Civil Rights - Post 9/11 Forum Press Release

Four panels addressed Civil Rights and the Patriot Act to an overflow audience.

Press Release sent to local Newspapers in Santa Clara County after the Forum

Press Release sent to local Newspapers in Santa Clara County after the Forum

The U.S. is a vastly changed place since 9/11. With the countryıs awakening to terrorism, security measures once unimaginable have entered the routine of daily life: airline passenger searches, heightened vigilance over the national infrastructure, civilian disaster preparedness plans that address acts of terror as well as acts of nature.

But the war on terrorism has ushered in another set of changes as well. Although they have gone virtually unremarked, these changes threaten to reshape our democratic institutions by altering the constitutionally prescribed balance of power among the three branches of government.

This was the disturbing picture that emerged from a forum on civil rights post 9/11 held by the five Leagues of Women Voters of Santa Clara County last Saturday. The panelists represented a broad range of perspectives on addressing the threats of terrorism; they included Congresswoman Anna Eshoo, San Joseıs chief of police, a special agent from the Federal Bureau of Investigation, a fellow from Stanfordıs Center for International Security and Cooperation, the director of the Council on American-Islamic Relations, and a host of specialists on immigration and constitutional law.

The panelists focused on the role of the U.S. Patriot Act, the legislation passed shortly after 9/11 giving the federal government sweeping powers to fight terrorism. Many of its key provisions, they argued, run counter to protections afforded by the Constitution, including the presumption of innocence until proven guilty, limits on the governmentıs power search and seize property, and the separation of powers.

As one example, they cited the expansion of the Foreign Intelligence Surveillance Act. In the past, this legislation allowed the federal government to conduct surveillance on suspected foreign agents without their knowledge. To do so, federal officials had first to apply for a warrant with the Foreign Intelligence Surveillance Court ­ which conducts business in secret ­ demonstrating that the surveillance was required exclusively for foreign intelligence-gathering.

Now, however, foreign intelligence need be only one reason for seeking a warrant. At the same time, the Patriot Act also removes the wall that stood between efforts aimed at foreign intelligence and those aimed at domestic crime-fighting.

Together, these provisions mean that American citizens can be put under surveillance without their knowledge. And if they are subsequently charged with a crime, they are not allowed to know what kind of information was collected on them or how. This provision essentially nullifies the constitutional notion of justice, which rests on the presumption of innocence until guilt is proven, and the right to face oneıs accusers. By cutting the regular court system out of the process, it also transfers judicial powers to the executive branch ­ powers that rightfully belong to the courts as a check on the executive.

Several panelists noted that these changes have already affected the workings of the criminal justice system. Some of the ways are documented in a 269-page report released earlier this month by the Bush Administration, which details civil rights abuses committed in the implementation of the Patriot Act.

While the report received considerable coverage in print, it resulted in little public discussion. This is perhaps more disturbing than the contents themselves. The rearrangement of our democratic system through this temporary antiterrorist law affects us all, no matter what our political beliefs or party affiliation. It is an issue likely to grow in seriousness as the administration prepares to launch Patriot II. With so many questions about the first act unanswered, and so much at stake, there is an urgent need to start a wide-ranging public dialogue on the effects of both Patriot acts on American society in a post-9/11 world. Unless we do, we risk losing the democratic bedrock of our values ­ and as much to the war on terrorism as to terrorism itself.

Contact: Jane Turnbull, jaturnbu@ix.netcom.com

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