Dissent Is Patriotic
The Bill of Rights Defense Committee's e-mail newsletter
July 2005, Vol. 4, No. 5
In this issue:
USA PATRIOT Act Reauthorization
Votes
New Resources:
Guantánamo Play, Joint Terrorism Task Force FAQs, and more
Patriot Days of Action
In Congress: Sanders
Amendment Passes; New Bill Threatens Habeas Corpus
Other News: John
Roberts's Nomination; First Bar Association Resolution; Torture at
Guantánamo Bay; Counting Terrorism Convictions; Lodi Under
Siege
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USA PATRIOT Act Reauthorization Votes
Last Thursday, July 21, the House of Representatives voted 257 to 171 to approve H.R. 3199, making all but two of 16 expiring USA PATRIOT Act provisions permanent. For a summary of the bill and key amendments that passed, go to www.bordc.org/threats/legislation/sum-hr3199.php.
Resolutions Made a Difference. Although the House vote was disappointing, it still shows improvement over the October 2001 House vote to pass the USA PATRIOT Act, in which only 66 members voted "no." Readers who have organized in their communities and states should take heart that two-thirds (74) of the 116 members who opposed reauthorization, but who either voted "yes" or did not vote in October 2001, represent districts with at least one resolution.
Please see how your representative voted (http://clerk.house.gov/evs/2005/roll414.xml) and extend your thanks to those who voted to uphold civil liberties. If your Rep. supported the bill, state your concerns and encourage him or her to vote to uphold civil liberties at the next opportunity.
The Vote's Significance. H.R. 3199 addresses only the 16 USA PATRIOT Act sections that sunset this year. Many other troubling sections were not addressed because they are permanent, and most laws and policies that have resulted in civil liberties violations are not part of the USA PATRIOT Act. Furthermore, the bill passed by the House will not necessarily become law.
Undemocratic Process in the House. Many House members, including some Republicans, were dismayed by the partisan process that was used to select amendments for vote by the full House. The Rules Committee's proposed rule allowed only 20 of the 37 proposed amendments to be put before the full House and no additional amendments to be proposed from the floor. The amendments that the committee had rejected along party lines included Rep. Bernie Sanders's (I-VT) amendment, which was identical to his "Freedom to Read" amendment that passed the House on June 15 with a 51-vote margin (see "In Congress" below). During the debate on the rule, when Sanders demanded to know why the amendment could not receive an up or down vote by the full House, Rules Committee member Rep. Phil Gingrey (R-GA) answered that "since his amendment passed on June 15, Great Britain has been attacked twice, so circumstances have changed." The rule was accepted on a party-line vote with three Republicans--Rep. Dana Rohrabacher (R-CA), Rep. Ron Paul (R-TX), and Rep. C.L. “Butch” Otter--voting "present." Please thank them for refusing to support unfairness in the House. They were also among the 14 Republicans who voted against H.R. 3199.
Denials. Throughout the House debate, every mention of the potential for abuse was met with a denial, most frequently from House Judiciary Chairman James Sensenbrenner. He insisted that application of the USA PATRIOT Act has not resulted in any civil liberties abuses, despite a list of ten abuses prepared by the House Judiciary Democratic Staff, entered into the record by Rep. John Conyers (D-MI). (See www.bordc.org/resources/abuses.php.)
What's Next? The same day that the House approved H.R. 3199, the Senate Judiciary Committee marked up and unanimously approved its reauthorization bill, S. 1389. This version of S. 1389 did not include the new provision in the Senate Intelligence Committee draft that would give the FBI the power to issue "administrative subpoenas" without judicial oversight. To read a summary of S. 1389, go to www.bordc.org/threats/legislation/sum-s1389.php. The full Senate is not expected to vote on the bill until after the August recess, following which a conference committee must convene to resolve differences between the House and Senate versions and prepare a compromise bill for both the House and the Senate to consider.
The delayed vote in the Senate offers an opportunity for constituents to meet with Senators in their district or at public gatherings to discuss the need for amending the Judiciary Committee bill. If your group plans to meet with a senator, BORDC suggests that you assemble constituents from different political parties to convey the important message that defending the Bill of Rights is not a partisan issue. Ask for further amendments to the Senate bill, to address what you see as remaining problems among the 16 sections that sunset, and state your concerns about other USA PATRIOT Act sections and other laws and policies that are not expiring.
If your city, county, or state has passed a resolution, encourage members of the government body who sponsored or supported the resolution to participate in the meeting, and use resolution(s) to illustrate to your Senators how important civil liberties are to their constituents.
The Remedy is to Organize. Local education and organizing across partisan boundaries are the best ways to combat the lack of awareness about the USA PATRIOT Act and the partisan politics in Washington that resulted in last week's House vote to reauthorize the USA PATRIOT Act. Furthermore, your silence will be interpreted as agreement with the policies, so make sure your legislators hear your concerns.
The BORDC web site has resources to help you educate and engage people of all ages in your community, including the new resources listed below. Although the civil liberties that U.S. residents enjoyed through September 10, 2001, played no role in the terrorist attacks on September 11 attacks, it will take the long-term commitment and hard work of all of us to win them back.
Guantánamo: Honor Bound to Defend Freedom
The BORDC has teamed up with the Center for Constitutional Rights to organize the Guantánamo Reading Project, an effort aimed at raising public awareness about human rights and civil liberties abuses at the U.S. naval base in Guantánamo Bay, Cuba. Through public readings of the play Guantánamo: Honor Bound to Defend Freedom, the project seeks to stimulate debate and provide momentum for local action. We hope you will put on a reading in your community, using the tools we have available on our web site: www.bordc.org/grp/index.php. Consider contacting local theatre groups, colleges and universities, or other organizations that might be interested. Let us know about your plans so we can post information about your reading on our list of host cities.
Joint Terrorism Task Force (JTTF) Materials
Following September 11, 2001, the Department of Justice increased the number of Joint Terrorism Task Forces (JTTFs) across the country in order to help intelligence and law enforcement agencies collaborate in the fight against terrorism. Ultimately, however, JTTFs have increased the potential for exploitation and misuse: www.bordc.org/resources/jttf-activities.php. In April 2005, Portland (Oregon) became the first city to withdraw its participation in the JTTF, in response to concerns about the accountability of participating local officers. Now activists are calling for similar action in Denver. Check out our new JTTF FAQs to learn more about the civil liberties concerns raised by JTTFs: www.bordc.org/resources/jttf-faq.php. More resources on what you can do locally coming soon.
Material Support Flier
The Department of Justice is increasingly using laws prohibiting material support for terrorism and terrorist organizations as a dragnet. The laws are vague enough to cover a number of actions, including providing “expert advice,” personnel, training, or materials to a designated “foreign terrorist organization.” An individual need not intend to support terrorism with his or her actions to be charged with material support. To learn more and to educate others about material support statutes, download our new informational flyer at www.bordc.org/resources/materialsupportflier.pdf. Feel free to distribute it at meetings, community events, and other public venues.
Book of Resolutions and Ordinances
The BORDC recently compiled a 470-page book, Resolutions and Ordinances Critical of the USA PATRIOT Act and Other Laws and Policies that Diminish Civil Liberties, January 7, 2002 through June 21, 2005. The book includes all community resolutions, organized by state, followed by resolutions of national organizations, national religious organizations, and national unions. It also lists other entities, including student and faculty senates, that have passed resolutions. You may download and print the book as a single file or in three smaller files (all PDFs) from this web page: www.bordc.org/involved/woafliers.php#resolutions.
Reminder: DC Demonstration Rights Law
If your community would like to consider following the lead of the Washington, DC, City Council by passing a law upholding the First Amendment rights of demonstrations, read the DC “First Amendment Rights and Police Standards Act of 2004" at http://www.dccouncil.washington.dc.us (click on legislation, then on Text of Bill or Resolution; type in B15-0968, and you can choose the bill or the act). We reported on the ordinance in our May newsletter. The article by Kit Gage first appeared in the newsletter of the National Committee Against Repressive Legislation (NCARL). If you are considering this bill for your community, contact Kit at info@ncarl.org.
In anticipation of Congress's vote to reauthorize the expiring sections of the USA PATRIOT Act, community-based organizations in 21 states held educational and civic events during the week of July 2-8. See the list of events at www.bordc.org/involved/weekofactionevents.php. Groups in 12 states also organized and held in-district meetings with their Representatives and Senators during the Independence Day recess. A big thank you to everyone who organized events in their communities and who met with their legislators to express their concerns about their civil liberties.
The BORDC also thanks the following people representing local BORDCs and other groups who joined us in planning the week of action: Aram Azadpour (Grapevine, TX), Daniel Bell (Las Vegas, NV), Julie Candela (Cleveland, OH), Steve Devereaux (Santa Rosa, CA), Doris Ewing (Springfield, MO), John Friede (Peterborough, NH), Linda Harlow (Santa Rosa, CA), Paul Heller (Greater Dallas, TX), Tom Herrick (Lexington, KY), Isaac Kaufman (Minneapolis/St. Paul, MN), Nancy Kranich (State College, PA), Brent Mesick (Chicago, IL), Ray Miklethun (Atlanta, GA), Margaret Misch (Carrboro, NC), Deborah Morganson (Santa Rosa, CA), Chip Pitts (Greater Dallas, TX), Stephen Rohde (Los Angeles, CA), Jim Senter (Durham, NC), Spider Sherwood (Florence, OR), and Ann Tompkins (Santa Rosa, CA).
We also thank the many national, regional, and local endorsing organizations who held events and helped to promote the Days of Action. Endorsers are listed here: www.bordc.org/involved/endorsers.php.
Sanders Amendment on USA PATRIOT Act Section 215 Passes
Thank you to everyone who contacted their state representatives and showed their support for Representative Bernie Sanders’s Freedom to Read Amendment to the Commerce, Justice, State, Science Appropriations Act. Sanders’s amendment calls for exempting library and bookstore reading lists, but not activities on a library computer, from Section 215, thereby preventing the FBI from initiating fishing expeditions on the basis of people's reading choices.
On June 15, 2005, the House voted 238-187 (38 Republicans, 199 Democrats and 1 Independent) in support of the amendment. Fourteen of the thirty-eight Republicans who voted for the bill were from districts in which at least one civil liberties resolution had passed. Unfortunately, the amendment was not attached to the Senate version of the appropriations bill, and therefore did not become law. As reported in this newsletter, the House Rules Committee's rule on H.R. 3199 eliminated the amendment from consideration by the full House on July 21.
Please extend your thanks to your Rep. if he or she supported the amendment (see vote results at http://clerk.house.gov/evs/2005/roll258.xml). If your Rep. voted against the amendment, feel free to reiterate your concern about Section 215 and urge your him or her to take corrective action.
New Bill Threatens Habeas Corpus
Representative Daniel Lungren (R-CA) and Senator John Kyl (R-AZ) recently introduced companion bills, both called the Streamlined Procedures Act (H.R. 3035 and S. 1088), which would strip defendants of the right to challenge their imprisonment. If passed, the law would deny federal courts from hearing habeas corpus petitions if they’ve already been barred by a state court, pertain to capital cases, or challenge the state’s executive clemency or pardon power. It would also take away Guantánamo detainees' right to challenge the legality of their detentions. Read this Washington Post Editorial for more information.
John Roberts's Nomination to Supreme Court
The confirmation of John Roberts to the United States Supreme Court will most certainly have an impact on civil liberties and human rights. Recently, Roberts joined the opinion in Hamdan v. Rumsfeld that denied Guantánamo Bay detainees the right to use the protections of the Geneva Conventions in U.S. courts, agreeing with the administration that so-called “enemy combatants” are not warranted such rights. Denying guarantees such as due process and confrontation of witnesses to the Guantánamo detainees sets a dangerous precedent and puts our troops at risk. It is almost a certainty that the Supreme Court will hear more detainee cases. As a member of that court, John Roberts would be an important vote on final decisions involving human rights for everyone. Please call your Senators and encourage them to ask Judge Roberts to explain his philosophy on the Geneva Conventions.
First State Bar Association Resolution: Minnesota
The Minnesota State Bar Association (MSBA) is the first state bar association to pass a resolution defending civil liberties. On the final day of the MSBA’s 2005 Convention, attendees approved a resolution addressing the need to defend civil liberties http://www2.mnbar.org/governance/assembly/05June/Civil.pdf. The MSBA resolution "urge[s] Congress and appropriate officials in the federal government to repeal or sunset the provisions of the laws, executive orders, military orders and justice department directives that violate civil liberties under the U.S. Constitution and Bill of Rights."
Torture at Guantánamo Bay, Abu Ghraib
A shocking article about Guantánamo Bay by Jane Mayer, titled "The Experiment," published in The New Yorker's July 11-18 issue, reveals how Army machinery designed to protect U.S. soldiers from interrogations flipped to become a curriculum for how to incite fear and terror in Guantánamo prisoners. It also reveals General Geoffrey Miller’s pivotal role in transferring methods used at Guantánamo to Abu Ghraib, and shows how medical doctors have been key aides assisting in interrogation – an ethical violation. Mayer’s report connects the dots about Koran abuse, water-boarding and other forms of coercion being used at the controversial prison on the outskirts of Cuba. The article is available at http://www.cageprisoners.com/articles.php?id=8165. For more information, see interviews with Mayer by Democracy Now! and The New Yorker magazine.
See the Friends Committee on National Legislation's Action Alert for actions you can take, talking points, and more: http://www.fcnl.org/act_lam_current/lam0727_05.htm.
The Pentagon has decided to block the release of Abu Ghraib photos and videos that contain scenes of "rape and murder," according to a Republican Senator. Read a July 23 article in Editor & Publisher.
Terrorism on the Rise, Convictions Remain Low
While asserting that they have high conviction rates for terrorism cases, the Justice Department also wants us to believe that terrorism is not increasing. Evidence suggests that both of these claims are doubtful, however. The administration has repeatedly referenced “200 terrorism convictions” in its bid to extend the USA PATRIOT Act, but the Washington Post reports that there have been only 39 convictions of “terrorism or national security crimes” since 9/11. Furthermore, most of those 39 who were convicted are serving 11 months or less in prison. At the same time, the State Department has refused to release any global terrorism statistics since April, perhaps because reports suggest that worldwide terrorism hasn’t been this high since 1985. While terrorism is on the rise, real terrorist convictions remain low. The slew of post-9/11 antiterrorism laws and policies, including the USA PATRIOT Act, enacted by this administration are not making the U.S. or the world a safer place.
Lodi, California Under Siege
After the Justice Department arrested two men from Lodi, California on suspicions of terrorism, FBI agents began swarming the town. According to Samina Faheem Sundas, of the American Muslim Voice, “One Muslim mother told an attorney that her young child was followed from her home to an ice cream store by an FBI car. Others complained that they were taken out of their places of employment by the FBI for questioning, and then could not return because their co-workers became suspicious of them.” These activities have not had their usual effect of silencing and shaming the community, however. Instead, Lodi residents responded by quickly organizing "Know Your Rights" forums and reaching out to allies for support. During Patriot Days of Action, American Muslim Voice and the Woodland Mosque Association held two events to support the community of more than 2500 Pakistani-Americans. A trial for the two detained men has been set for August 23 in Sacramento.
Editor: Nancy Talanian, Director
Managing Editor: Jessie Baugher, East Region Organizer
Contributing Writers:
Hope Marston, West Region Organizer
Kimberly Kossick, National Lawyers Guild Haywood Burns Fellow
Elizabeth LaBelle, Intern
Bill of Rights Defense Committee, Inc.
8 Bridge St., Suite A
Northampton, MA 01060
Web: http://www.bordc.org/
Email: info@bordc.org
Telephone: 413-582-0110
Fax: 413-582-0116
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