Bill of Rights Defense Campaign

Action Suggestions from January 3, 2006, Conference Call

On January 3, the BORDC hosted a conference call that brought together representatives of more than 30 local groups from 19 states to discuss strategies in anticipation of congressional votes to reauthorize expiring PATRIOT Act provisions expected by February 3, 2006. House and Senate leadership often reminds opponents of the PATRIOT Act reauthorization bill that their committees held many hearings leading up to reauthorization. However, those hearings failed to uncover the following revelations of widespread government infiltration, spying and wiretapping – with political groups often as the target - which were uncovered by the media and watchdog organizations, such as the following:

On October 24, we learned that the FBI has conducted clandestine surveillance on some U.S. residents for as long as a year and a half without proper paperwork or oversight.
On November 6, we learned the Department of Justice has been using 30,000 national security letters a year to gain access to many thousands and possibly millions of hotel, car rental, phone, bank, and other records on ordinary people.
On December 16, the American public learned the President has ignored judicial oversight by ordering the National Security Agency (NSA) to intercept electronic communications of U.S. residents.
On December 21, we learned that counterterrorism agents at the FBI have conducted surveillance and intelligence-gathering operations on political groups, rather than using those “appropriate tools required to intercept and obstruct terrorism” to actually intercept and obstruct terrorism.

New Hearings–and a New Bill

The Patriot Act reauthorization was passed in late July. It’s clear that additional hearings and crafting of a new bill is necessary to respond to this deluge of information about how the government has used and misused its power. Hearings must be held to determine how to safeguard the fundamental liberties guaranteed in the Bill of Rights.

Opportunity for New Alliances

The President’s unapologetic and illegal wiretapping of communications involving ordinary Americans is a betrayal felt across the political spectrum, and gives us opportunities to organize in our communities far beyond our usual alliances.

The mainstream financial journal, Barron's, mentioned the word “impeachment” twice in a December 26 editorial, stating that “Willful disregard of a law is potentially an impeachable offense.”
Conservative columnist George Will charged that the “president’s authorization of domestic surveillance by the National Security Agency contravened a statute’s clear language,” and urged President Bush to stop pressing to expand his powers to act without Congress.
Editorials, both national and local have consistently criticized the usurpation of powers to wiretap. “Let’s be clear about this: illegal government spying on Americans is a violation of individual liberties, whether conditions are troubled or not.” New York Times, December 18, 2005.

Raising Our Voices

Congress reconvenes in late January – the Senate on January 18, and the House of Representatives on January 31, just three days before the 16 provisions of the PATRIOT Act reach its new sunset date of February 3. There is time to amplify the voices of ordinary Americans so they ring loudly in the halls of Congress.

Feel free to use one or two, or several of the following actions in combination.

Gather your allies and call them to action. Pull out the list of endorsers and supporters from your community resolution campaign and other efforts. It’s time to call the most influential members of your community—city councilors, the mayor, state senators and representatives, librarians, booksellers, and business owners, educators, and attorneys--together for a series of actions to show your senators and representative that the people they represent are serious about protecting essential freedoms. As you plan meetings with your Congress members, try to take some community clout with you.
Use the BORDC’s talking points to craft a message unique to your community.
Set up in-district meetings with your Congressional representatives. All of Congress is on a Thanksgiving recess, so it’s time to make those calls to set up in-district meetings with your Senators and Representatives. It’s also possible you can coordinate a meeting with another group that’s already scheduled. So, find out what your Senators and Representatives have planned during their break, and squeeze your contingent in for a meeting. Let us know so we can inform other local BORDCs and other organizations that may have members in the district.
Look up your Congress member’s record on the Sanders and Otter Amendments. Representatives from both sides of the aisle supported these two amendments to protect civil liberties. If your representative supported either or both of these amendments, it provides some immediate common ground to build on.

The Otter Amendment passed the House of Representatives overwhelmingly on July 22, 2003. It was attached to an appropriations bill, and had it passed in the Senate, it would have removed funding for Section 213, the sneak and peek provision. Representatives on both sides of the aisle supported the amendment, which passed 309 to 118. Check this roll call vote to see how your representative voted.

The Sanders Amendment (Bernie Sanders, I-VT) passed the House of Representatives on June 15, 2005. It passed 238 to 187, but was never included in the final reauthorization bill. The Republican leadership did not allow it to be considered. The Sanders Freedom to Read Amendment would have prohibited Justice Department expenditures to implement Section 215 regarding investigations at libraries and bookstores. Check this roll call vote to see how your representative voted.
Take a copy of the Book of Resolutions to the meeting with Congressional representatives. In summer 2005, the Bill of Rights Defense Committee compiled all the resolutions passed by communities, counties, states, and even by organizations into a 470-page book (PDF). An updated version is available for download on the BORDC website. Printing and binding the book at a local copy shop can make an effective presentation to show your Congressional representatives the widespread insistence on protecting our Bill of Rights from around the country.

On December 14, Wisconsin Senator Russ Feingold held up the Book of Resolutions in a floor speech, as he said, “The PATRIOT Act needs to be changed. And these voices came from the left and the right, from big cities and small towns all across the country. So far, over 400 State and local governmental bodies have passed resolutions calling for revisions to the PATRIOT Act. I plan to read some of those revisions on the floor of the Senate in this debate, and there are a lot of them.”
Encourage your city, town, or county clerks to resend civil liberties resolutions to members of Congress.
Attend your senators’ and representative’s town meeting. Make sure your allies attend any town meetings that your members of Congress have planned, and that they are ready to ask good questions. Call the members’ Washington or district office to find out when and where town meetings will take place. Let us know about any scheduled town meetings.
National Call-In Day. BORDC is coordinating with groups across the country to designate a single day as Civil Liberties Day – one in which we will all call our Congressional representatives’ offices. Locally, you can create a phone tree to enlist more people into the call-in day.
Demonstrate or hold a vigil against the President’s seizure of power to wiretap and march to local Congressional offices, if your Congress member refuses to stand up to misuse of executive power.
Set up Editorial Board meetings at your local newspaper. This can generate news coverage for your local group as you organize against the reauthorization and set up meetings with your Congressional representatives. It can also be a service to local editors and writers who may not follow PATRIOT Act issues on a regular basis, and may help in convincing editors to run an opinion editorial written by someone in your group.
Organize a “Circle of Scribes” and launch a campaign to generate letters-to-the-editor and letters to your senators or representative. Gather all those in your community who want to write letters or set up a table at a local event, with a sample letter and some suggested talking points. By yourselves, you might write a letter or two, but by meeting together, you can come up with an entire letter-writing campaign to stimulate public dialogue and discussion.
Take out a full-page advertisement in the local newspaper. This may be easier and more affordable than you think. Consider running a signature advertisement, and ask each person who signs to contribute $5 or more -- you may be surprised at how fast you collect funds, when you give people an opportunity to publicly defend the Bill of Rights. Be sure to time this to coincide with your Congressperson’s return to the community, and just to make sure she or he sees it, clip it out and send several copies to the Congressional office, along with a letter. Click here for sample ad.
Hold a public forum or film showing. Consider showing “Unconstitutional” or “Beyond the Patriot Act.” Invite your Congressional representatives. It’s important now more than ever to spread the message throughout your community that our fundamental liberties are at risk. We only have a few weeks to make sure the Congress stops the reauthorization and starts hearings into how these powers have been used over the past 4 years. Public education is essential to increase the size of our movement.
Team up with other Bill of Rights groups in your state. Together, you can coordinate meetings with your U.S. Senators. Chances are, the Senators will have scheduled public meetings of their own while they’re back in the district. Make sure all the meetings they schedule (no matter what the subject matter) are attended by at least a few Bill of Rights defenders, and challenge the Senator publicly to promise to only vote yes for a reauthorization bill that provides significant oversight. (If you aren’t familiar with other groups in your state, contact Linda for the east region, lstone@bordc.org, or Hope for the west region, hmarston@bordc.org)

This is a critical time to ensure that the extensive powers granted by the PATRIOT Act are not expanded and that new controls are placed on its misuse. Please contact your senators and representatives.