Patriot Days of Action
A National Week of Action: July 2-8, 2005
| Patriot
Days of Action Overview Objectives Menu of Event Suggestions Fliers, Op-eds, Press Materials, more |
Talking Points
This is the year that Congress reconsiders the USA PATRIOT Act. House and Senate committees have already held hearings to debate whether to reauthorize or amend parts of the Act or to allow them to expire, and to consider possibly expanding other provisions. Now, more than ever, we must clearly demonstrate to Congress that the American public will not settle for anything less than our full constitutional rights.
The following points provide information we hope you will find useful for media interviews, meetings with Congressional representatives, and for talking with neighbors and friends about the importance of protecting constitutional guarantees against government abuse of power.
- The American people are clearly opposed to post-9/11 antiterrorism measures that threaten civil liberties.
Seven state legislatures and over 385 city and county governments have passed resolutions, at the request of local residents, opposing provisions of the PATRIOT Act and other laws and policies that infringe on the rights and liberties guaranteed by the U.S. Constitution and Bill of Rights (see full list). Nearly 62 million people now live in these “Civil Liberties Safe Zones.” Opinion polls further demonstrate widespread concern about federal excesses, showing that only half of the American people think the government has done an adequate job protecting rights since 9/11, and that the majority oppose expanding FBI powers. Congress must consider the overwhelming consensus of the American public when debating the PATRIOT Act and other antiterrorism measures.
- Open public hearings on the PATRIOT Act are essential to restoring confidence in our government.
Under pressure to pass legislation that would protect the country from further terrorist attacks, Congress passed the USA PATRIOT Act shortly after September 11, 2001. The Act was passed without public hearings, while the 342-page bill was still warm in the hands of Congress. Since that time, we have seen that the legislation not only threatens civil liberties, but has been primarily used in cases that are unrelated to terrorism. Recently, the Senate Intelligence Committee has attempted to keep the public out of the reauthorization debates by holding closed-door markups of PATRIOT Act reauthorization legislation. Congress should not consider the PATRIOT Act, the sunsets, or any further antiterrorism legislation without vigorous and open public discussion.
- The sections of the PATRIOT Act subject to sunset must be adequately addressed by Congress to protect constitutional guarantees.
When the PATRIOT Act was passed, some members of Congress saw the need for safeguards and added “sunset” dates to several provisions in order to ensure that there would be an opportunity to reconsider parts of the Act after the initial shock of 9/11 dissipated. Sixteen provisions will cease to have effect on December 31, 2005, unless reauthorized by Congress: 201, 202, 203(b), 203(d), 204, 206, 207, 209, 212, 214, 215, 217, 218, 220, and 223. Of these, several are extremely problematic in that they allow for greater FBI surveillance powers with limited judicial oversight. See EPIC's sunset page for more information. Congress should either allow these troubling sections to expire, amend them, or at the very least give them a new sunset date.
- The government has not proven the need for the powers granted by the PATRIOT Act or for new antiterrorism tools.
The 9/11 Commission concluded that it is up to the government to prove certain powers are necessary to enhance security. The Department of Justice (DOJ) has not met this burden of proof. In fact, Congressional committees responsible for overseeing the new antiterrorism powers have not obtained the information they need to provide meaningful oversight. The DOJ has often stonewalled Congressional inquiries about DOJ use of the PATRIOT Act. Nonetheless, Congress is currently considering new proposals that would expand the Act by granting the FBI “administrative subpoena” powers, and that would give intelligence investigators unchecked power to monitor mail and Internet activities without probable cause. Until and unless the DOJ proves a need for a tool, and acquires agreement from the American people, Congress should not issue further tools, and should amend or rescind current antiterrorism tools that diminish constitutional protections.
- Several proposed bills and other steps would help restore rights and liberties.
Many bills that address the excesses of the PATRIOT Act have been introduced in the 109th Congress with bi-partisan support, including the SAFE Act, the Freedom to Read Protection Act, and the Civil Liberties Restoration Act. See www.bordc.org/threats/legislation.php for more information. Additionally, several other steps must be taken to protect civil liberties. Among other things, the FBI should be required to provide a factual basis for surveillance; all provisions of the PATRIOT Act that grant authorities to the Department of Justice should be modified to include checks and balances; and material support provisions should be altered to account for intent. Congress should take immediate action to pass and create legislation that addresses the many threats to constitutional rights and liberties created by post-9/11 antiterrorism measures.
- In addition to the PATRIOT Act, several other laws and policies that threaten civil liberties must be recognized and addressed.
The PATRIOT Act has become the recognizable “brand name” given to post-9/11 disregard for civil liberties and constitutional principles, but it is far from the only or even the most troubling government action since 9/11. Other orders and legislation aim steady assaults on our fundamental rights and liberties, including the Homeland Security Act, the Executive Order that established military tribunals, the Attorney General’s Investigative Guidelines that permits the FBI to conduct surveillance of religious and political activities, and the REAL ID Act. See a list of threats to civil liberties. Congress should consider all of the laws and policies that threaten civil liberties in the PATRIOT Act debates, and should amend or rescind them to protect constitutional freedoms.