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Discussion of the Yakima resolution, click
here.
Draft Yakima resolution, click here.
Motion's presented to
other city councils opposing Patriot Act:
ACLU of Northern California Patriot Act Resolutions
Toolkit
THE ATTACK ON FREEDOM
MoveOn Bulletin Friday, May 30, 2003 Co-Editors: Tai Moses
and Rachel Neumann, AlterNet
Subscribe online at: http://www.moveon.org/moveonbulletin/
You can unsubscribe at any time by clicking here: http://moveon.org/s?i=1409-1297379-jWm_EDF3.7Xe750afHi8hg
CONTENTS:
1. Wes Boyd:
Freedom is Our Strength 2. Rachel Neumann: Your Rights and Liberties: Use Them or Lose
Them 3. Matt Welch:
Get Ready for Patriot
II 4. Tram Nguyen:
Immigrant Families Condemn Racial
Targeting 5. Jason
Halperin: Patriot Raid 6. Farai Chideya: Getting Ashcrofted 7. Kari Lydersen: Selling Civil Liberties 8. Karen Charman: Environmentalists =
Terrorists 9. Nat
Hentoff: Liberty Vanishes While the Press
Sleeps 10. Annalee
Newitz: Surveillance 101 11. Jim Hightower: Shredding Ashcroft 12. About the
Bulletin
------------------------------
FREEDOM IS OUR STRENGTH MoveOn Bulletin Op-Ed by Wes Boyd
In
1814, the British marched on Washington and burned down the
White House. In World War II, the
United
States fought a virulent
fascism that took tens of millions of lives. During the cold war, we faced down
tens of thousands of nuclear-tipped missiles pointed directly at our cities.
These conflicts struck at the very heart of our survival as a nation.
Although there have always been men who call for
dictatorial powers in times of crisis, our Bill of Rights survived these threats
intact because our leaders knew that these freedoms are the foundation of our
strength as a nation and must be protected.
Today we hear from the Bush administration that freedom
must be traded for security -- that unless we cede our rights as citizens to the
proper authorities, we will never be safe. Showing no historical perspective,
callow pundits claim that the threats we face today are overwhelming compared to
anything in the past.
Luckily, Americans are made of sterner stuff. We'll
continue to protect freedom, and it will make us strong.
------------------------------
YOUR
RIGHTS AND LIBERTIES: USE THEM OR LOSE THEM Rachel Neumann, AlterNet The
administration's attack on civil liberties is so overblown as to seem surreal.
And if that weren't enough, currently proposed legislation would increase the
PATRIOT Act's powers. Our right to think and speak for ourselves, without fear
of spying neighbors, surveillance cameras or retaliation, is gravely threatened
and only our collective and coordinated resistance will stop that
threat.
http://www.alternet.org/story.html?StoryID=16014
------------------------------
GET READY FOR PATRIOT II Matt Welch,
AlterNet The first USA PATRIOT Act was written, passed and signed into law
within seven weeks of 9/11. As a result, the government gained new power to
wiretap phones, confiscate property of suspected terrorists, spy on its own
citizens without judicial review, conduct secret searches and snoop on the
reading habits of library users. Now Attorney General John Ashcroft wants to
finish the job. http://www.alternet.org/story.html?StoryID=15541
------------------------------
IMMIGRANT FAMILIES CONDEMN RACIAL
TARGETING Tram Nguyen, ColorLines RaceWire A series of "Public Truth"
forums planned around the country highlight the impact of the war on terrorism
and national security on the lives of immigrants, refugees and communities of
color. Despite widespread fear in their communities, participants are outspoken
in condemning the policies and practices that have unjustly targeted
them. http://www.alternet.org/story.html?StoryID=15943
------------------------------
PATRIOT RAID Jason Halperin,
AlterNet Loaded guns pointed in faces, people made to crawl on their hands
and knees, police officers kicking in doors, keeping their fingers on the
trigger even after the situation was under control. All a mistake. And,
according to the ACLU a perfectly legal one, thanks to the PATRIOT Act. People
who thought these laws would never affect them, who thought that the PATRIOT Act
only applied to the guilty, should heed this story as a wake-up
call. http://www.alternet.org/story.html?StoryID=15770
------------------------------
GETTING ASHCROFTED Farai Chideya,
AlterNet Everybody wants to cash in on the marketability of biometrics, the
technology of identifying people based on biological traits. Biometrics extends
far beyond electronic fingerprinting to retinal scans and, perhaps most
controversial, face recognition from video surveillance. Let's face it: the
biometrics industry is fast becoming Big Brother, Inc. http://www.alternet.org/story.html?StoryID=15781
------------------------------
SELLING CIVIL LIBERTIES Kari
Lydersen, AlterNet Americans are used to being bombarded with ads for
everything from shampoo and SUVs to dating services and weight loss regimens.
But now they are also seeing paid ads selling them on an issue that many
previously either took for granted or didn't think about much at all: the
importance of our civil liberties. The campaign represents the first time in its
80-year history that the ACLU has run paid TV ads. http://www.alternet.org/story.html?StoryID=15757
------------------------------
ENVIRONMENTALISTS = TERRORISTS Karen
Charman, TomPaine.com If legislation crafted by the ultra-conservative
American Legislative Exchange Council becomes law, some fundamental rights of
American citizenship -- like signing a Sierra Club petition or publicly
protesting for animal rights -- could become illegal. http://www.tompaine.com/feature2.cfm/ID/7748
------------------------------
LIBERTY VANISHES WHILE THE PRESS
SLEEPS Nat Hentoff, Village Voice The media, with few exceptions, are
failing to report consistently and in depth precisely how Bush and Ashcroft are
undermining our fundamental individual liberties. For instance, how many
Americans know that if PATRIOT II is passed (and Bush certainly won't veto it),
they can be stripped of their citizenship if charged with giving "material
support" to a group designated by the government as "terrorist"? http://www.alternet.org/story.html?StoryID=15630
------------------------------
SURVEILLANCE 101 Annalee Newitz,
AlterNet Is New York City a laboratory for a "future surveillance state"?
U.S. privacy laws allow public surveillance because, their proponents say, you
have no reasonable expectation of privacy on the street. But some activists
think New York's mechanical eyes violate human dignity, converting our anonymous
public lives into somebody's private video collection. http://www.alternet.org/story.html?StoryID=15587
------------------------------
SHREDDING ASHCROFT Jim Hightower,
AlterNet One of the most inspiring -- and unexpected -- sources of resistance
to Ashcroft's wild schemes are America's librarians. These gutsy defenders of
liberty are distributing information and joining public discussion groups to
tell us about the freedom-busting legislation that Ashcroft cynically titled the
"USA PATRIOT Act." http://www.alternet.org/story.html?StoryID=15843
------------------------------
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Patriot Raid
Your tax dollars at work: The Patriot Act in New York City
By Jason Halperin April 29, 2003
Two weeks ago I experienced a very small taste of what hundreds
of South Asian immigrants and U. S. citizens of South Asian descent have gone
through since
9/11, and what thousands of others have come to fear. I was
held, against my will and without warrant or cause, under the USA
PATRIOT Act. While I understand the need for some measure of security
and precaution in times such as these, the manner in which this detention and
interrogation took place raises serious questions about police tactics and the
safeguarding of civil liberties in times of war.
That night, March 20th, my roommate Asher and I were on our way
to see the Broadway show "Rent." We had an hour to spare before curtain time so
we stopped into an Indian restaurant just off of Times Square in the heart of
midtown. I have omitted the name of the restaurant so as not to subject the
owners to any further harassment or humiliation.
We helped ourselves to the buffet and then sat down to begin
eating our dinner. I was just about to tell Asher how I'd eaten there before and
how delicious the vegetable curry was, but I never got a chance. All of a
sudden, there was a terrible commotion and five NYPD in bulletproof vests
stormed down the stairs. They had their guns drawn and were pointing them
indiscriminately at the restaurant staff and at us.
"Go to the back, go to the back of the restaurant," they
yelled.
I hesitated, lost in my own panic.
"Did yo u not hear me, go to the back and sit down," they
demanded.
I complied and looked around at the other patrons. There were
eight men including the waiter, all of South Asian descent and ranging in age
from late-teens to senior citizen. One of the policemen pointed his gun
point-blank in the face of the waiter and shouted: "Is there anyone else in the
restaurant?" The waiter, terrified, gestured to the kitchen.
The police placed their fingers on the triggers of their guns
and kicked open the kitchen doors. Shouts emanated from the kitchen and a few
seconds later five Hispanic men were made to crawl out on their hands and knees,
guns pointed at them.
After patting us all down, the five officers seated us at two
tables. As they continued to kick open doors to closets and bathrooms with their
fingers glued to their triggers, no less than ten officers in suits emerged from
the stairwell. Most of them sat in the back of the restaurant typing on their
laptop computers. Two of them walked over to our table and identified themselves
as officers of the INS and Homeland Security Department.
I explained that we were just eating dinner and asked why we
were being held. We were told by the INS agent that we would be released once
they had confirmation that we had no outstanding warrants and our immigration
status was OK'd.
In pre-9/11 America, the legality of this would have been
questionable. After all, the Fourth Amendment to the Constitution states: "The
right of the people to be secure in their persons, houses, papers and effects,
against unreasonable searches and seizures, shall not be violat ed; 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."
"You have no right to hold us," Asher insisted.
"Yes, we have every right," responded one of the agents. "You
are being held under the Patriot Act following suspicion under an internal
Homeland Security investigation."
The USA PATRIOT Act was passed into law on October 26, 2001 in
order to facilitate the post 9/11 crackdown on terrorism (the name is actually
an acronym: "Uniting and Strengthening America by Providing Appropriate Tools
Required to Intercept and Obstruct Terrorism Act"). Like most Americans, I did
not recognize the extent to which this bill foregoes our civil
liberties.
Among the unprecedented rights it grants to the federal
government are the right to wiretap without warrant, and the right to detain
without warrant. As I quickly discovered, the right to an attorney has been
seemingly fudged as well.
When I asked to speak to a lawyer, the INS official informed me
that I do have the right to a lawyer but I would have to be brought down to the
station and await security clearance before being granted one. When I asked how
long that would take, he replied with a coy smile: "Maybe a day, maybe a week,
maybe a month."
We insisted that we had every right to leave and were going to
do so. One of the policemen walked over with his hand on his gun and taunted:
"Go ahead and leave, just go ahead."
We remained seated. Our IDs were taken, and brought to the
officers with laptops. I was questioned over the fact that my license was out of
state, and asked if I had "something to hide." The police continued to hassle
the kitchen workers, demanding licenses and dates of birth. One of the kitchen
workers was shaking hysterically and kept providing the day's date--March 20,
2003, over and over.
As I continued to press for legal counsel, a female officer who
had been busy typing on her laptop in the front of the restaurant, walked over
and put her finger in my face. "We are at war, we are at war and this is for
your safety," she exclaimed. As she walked away from the table, she continued to
repeat it to herself, "We are at war, we are at war. How can they not understand
this?"
I most certainly understand that we are at war. I also
understand that the freedoms afforded to all of us in the Constitution were
meant specifically for times like these. Our freedoms were carved out during
times of strife by people who were facing brutal injustices, and were intended
specifically so that this nation would behave differently in such times. If our
freedoms crumble exactly when they are needed most, then they were really never
freedoms at all.
After an hour and a half the INS agent walked back over and
handed Asher and me our licenses. A policeman took us by the arm and escorted us
out of the building. Before stepping out to the street, the INS agent
apologized. He explained, in a low voice, that they did not think the two of us
were in the restaurant. Several of the other patrons, though of South Asian
descent, were in fact U. S. citizens. There were four taxi drivers, two
students, one newspaper salesman-- unwitting customers, just like Asher and me.
I doubt, though, they received any apologies from the INS or the Department of
Homeland Security.
Nor have the over 600 people of South Asian descent currently
being held without charge by the Federal government. Apparently, this type of
treatment is acceptable. One of the taxi drivers, a U. S. citizen, spoke to me
during the interrogation. "Please stop talking to them," he urged. "I have been
through this before. Please do whatever they say. Please for our
sake."
Three days later I phoned the restaurant to discover what
happened. The owner was nervous and embarrassed and obviously did not want to
talk about it. But I managed to ascertain that the whole thing had been one
giant mistake. A mistake. Loaded guns pointed in faces, people made to crawl on
their hands and knees, police officers clearly exacerbating a tense situation by
kicking in doors, taunting, keeping their fingers on the trigger even after the
situation was under control. A mistake. And, according to the ACLU a perfectly
legal one, thanks to the Patriot Act.
The Patriot Act is just the first phase of the erosion of the
Fourth Amendment. From the Justice Department has emerged a draft of the
Domestic Securities Enhancement Act, also known as Patriot II. Among other
things, this act would allow the Justice Department to detain anyone, anytime,
secretly and indefinitely. It would also make it a crime to reveal the identity
or even existence of such a detainee.
Every American citizen, whether they support the current war or
not, should be alarmed by the speed and facility with which these changes to our
fundamental rights are taking place. And all of those who thought that these
laws would never affect them, who thought that the Patriot Act only applied to
the guilty, should heed this story as a wake-up call. Please learn from my
experience. We are all vulnerable so speak out and organize, our Fourth
Amendment rights depend upon it.
Jason Halperin lives in New York City and works at Doctors
Without Borders/Medicins San Frontieres.
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