Dissent Is Patriotic
The Bill of Rights Defense Committee's e-mail newsletter
September 2005, Vol. 4, No. 7
In this issue:
- Patriots in Action
- New Actions and Resources: Remind Congress of Judge Roberts's Ethical Lapse, Anti-torture Lobby Week, Oct. 26 PATRIOT Act Anniversary, 3 New Reports
- In the Courts: Decision on U.S. Citizen "Enemy Combatants," Judge Revokes Gag in “John Doe” Case
- Resolution News: First Resolution in South Dakota, California State Resolution Still Alive
- Local Highlights: New Jersey Activists Take on DHS Audit, Legislative Visit in North Carolina Pays Off
- Other News: CRP Delivers 200,000 Petition Signatures to Congress, Guantánamo Hunger Strike Continues
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Patriots in Action
In this issue, we highlight the work of dedicated volunteers who are engaged in education and action to bring about liberty and justice for all:
- In South Dakota, Rapid City has become the state's first municipality to enact a civil liberties resolution and has become the country's 395th "civil liberties safe zone." The combined population of the 388 communities and 7 states exceeds 62 million.
- The New Jersey Civil Rights Defense Committee has been guarding against attempts to make the Department of Homeland Security's audit of immigrant detention facilities in their state a bureaucratic whitewash.
- A group of North Carolina residents were among many groups that proved the effectiveness of organizing and holding in-district meetings during Congress's August recess.
- In California, statewide resolution SJR 10 awaits the legislature's return in January, following its fall recess.
- The national Campaign for Reader Privacy delivered 200,000 petition signatures to Congress this month.
News from Washington and the courts has been mixed:
- A judge has disputed the FBI's argument for gagging a librarian to whom it had served a National Security Letter, and has ruled that the gag order should be lifted, pending the Bush administration's appeal.
- The U.S. Court of Appeals for the 4th Circuit has overturned a lower court's ruling that U.S. citizen "enemy combatant" Jose Padilla must be charged or released. The ruling, if allowed to stand, gives the president unprecedented new power to detain anyone indefinitely without charges.
- In Congress, the final USA PATRIOT Act reauthorization bill that is expected to emerge from the conference committee for a vote in the next few weeks is unlikely to satisfy any of our readers. Nevertheless, it is important for all of us to keep voicing our concerns to our legislators throughout the process and to insist that the process be open.
The message is clear: We can't depend on Congress, the administration, the courts, or the bureaucrats to uphold our Constitution and Bill of Rights; we can only rely on ourselves. We hope the stories and suggestions in this issue will inspire those of you who have been looking for ways to be effective in protecting and restoring civil liberties. Many of you inspire us every day.
New Actions and Resources
Remind Congress of Judge Roberts's Ethical Lapse
Throughout his confirmation hearings, John Roberts has refused to answer questions about his views on executive power, international treaties, and other civil liberties issues. Given his recent ruling in the Hamdan v. Rumsfeld case, which supported unlimited power for the White House and overlooked the Geneva Conventions, Judge Roberts's perspective on these issues is of critical importance. Furthermore, his recent ethical lapse – he was interviewed for the Supreme Court job while he was hearing the case – deserves extra scrutiny.
What you can do: Send an email to your Senators via the Center for Constitutional Rights web site to remind them of Judge Roberts’s ethical lapse. The Senate Judiciary Committee will vote September 22 on whether to recommend Judge Roberts to the full Senate, which will vote the following week.
Anti-torture Lobby Week
From September 26 to 30, the BORDC will join forces with Amnesty International USA and others to sponsor a special week of lobbying Congressional district offices. We aim to have Congressional district office delegations in every state across the country. Our message will be simple and clear: Congress should immediately establish a fully independent commission to publicly investigate all allegations of torture and ill-treatment in U.S. detention centers around the world.
What you can do: Visit denouncetorture.amnestyusa.org today to find out how you can get involved by either leading a delegation of constituents at a meeting or joining one already planned. Now more than ever we need to put an end to the Bush Administration’s illegal practices of torture and detention.
Here are other ways you can join the fight:
- Join our Guantánamo Reading Project by putting on a local reading of the play Guantánamo: 'Honor Bound to Defend Freedom'. At present, more than 200 detainees there are slowly starving themselves to death in a hunger strike. (See "Other News" below.)
- Find out more about U.S. use of torture, inhuman and degrading treatment, and rendition on our web site.
October 26 PATRIOT Act Anniversary
Wednesday, October 26, is the fourth anniversary of the president's signing of the USA PATRIOT Act into law. It is a good opportunity to host educational panels, forums, and rallies, to show a documentary, or to organize a reading of the play Guantánamo: 'Honor Bound to Defend Freedom'. If your community is already well aware of the post-9/11 laws and policies' threats to their liberties, choose a nearby community where the civil liberties debate has been lacking, and work with a local group to host an event that will generate interest there. The more people learn about the policies, the less they approve.
New Reports
OpenTheGovernment.org Reports Record High Government Secrecy
If you haven’t seen "Secrecy Report Card 2005," its charts and easy-to-digest information about government secrecy should coax a look. Some of the numbers: 1754 FISA warrants in 2004, none of which were rejected by FISA judges; $148 spent creating new secrets for every $1 spent releasing old secrets in 2004; 62 new state laws expanded government secrecy in 2004, while only 38 strengthened open government. Additionally, the report shows that the rarely used “States Secrets” privilege has been used 23 times in the last 4 years, though it had only been used 4 times from 1953 to 1976. Americans are responding, however. Freedom of Information Act requests increased 25% in 2004. The report is available at http://www.openthegovernment.org/otg/SRC2005.pdf.
League of Women Voters "Local Voices" Report Now Available
In the August issue of Dissent is Patriotic, we highlighted the new League of Women Voters “Local Voices” report, which resulted from a series of focus groups and public dialogues across the country. The report demonstrates that the public still lacks in-depth knowledge about “homeland security” efforts. It also shows that Americans deeply value civil liberties and that the more they learn about national policies, the more concerned they become. The full report is now available.
American Library Association Report on Law Enforcement Inquiries at Libraries
In a report released this summer, the American Library Association uncovered that federal, state, and local officials have made at least 137 formal inquiries regarding library records since October 2001. Even more informal inquiries have been made. The ALA surveyed both public and academic libraries to obtain the information. The report, however, does not identify how many times the USA PATRIOT Act was used to request library records, because gag orders prevent librarians from disclosing such information. See the 8/30 Library Journal article for a summary of the report. The full report is available at http://www.ala.org/ala/washoff/oitp/LawRptFinal.pdf.
In the Courts
Appeals Court Overturns Lower Court Decision on U.S. Citizen "Enemy Combatant"
In a blow to the Bill of Rights and the U.S. system of justice, on September 9, the U.S. Court of Appeals for the 4th Circuit decided that the president has the power to detain U.S. citizens such as Jose Padilla who are captured on U.S. soil for "the duration of hostilities" (i.e., indefinitely). The court overturned a lower court's ruling that Padilla must be charged or released.
According to the ruling, the president's designation of any U.S. citizen as an "enemy combatant" trumps the Sixth Amendment guarantee of a speedy and public trial. The ruling overlooked glaring evidence that the administration has no firm reason for Padilla's "enemy combatant" designation, having switched its allegations from (1) his preliminary plans for a "dirty bomb" attack to (2) his plan to blow up apartment buildings and most recently to (3) his having fought against U.S. forces in Afghanistan. No evidence supporting any of these allegations has been introduced.
In contrast, U.S. citizen enemy combatant Yaser Esam Hamdi, who was captured by U.S. forces on a battlefield in Afghanistan, received a favorable ruling by the Supreme Court. Justice Sandra Day O'Connor wrote for the majority:
- "[H]istory and common sense teach us that an unchecked system of detention carries the potential to become a means for oppression and abuse of others who do not present that sort of threat.”
- “We have long since made clear that a state of war is not a blank check for the President when it comes to the rights of the Nation’s citizens.”
For a more thorough analysis of the case, read Joanne Mariner's The Unjust Detention of Jose Padilla in FindLaw.
Judge Revokes Gag in “John Doe” Case, Government Appeals
Last month’s newsletter reported that the FBI used Section 505 (Miscellaneous National Security Authorities) of the USA PATRIOT Act to acquire records from a Fairfield County, Connecticut library. Recently, a judge ruled in favor of the ACLU’s request to have the gag order lifted from the Connecticut librarian, so that s/he may publicly speak about the FBI’s use of National Security Letters. The ruling was stayed until September 20th to give federal prosecutors time to appeal. A court of appeals today granted the government a temporary stay of the lower court ruling, to give the government more time for the appeal. Federal prosecutors are claiming that revealing the identity of the librarian would jeopardize terrorism investigations. See the 9/21 New York Times article.
What you can do: Sign the “Let ‘John Doe’ Speak” petition today. Urge your friends, relatives, and co-workers to sign the petition, and spread the word to your community networks.
Resolution News
Rapid City Passes First Resolution in South Dakota
On September 19, the Rapid City Council approved a civil liberties resolution by a vote of 8-2, thereby creating the first "civil liberties safe zone" in South Dakota. Over 70 community members packed into the council chamber for the vote. Many thanks to Democracy in Action, the local group that spearheaded this effort. See the 9/21 article in the Rapid City Journal for more information.
California State Resolution Still Alive
California residents still have a chance to get a civil liberties resolution passed in their state legislature, but they’ll have to wait until January for legislators to take up the issue. On September 9, California’s 2005 legislative session officially ended. However, because it is a two-year session, SJR 10, introduced by the California Civil Rights Alliance, will still be a viable resolution in early 2006.
Local Highlights
New Jersey Activists Take on DHS Audit of ICE Detention Facilities
This is Dissent Is Patriotic's third report on the impressive work of the New Jersey Civil Rights Defense Committee (NJCRDC). Since the committee's founding in March 2003, its dedicated volunteers have worked tirelessly to expose and stop the roundups and unjust treatment of immigrant detainees throughout their state. Last December we reported on the group's success exposing and ending the use of dogs to intimidate and torture detainees held in U.S. jails and detention centers.
More recently, the group has studiously followed the progress of a Department of Homeland Security (DHS) audit of Bureau of Immigration and Customs Enforcement (ICE) detention facilities in their region – Passaic County Jail in Paterson, and Hudson County Jail in Kearny. They have presented to the audit team a copy of their first-hand and eye-witness reports of abuse within the detention centers, which they have documented over several years. NJCRDC has encountered resistance from Sheriff Jerry Speziale, who presides over the Passaic County Jail, however. As Flavia Alaya describes in Showdown at Sheriff's Plaza:
- "Even as New Jersey detainees come forward to testify and are named in dossiers to the IG, they begin to disappear from the facilities they'd charged with misconduct. New Jersey Civil Rights Defense Committee mail to the jails is turned away without explanation....News comes of a suicide in Passaic County detention; an attempted suicide; a series of savage beatings; another hunger strike."
- "On August 17, Sheriff Speziale tosses the entire New Jersey auditing team out of his Jail. Mind you, these are the people who write his contract, and pay for it." (Read Speziale boots feds probing alleged abuse of detainees.)
- "One of the Sheriff's reported gripes was that 'auditors gave too much credence to complaints by detainees and activists.' What could this possibly mean, before the interview process has even begun, but that he thinks any credence too much?"
On August 22, three members of the NJCRDC – Nicki Newby, Marion Munk, and Flavia Alaya – journeyed to Washington, DC, to join several representatives of NGOs at a meeting with DHS Inspector General Richard Skinner and his staff organized by Shoba Sivaprasad Wadhia of the National Immigration Forum, who is a member of BORDC’s Advisory Board. During their meeting, the women's questions included how the IG would hold Speziale accountable and what the IG and auditors would do to protect the detainees whom their group had interviewed. The women also raised concerns about how detainees can file complaints, since the DHS plan for detainees to call a toll-free number is unworkable because of the high pay phone costs in the prisons, even to dial “toll-free” numbers.
What you can do: Please read Flavia Alaya's account of the her group's work here, then add your voice to those of the NJCRDC by sending letters to DHS Inspector General Richard Skinner, his Executive Council, and New Jersey Senators Frank Lautenberg and Jon Corzine today. Let them know that an ICE audit that permits a Sheriff to transfer all detainees who are willing to testify in order to exclude from the audit is unacceptable. Find contact information and talking points here.
If there is a detention center near you, consider following the lead of the NJCRDC in exposing their plight and helping the detainees and their families. Contact us at info@bordc.org for help.
Legislative Visits in North Carolina Pay Off
With the PATRIOT Act reauthorization debates looming, the Durham and Orange County, NC, Bill of Rights Defense Committees met with their House member, Representative David Price, on July 11. Nine members of the two groups shared their concerns with Rep. Price and reminded him of the civil liberties resolutions that had been passed in his district. The BORDC members followed up with Price's office the following week, delivering a 470-page book containing the text of all of the resolutions that had passed nationwide. On July 21, despite having originally voted for the USA PATRIOT Act, Rep. Price voted against the House bill to reauthorize the PATRIOT Act, H.R. 3199. Later, Rep. Price signed on to Rep. Bernie Sanders' "Dear Conferee" letter urging the conference committee to "include the Senate language regarding Section 215 in the final version of the Patriot Act reauthorization bill." Congratulations to the Durham and Orange County BORDCs!
Other News
Campaign for Reader Privacy Delivers 200,000 Petition Signatures to Congress
The Campaign for Reader Privacy – a joint initiative of the American Booksellers Association, Association of American Publishers, American Library Association, and PEN American Center – presented over 200,000 petition signatures to Congress last week. The petition demands that Congress restore reader privacy, and calls for changes to Section 215 of the USA PATRIOT Act. Representatives of the CRP delivered the petitions to Sen. Larry Craig (R-ID), co-sponsor of the Security and Freedom Enhancement Act (S. 737), and Rep. Bernie Sanders (I-VT), sponsor of the Freedom to Read Protection Act (H.R. 1157). Read the 9/15 article in Bookselling This Week.
Guantánamo Hunger Strike Continues
Prisoners at the U.S. detention facility in Guantánamo Bay, Cuba continue to protest their treatment and lack of due process by refusing food and water. Lawyers representing the detainees claim that over 200 detainees are participating in the strike, of which at least 21 have been hospitalized and tube fed. As reported by USA TODAY, a lawyer who visited the prison last week says that "90% of the camp is on strike in varying degrees." The U.S. military, however, claims that only 45 detainees are now participating, because it defines a hunger striker as a detainee who has missed nine meals in a row. Read the 9/18 USA TODAY article and the 9/21 Washington Post article.
Editor: Nancy Talanian, Director
Managing Editor: Jessie Baugher, East Region Organizer
Contributing Writers:
Hope Marston, West Region Organizer
Flavia Alaya, New Jersey Civil Rights Defense Committee
Bill of Rights Defense Committee, Inc.
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Northampton, MA 01060
Web: http://www.bordc.org/
Email: info@bordc.org
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