Saturday, October 29, 2005

Meanwhile...

...while every news organization and blogger has been endlessly fussing over the minutiae of the Fitzgerald investigation (which may certainly lead to something quite big, eventually), in real time the Patriot Act has been effectively made permanent.

Rachel Neumann writes in AlterNet:

Most of the provisions of the USA Patriot Act, including access to library records, were supposed to "sunset" this month, five years after the law's passing. Instead, both the House and the Senate have already voted to renew the entire act, with only minor revisions. While they're at it, they'd like to add some decidedly unpatriotic amendments to expand the death penalty.

These new amendments would let prosecutors shop around for another jury if the one they have is deadlocked on the death penalty; triple the number of terrorism-related crimes eligible for the death penalty; and authorize the death penalty for a person who gives money to an organization whose members kill someone, even if the contributor did not know that the organization or its members were planning to kill.

Read the fine print of the original legislation here.

The Nation puts it as bluntly as it's possible to put it in a piece aptly titled "A Constitutional Disaster":
The Patriot Act has been and will continue to be used mainly against ordinary Americans accused of crimes unrelated to terrorism, or those who disagree with government policies or happen to be immigrants or of the Muslim faith.

The result is likely to be an enduring shift of power from the legislative and judicial branches to the executive branch--and less privacy and liberty for all.

... Although the secrecy and gag orders in the law make it difficult to know the full extent of abuses, the Patriot Act has been notoriously used against innocent people like Portland attorney Brandon Mayfield (wrongly accused of involvement in the Madrid bombings); Muslim student Sami al-Hussayen (wrongly accused of material support for terrorism by exercising First Amendment rights to post publicly available material on his website); and foreign professors and intellectuals (including moderate Muslim professor Tariq Ramadan, who could have helped build bridges to the Muslim world but was excluded from accepting a professorship at Notre Dame through the Patriot Act).

The government has initiated deportation proceedings against even lawful permanent residents for engaging in constitutionally protected speech reflecting viewpoints with which the government disagrees, while major Muslim charities have had their assets frozen based on unchallengeable secret evidence. In one reported court case, an unnamed Internet service provider was even served with a national security letter that was later declared unconstitutional by a federal court on the grounds that it invaded Fourth Amendment privacy, by forcing disclosure of e-mail and websurfing records, and infringed First Amendment free speech by prohibiting the ISP from telling anyone about the letter.

...

Sadly, the Patriot Act's renewal is about raw power--and maintaining power even at the cost of American values and what are, after all, deeply conservative but widely shared principles. How else can one explain the distortions and deceptions described above and the massive betrayal of the core conservative tenets of respect for the Constitution and Bill of Rights, limited government, individual liberty, federalism and the rule of law? How else can one explain the most democratic arm of government, the House of Representatives, ignoring the broad nonpartisan concern expressed about the Patriot Act in the resolutions independently passed by Bill of Rights Defense Committees in nearly 400 communities (and seven states) nationally, not to mention the 18,000 cities covered by the National League of Cities resolution, and similar resolutions and concerns raised by myriad other organizations? Legislators representing the 400 districts that specifically passed resolutions were more inclined to be critical, but those from other districts were overwhelmingly passive on the issues or complicit in undermining liberty.

Thomas Jefferson believed that "an informed democracy will behave in a responsible fashion." But the converse is also true: Systematic deception blocks responsible democracy. We would do well to recall the oft-repeated words relating truth and liberty: "Know the truth, the truth shall set you free."

Read the whole article...

The Bill of Rights Defense Committee site offers numerous resources and ways for communities to take action. And of course, the ACLU does as well.

One of the highlights of the responsible and high-minded legislative discussions of this important bill is described unforgettably in "Four Amendments and a Funeral" by Rolling Stone's Matt Taibbi:
As chairman of the Judiciary Committee, [Wisconsin Republican James] Sensenbrenner is the majority lawmaker in whose scaly womb the Patriot Act gestated until its recent delivery to Rules. Though he was here as a witness, his obvious purpose was to bare his fangs in the direction of anyone or anything who would threaten his offspring.

Sensenbrenner is your basic Fat Evil Prick, perfectly cast as a dictatorial committee chairman: He has the requisite moist-with-sweat pink neck, the dour expression, the penchant for pointless bile and vengefulness. Only a month before, on June 10th, Sensenbrenner suddenly decided he'd heard enough during a Judiciary Committee hearing on the Patriot Act and went completely Tasmanian devil on a group of Democratic witnesses who had come to share stories of abuses at places like Guantanamo Bay. Apparently not wanting to hear any of that stuff, Sensenbrenner got up midmeeting and killed the lights, turned off the microphones and shut down the C-Span feed, before marching his fellow Republicans out of the room -- leaving the Democrats and their witnesses in the dark.



1 comment:

Gruntled said...

The worst part is, they wanted to do all of this before 9/11, and were just waiting for an excuse.