A Resolution Opposing the USA PATRIOT Act and Calling for the Protection of Civil Liberties
North Carolina Academy of Trial Lawyers
"Those who would give up essential liberty to purchase a little
temporary safety deserve neither liberty nor safety."
Benjamin Franklin
WHEREAS: the Bill of Rights in the United States Constitution and the Declaration of Rights in the North Carolina Constitution affirm inalienable liberties of the people which are secured against the powers of our federal and state governments, respectively; and
WHEREAS: the North Carolina Academy of Trial Lawyers has a long and distinguished history of protecting the rights of North Carolinians; and
WHEREAS: the members of the North Carolina Academy of Trial Lawyers find the erosion of civil rights to be an alarming threat to the democracy and freedom which define the United States; and
WHEREAS: the attacks on the World Trade Center and Pentagon on September 11, 2001, prompted the federal government to declare a "war on terrorism," which encompassed the rushed passage of sweeping federal legislation known as the USA Patriot Act; and
WHEREAS: We believe that the following inalienable rights of the people, found in the Bill of Rights in the United States Constitution and in the North Carolina Constitution, respectively are now directly threatened by many provisions of the "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and obstruct Terrorism Act of 2001" (USA Patriot Act):
1. The First Amendment, which provides that no law shall be made "abridging the freedom of speech, or of the press; or the right of the people e peaceably to assemble, and to petition the Government for a redress of grievances";
2. The Fourth Amendment, which declares, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized";
3. The Fifth Amendment, which states that no person "shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law";
4. The Sixth Amendment, which guarantees defendants "the right to a speedy and public trial, by an impartial jury and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense";
5. The Eighth Amendment, which states, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"; and
6. The Fourteenth Amendment, which prohibits the government from denying "to any person within its jurisdiction the equal protection of the laws."
WHEREAS: We believe these inalienable rights are now directly threatened in the following ways:
1. The USA Patriot Act's ambiguities and vast scope greatly expand the government's power to invade and control the everyday lives of citizens and non-citizens alike, in that this Act:
(a) Inhibits constitutionally protected speech through vague and overly broad definitions of "terrorism" and creation of the new crime of "domestic terrorism," the interpretation of which resides exclusively in the hands of the Attorney General and the President (Sections 411, 412, 802, 808);
(b) Virtually eliminates judicial supervision of telephone and internet surveillance (Sec. 216);
(c) Greatly expands the government's authority to conduct secret searches (Sections 209, 213, 215, 218-220);
(d) Grants the FBI broad access to individual medical, mental health, financial, employment, and educational records without having to show evidence of a crime and without a court order; and
(e) Permits the FBI to track individual book borrowing in libraries and book purchases and video rentals in stores and makes it a crime for librarians and vendors to reveal their knowledge of such tracking (Sec. 215);
2. Federal Executive Orders and federal government actions since September 11, 2001, have been implemented to:
(a) Permit wiretapping of conversations between federal prisonersand their lawyers (Justice Department, Bureau of Prisons, 28 CFR 501.3 October 31, 2002);
(b) Eliminate Justice Department regulations against illegal COINTELPRO-type operations by the FBI - covert activities that in the past targeted domestic groups and individuals (Attorney General's Guidelines, May 30, 2002);
(c) Establish secret military tribunals for terrorism suspects, including both citizens and non-citizens (M.O., 11/13/01);
(d) Permit thousands of men, mostly of Arab and South Asian origin, to have been held for many months in secret custody, most without any charges filed against them, with publication of their identities and location, and without confidential access to counsel or meaningful access to the federal courts (28 CFR 501.3, 10/31/02); and
(e) Limit the release of public documents and records in many subject areas which have previously been available under the Freedom of Information Act (Attorney General's Memorandum, October 12, 2001), and
WHEREAS: The provisions of the Constitution apply in wartime as in peace; and to violate or depart from them, under the plea of necessity or any other plea, is subversive of good government; and
NOW, THEREFORE, BE IT RESOLVED: That the North Carolina Academy of Trial Lawyers:
1. Declares and affirms that the USA Patriot Act, and a number of recent federal Executive Orders, contain provisions which taken together, constitute an assault with few historic precedents upon the civil liberties and human rights established for the people of the United States of America;
2. Maintains that the United States Constitution, including the Bill of Rights, is the ultimate legal authority whenever its provisions conflict with those of the USA Patriot Act, or federal Executive Orders;
3. Urges Congress to repeal the provisions of the USA Patriot Act that violate civil rights or liberties as specified in the Bill of Rights, the U.S. Constitution, or the North Carolina Constitution and urges appropriate officials in the federal government to repeal related executive and military orders and directives that erode our civil liberties; and
4. Urges the Governor of North Carolina and the General Assembly to carefully review and evaluate the USA Patriot Act in light of infringements of the rights and liberties of North Carolina citizens and non-citizens.