquarters] personnel were
privy to in their central coordination roles), the Minneapolis
agents appreciated the risk. So I think it's very hard for
the FBI to offer the "20-20 hindsight" justification for its
failure to act! Also intertwined with my reluctance in this case
to accept the "20-20 hindsight" rationale is first-hand
knowledge that I have of statements made on September 11th, after
the first attacks on the World Trade Center had already occurred,
made telephonically by the FBI Supervisory Special Agent (SSA) who
was the one most involved in the Moussaoui matter and who, up to
that point, seemed to have been consistently, almost deliberately
thwarting the Minneapolis FBI agents' efforts (see number 5).
Even after the attacks had begun, the SSA in question was still
attempting to block the search of Moussaoui's computer,
characterizing the World Trade Center attacks as a mere
coincidence with Misseapolis' prior suspicions about Moussaoui."
"...Nor did FBIHQ personnel do much to disseminate the information
about Moussaoui to other appropriate intelligence/law enforcement
authorities. When, in a desperate 11th hour measure to bypass
the FBIHQ roadblock, the Minneapolis Division undertook to
directly notify the CIA's Counter Terrorist Center (CTC), FBIHQ
personnel actually chastised the Minneapolis agents for making the
direct notification without their approval!"
"..Although the last thing the FBI or the
country needs now is a witch hunt, I do find it odd that (to my
knowledge) no inquiry whatsoever was launched of the relevant
FBIHQ personnel's actions a long time ago. Despite FBI leaders'
full knowledge of all the items mentioned herein (and probably
more that I'm unaware of), the SSA, his unit chief, and other
involved HQ personnel were allowed to stay in their positions and,
what's worse, occupy critical positions in the FBI's SIOC Command
Center post September 11th. (The SSA in question actually received
a promotion some months afterward!)"
"...The official statement is now to the
effect that even if the FBI had followed up on the Phoenix lead to
conduct checks of flight schools and the Minneapolis request to
search Moussaoui's personal effects and laptop, nothing would have
changed and such actions certainly could not have prevented the
terrorist attacks and resulting loss of life.
With all due respect,
this statement is as bad as the first! It is also quite at odds
with the earlier statement (which I'm surprised has not already
been pointed out by those in the media!) I don't know how you or
anyone at FBI Headquarters, no matter how much genius or
prescience you may possess, could so blithely make this
affirmation without anything to back the opinion up than your
stature as FBI Director. The truth is, as with most predictions
into the future, no one will ever know what impact, if any, the
FBI's following up on those requests, would have had. Although I
agree that it's very doubtful that the full scope of the tragedy
could have been prevented, it's at least possible we could have
gotten lucky and uncovered one or two more of the terrorists in
flight training prior to September 11th, just as Moussaoui was
discovered, after making contact with his flight instructors. If
is certainly not beyond the realm of imagination to hypothesize
that Moussaoui's fortuitous arrest alone, even if he merely was
the 20th hijacker, allowed the hero passengers of Flight 93 to
overcome their terrorist hijackers and thus spare more lives on
the ground. And even greater casualties, possibly of our Nation's
highest government officials, may have been prevented if Al Qaeda
intended for Moussaoui to pilot an entirely different aircraft.
There is, therefore at least some chance that discovery of other
terrorist pilots prior to September 11th may have limited the
September 11th attacks and resulting loss of life. Although
your conclusion otherwise has to be very reassuring for some in
the FBI to hear being repeated so often (as if saying it's so may
make it so), I think your statements demonstrate a rush to
judgment to protect the FBI at all costs. I think the only fair
response to this type of question would be that no one can pretend
to know one way or another." |
USA Patriot Act powers prompt
second look:
According to a 5/1/02 article appearing in the weekly
newspaper,
The
Hill, by Noelle Straub, entitled, "USA Patriot Act
powers prompt second look," there are growing concerns in the Senate on
the application of the powers in the USA
Patriot Act of 10/01. Quoting from the article:"Particularly troubling to Feingold
[Sen. Russ Feingold (D-Wis.)] is a business records
provision that gives the FBI new powers to subpoena
records in its investigations of international terrorism.
“The subpoenas are obtained from a secret court, and the
records sought don’t even have to be records directly
connected to a suspect in such an investigation,” Feingold
noted.
“We now know that bookstores and libraries have received
such subpoenas asking for the purchase or lending records
of their patrons. It is a truly frightening day in America
when bookstores are considering destroying their records
so when the government comes knocking at the door to find
out what their customers have been reading they will have
nothing to turn over,” he said.""
The article goes on to summarize
concerns from Democratic Senators John Edwards (D-N.C.),
Maria Cantewell (D-Wash.), Patrick Leahy (D-Vt. and
Chairman of the Senate Judiciary Committee) and Richard
Durbin (D-Ill.).
Jailing of Material Witnesses Challenged
Quoting from a 5/1/02 Washington Post Article by Steve
Fainaru and Amy Goldstein entitled, "Judge Rejects Jailing
Of Material Witnesses Ruling: Imperils Tool in Sept. 11
Probe:"
"US District Judge, Shira A. Scheindlin, ruled that the
Justice Department has overreached in imprisoning as
"material witnesses" men the authorities believe might
have information for grand juries investigating terrorism.
She dismissed perjury charges against a Jordanian student,
Osama Awadallah, 21, concluding that the information the
government collected in its investigation must be
suppressed because the suspect had been "unlawfully
detained.""
"Imprisoning a material witness for a grand jury
investigation raises a serious constitutional question
under the Fourth Amendment, which prohibits 'unreasonable
. . . seizures,' " Scheindlin wrote."
See also:
Repeal the
Patriot Act Immediately! Completely!
|
4/02
A Sandia Laboratories press release,
"Playing With Fire: Tools To Fight Terrorism,"
describes new technologies involving the development of "sensor
systems that identify and track large objects such as
missile launchers in a desert environment." According to
the press release, The ultimate intent over the
next few years is to link hundreds of sensors that will
identify and track people in urban environments."
Whatever the merits of DICTUM, Talon and
other approaches to fighting terrorism outlined in the
press release, the fundamental question of the impact of this and other monitoring technologies on civil liberties
must not be ignored.
2/02
Are there human rights abuses against al
Qaeda and/or Taliban detainees in Afghanistan and/or Naval
Base Guantanamo Bay? Is the U.S. a perpetrator of these
violations and/or is it failing to use its' influence to
prevent them? While conditions and treatment at Guantanamo
Bay are unclear, conditions in Afghanistan are inhumane
and there are reports of mistreatment of al Qaeda and
Taliban detainees.
According to an Amnesty International Press Release dated
1/2/02:
Afghanistan: Urgent action needed on prison conditions:
"The lives of thousands of prisoners in Afghanistan are
at risk because of the conditions in which they are
detained, Amnesty International warned today. Visitors to
detention facilities are reporting that prisons are
dangerously overcrowded and that prisoners lack adequate
food and medicine and are not sheltered from severe winter
conditions.
Under the Bonn agreement, the Afghan Interim Authority is
formally responsible for detention facilities.
However, under international law, the USA has continuing
responsibilities for the welfare of prisoners who were in
US custody before being handed over to another party.
Other governments, including Canada and Pakistan, whose
forces have detained and handed over prisoners share these
responsibilities."
Regarding treatment of suspected Qaeda and/or Taliban,
according to a
2/11/02 Washington Post article by Molly Moore:
"Afghan villagers who were misidentified by U.S.
military forces as al Qaeda and Taliban fighters said they
were beaten and kicked by their captors and imprisoned in
what they described as a wooden-barred "cage" at a U.S.
base in Kandahar.
Several of the 27 former prisoners,
who were released Wednesday, said U.S. soldiers treated
them so harshly that two men lost consciousness during the
beatings while others suffered fractured ribs, loosened
teeth and swollen noses."
It is unclear whether the above is an isolated
incident or part of a consistent pattern of prisoner treatment.
According to a
2/11/02 press release by
The International Committee of the Red Cross (ICRC),
"International Humanitarian Law foresees that the
members of armed forces as well as militias associated to
them which are captured by the adversary in an
international armed conflict are protected by the Third
Geneva Convention. There are divergent views between
the United States and the ICRC on the procedures which
apply on how to determine that the persons detained are
not entitled to prisoner of war status. The United States
and the ICRC will pursue their dialogue on this issue."
"..The United States has demonstrated its respect
and support for the ICRC's humanitarian mandate and
activities in past and present conflict situations. ICRC
delegates continue to be able to visit all persons
detained by US forces both in Afghanistan and Guantanamo
Bay, in
accordance with the
organization's mandate set forth in the Third Geneva
Convention."
The comments of the ICRC
suggest that while it disagrees with the U.S.
determination of POW status, it supports the U.S.
willingness to allow visitation of detainees in
Afghanistan and Guantanamo Bay.
12/01
"To those . . . who scare peace-loving people with phantoms of lost
liberty, my message is this: Your tactics only aid terrorists, for
they erode our national unity and diminish our resolve."
Excerpt from a prepared statement by Attorney General
John Ashcroft delivered to the Senate Judiciary Committee on
December 6, 2001. In effect, the Attorney General is questioning
the patriotism of Chairman Leahy and other Committee members. If
this also isn't a deliberate challenge to the
Senate Judiciary Committee's oversight role- I can't
(or don't) want to imagine what is.
The Committee focused on the need for a Congressional role in
rules governing the use of military tribunals. The
Attorney General indicated that it was the Defense Department's job
to come up with rules and standards- not Congress or the Justice
Department. However, for Ashcroft to imply that the Justice
Department will not heavily influence those
decisions is ludicrous. Further, there is apparently a strong
constitutional case that Congress should also play a
role.
Ashcroft's treatment of the Judiciary Committee
appears to be part of a consistent pattern by the Bush
Administration of challenging Congressional power and access to
government documents. This stance has lead Representative Dan
Burton, a Republican and Chairman of the Government Reform
Committee, to threaten to take the administration to court. Burton
quipped, "This is not a monarchy." See: Washington Post December 15,
2001 article by Dana Milbank, entitled, "Growing
Conflict Over Presidential Powers."
11/01
In a November 16, 2001 syndicated column
appearing in the Houston Chronicle entitled,
"Bush Going to Far Curtailing Our Rights," highly respected journalist
Helen Thomas wrote:
"The Bush
administration is using the national trauma and state of emergency
resulting from the Sept. 11 terrorist attacks to trample the
Bill of
Rights... Attorney General John Ashcroft, in particular, is
riding roughshod over individual rights."
"...He is now using the war in Afghanistan and on the
home front to push his own ideology. An egregious example is his
approval of a rule that permits the
Justice Department to eavesdrop on the confidential conversations
between lawyers and some clients in federal custody. These clients
include suspects who have been detained but not charged with a crime
whenever the government says such steps are necessary to prevent
acts of terrorism."
"...The
new anti-terrorism law that Congress passed last month has given
him a much freer hand to deal with such matters - and to curb basic
rights. The law permits the government to detain or deport suspects,
eavesdrop on Internet communications, monitor financial transactions
and obtain electronic records on individuals.
Middle Easterners, especially students, are
special targets - one more example of racial profiling, which
apparently is in style again."
"...In another action, Ashcroft moved to inhibit
press freedom, a First Amendment right, by encouraging federal
agencies to use the pretense of national security to hide public
records that the press is ordinarily entitled to receive under the
Freedom of
Information Act."
"...On Tuesday night, after declaring an
"extraordinary emergency," President Bush announced he had issued a
directive
claiming the power to order military trials for suspected
international terrorists and their collaborators. That directive,
which applies to non-U.S. citizens arrested here or abroad, allows him
to take the highly unusual step of bypassing the nation's criminal
justice system with its rules of evidence and constitutional
guarantees. I think that would be a mistake."
"...In his [Attorney General John Ashcroft's]
headlong rush to ignore the Constitution, he should remember the words
of Benjamin Franklin:
"If we give
up our essential rights for some security, we are in danger of losing
both.""
See:
American Civil
Liberties Union Report: "Know Your Rights.";
A November 19, 2001 article in the Washington
Post by Dana Milbank entitled, "Bush
Team Consolidating Power in the Presidency," outlines the
frightening degree to which the Bush presidency is shifting the
balance of power to the Executive branch, accelerating a trend begun
before the events of 9/11. According to the article, Tim Lynch,
Director of Criminal Justice at the libertarian
Cato
Institute wrote:
"A
single individual (George Bush) is going to decide whether the war
is expanded to Iraq. A single individual is going to decide how much
privacy American citizens are going to retain."
As Alexis DeTocqueville wrote in 1831:
...It is therefore most
especially in the present democratic times, that the true friends of
the liberty and greatness of man ought constantly to be on the
alert, to prevent the power of government from lightly sacrificing
the private rights of individuals to the general execution of its
designs. At such times, no citizen is so obscure that it is not very
dangerous to allow him to be oppressed; no private rights are so
unimportant that they can be surrendered with impunity to the
caprices of a government....To violate a right at the present
day is deeply to corrupt the manners of the nation, and to put the
whole community in jeopardy, because the very notion of this kind of
right constantly tends amongst us to be impaired and lost.
The
political world is metamorphosed: new remedies must henceforth be
sought for new disorders. To lay down extensive but distinct and
settled limits to the action of government; to confer certain rights
on private persons, and to secure them the undisputed enjoyment of
those rights; to enable individual man to maintain whatever
independence, strength, and original power he still possesses; to
raise him by the society at large, and uphold him in that position,
these appear to me the main objects of legislators in the ages upon
which we are entering.
See: Democracy In
America- Not.
If national security is used as a pretext for the sacrificing of
private rights, then ALL of our freedoms can be called into question
at anytime. Citizenry will be enveloped in a state of perpetual
paranoia and fear. Further, there is no established correlation between the
sacrifice of private rights and increased national security. However
the later is often used, mistakenly, as a pretext for the former.
The real cause of our inability to prevent the events of
9/11 is the weakness in our gathering and analysis of overseas human
and electronic
intelligence and the inability and/or unwillingness of our
intelligence agencies/bureaucracies to coordinate their efforts.
Recent news reports suggest that warnings of related terrorist
threats were provided by groups and officials of the FBI,
NSA
and CIA months or even years before 9/11. Yet due to executive and
inter/intra agency incompetence and/or negligence these
warnings were never relayed to and/or taken seriously enough by the
NSA/FBI/CIA headquarters and the Executive Branch, including the
President. See Washington Post 5/17/02 article by Barton Gellman,
"Before September 11, Unshared Clues and Unshaped Policy."
See also the 5/27/02 Time Magazine report,
"When America
Slept, What did Bush know before 9/11? Why was so little done? How
broken is the system?" and 5/25/02 Washington Post
article by Bill Miller and Dan Eggen,
"FBI Culture Blamed for Missteps on Moussaoui." Zacarias Moussaoui
was the alleged "20th hijacker" in the Sept. 11 attacks.
Also: 6/4/02, Washington Post article by Walter Pincus:
"CIA Failed To Share Intelligence On Hijacker [Khalid
Almihdhar, who was on Flight 77, which crashed into the
Pentagon]: Data Could Have Been Used to Deny Visa." See
also, 7/16 NBC News article on the House Intelligence
Subcommittee on Terrorism and Homeland Security Report,
"Report skewers spy agency failures." According to
the
article, the House report takes aim at, "...the failings of
the National Security Agency, the government’s largest spy
agency, which translates and analyzes global
telecommunications and radio traffic." More recently,
a 9/19/02 article in the Washington Post by Dana Priest
and Dan Eggen entitled, "9/11
Probers Say Agencies Failed to Heed Attack Signs," indicates
that according to a joint congressional intelligence panel
report, there needs to be "...a more in-depth, independent
inquiry and for answers about President Bush's actions
regarding al Qaeda threats in the months and days leading
up to the attacks." Senator Richard C. Shelby,
ranking Republican on the Senate Intelligence Committee,
also believes that, " ...There are a lot of other things
that I believe we don't know... As a matter of fact I
believe that there will be more more information coming
out of this joint [Congressional] inquiry. Some, I know,
will be very, very sensitive. Some should be brought to
the attention of the American people...I think there are
some more bombs out there...I know that." -
Alison Mitchell, New York Times, 9/10/02.
However, none of the above assertions are intended to denigrate the
work of dedicated intelligence field professionals who work hard
every day to stave off threats both foreign and domestic.
Further, there can be no long term
solution to terrorism until its root political, economic
and societal causes are fully understood and addressed.
A government that usurps and abuses power is a
threat to the security and well being of its' citizens. Drawing an
analogy to the suspension of rights during World War II is
ludicrous- can anyone today justify the internment and relocation of
120,000 people of Japanese ancestry in the 1940's? The WWII analogy
is especially dangerous today given that the American people are
told that the threats against them are perpetual- a war without end-
hence a permanent suspension of rights.
10/01
The USA Patriot Act (USAPA) bill was signed into law on
10/26/01. It appears that the legislation has the same compromises to civil
liberties that raised concerns when the bill was under consideration
by Congress. These include:
 |
| Allowing government to collect unspecified,
undefined information about web browsing and email without
meaningful judicial review.
|
 |
| Allows ISPs, universities and network
administrators to authorize surveillance on others without
judicial order.
|
 |
| Allows FBI to go from phone to phone, computer
to computer, without assurance that the device is used by a
suspected terrorist. |
 |
| Criminal wiretaps could be conducted using the
lower standards for foreign intelligence, without showing
probable cause for a crime.
|
 |
| Allows intelligence agencies to receive,
mainly
with no judicial controls- information collected domestically in
criminal cases.
|
 |
| Allows law enforcement agencies to search homes
and offices without notifying the owner right away ("sneak and
peak" authority). |
 |
| There are other areas of concern, including
disclosure of educational records, standards for FISA pen
registers, definition of federal crime of terrorism, duration of FISA taps and searches, access to banking, credit and other
consumer record, agent of foreign power standards, etc. |
 |
| Over breadth with lack of focus on terrorism,
including dramatic increases to the scope and penalties of the
Computer Fraud and Abuse Act.
|
See Electronic
Frontier Foundation, Center
for Democracy & Technology, Free
Speech and
EFF Analysis Of The Provisions Of The USA PATRIOT Act, That Relate
To Online Activities (Oct 31, 2001).

Aftermath
of the terrorist events of September 11, 2001:
How you can
help:
Also, contact your state Senators
and local Congressional
Representatives and voice your opinions and concerns. FBI reports relating to the September 11
incidents can be filed at: http://www.fbi.gov
or called in: 1-866-483-5137.
Chemical and
Biological threat information is available at
MEDLINEPlus. The
CDC has
public health alert, advisory and
emergency information.
Kaisernetwork.org is a useful compendium
of resources and analysis on challenges to the
public health system.
The
New York World Trade Center Memorial
provides a forum to leave condolence messages
for the family and friends of terrorist
victims: "In memory of all the
precious lives lost in this tragic
event."
Commentary:
Our government must be guided
by an understanding that the risks to world peace are great.
Let us pray the United States does not unwittingly catalyze a
chain of events leading to World
War III. Brute use of military power will fail
and may trigger a third World War. A war where a terrorist
nation can inflict millions of causalities with only a few-
where the weak can slay the mighty. To deny this possibility
or to not anticipate it, is reckless and irresponsible. Let us
pray our leaders are not blinded by arrogance and/or an over
estimation of our own strength. Let them exercise wisdom and
judgment. While we must not be paralyzed by our fears, we must nonetheless acknowledge our fear and recognize its'
basis. The world has much to fear now and in the future.
However, the hope is that good men and women acting with
wisdom and sound judgment will prevail and that the use of
military force will only be to the extent necessary to reduce
the threat. To exert military force beyond this and/or to not
anticipate its consequences is dangerous beyond imagining. We
must act in accordance with international law for to not do so
is to give more excuse to our enemies to continue to violate
the tenets of human existence.
See:
ZNet Magazine. Also, Michael
Moore has some poignant perspectives on the events
of 9/11. AlterNet.org
has insightful articles related to news, analysis
and history.
The government of the United Kingdom has recently published a
summary
of evidence linking Bin Laden and Al Qaida to the attacks on
9/11 and other terrorist activities.
Compelling evidence of Bin Laden and Al Qiada's guilt is
provided in a video taped conversation that occurred in mid
November in Afghanistan between Bin Laden and
others. In December 2001, the U.S. Defense Department released
the tape to the general public. Bin Laden is recorded as saying:
"(...Inaudible...) we calculated in advance the number of
casualties from the enemy, who would be killed based on the
position of the tower. We calculated that the floors that would
be hit would be three or four floors. I was the most optimistic
of them all. (...Inaudible...) due to my experience in this
field, I was thinking that the fire from the gas in the plane
would melt the iron structure of the building and collapse the
area where the plane hit and all the floors above it only. This
is all that we had hoped for."
"...He did not know about the operation. Not everybody knew
(...inaudible...). Muhammad ((Atta)) from the Egyptian family
(meaning the Al Qa'ida Egyptian group), was in charge of the
group."
In late September 2001, The Spectator
published an interesting article,
"Ground Zero and the Saudi Connection," by Stephen Schwartz,
outlining, in part, the support Islamic extremists have from the
Saudis. Quoting from the article:
" [According to]
Seyyed Vali Reza Nasr, professor of political science at the
University of California at San Diego, and author of an
authoritative volume on Islamic extremism in Pakistan, ‘If the
US wants to do something about radical Islam, it has to deal
with Saudi Arabia. The “rogue states” [Iraq, Libya, etc.] are
less important in the radicalisation of Islam than Saudi Arabia.
Saudi Arabia is the single most important cause and supporter of
radicalisation, ideologisation, and the general fanaticisation
of Islam.’ " |
Reconsider? On July
26, 2001, the Bush Administration rejected a draft agreement
designed to help enforce the 1972 Biological
and Toxin Weapons Convention, to which the United States is a
signatory. According to Donald Mahley, chief U.S. representative at
the negotiations, the agreement on inspections and other enforcement
mechanisms contained "serious, substantive" flaws that
could lead to harassment of U.S. government laboratories and theft
of industrial secrets. However, almost all of the 55 nations
represented at the talks supported the protocol. Given the dangers
of proliferation, made even more evident by recent events, perhaps
the U.S. should change its' stance or at a minimum be forthcoming
with alternative proposals that have enforcement teeth. See the Washington
Post article, "U.S. Rejects Biological Arms Ban Protocol,"
7/26/01 by Glenda Cooper and
The Guardian, 10/29/02 article, "US
Weapons Secrets Exposed," by Julian
Borger. The Borger article states:
"Malcolm Dando, professor of
international security at the
University of Bradford, and Mark
Wheelis, a lecturer in microbiology at
the University of California, say that
the US is encouraging a breakdown in
arms control by its research into
biological cluster bombs, anthrax and
non-lethal weapons for use against
hostile crowds, and by the secrecy
under which these programmes are being
conducted.
"There can be disagreement over
whether what the United States is
doing represents violations of
treaties," Mr Wheelis told the
Guardian. "But what is happening is at
least so close to the borderline as to
be destabilising.""
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