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by
Ralph Nader
September
3, 2003
George
W. Bush, Dick Cheney and John Ashcroft are testing the American people as to
whether violations of the U.S. Constitution by the Executive branch of
government are to be viewed as mere technicalities or a growing threat to the
fabric of liberty, privacy, due process and fair trials in our country.
Of
course, these men are verbally reassuring while they conduct their "war on
terrorism." President Bush says "we will not allow this enemy to win
the war by restricting our freedoms." Last September, Attorney General
Ashcroft said "We're not sacrificing civil liberties. We're securing civil
liberties."
Then
Orwellian-like they swing into action. Arrests without charges. Imprisonment
indefinitely without lawyers. Secret indefinite jailings for people who are
just considered "material witnesses," not accused of any crimes.
If
Bush-Cheney-Ashcroft want to shove the U.S. courts aside, then just call
someone -- even an American citizen -- an "enemy combatant" and throw
him into the brig without charges and without a lawyer. That way, neither the
prisoner nor the courts will have a chance to question the all-powerful White
House prosecutors. One can almost hear James Madison who warned over two
centuries ago that "The accumulation of all powers, legislative,
executive, and judicial, in the same hands, whether of one, a few, or many, may
justly be pronounced the very definition of tyranny." Lucky for the Bush
triumverate that Madison and Jefferson are not around today!
Then
there is the dragnet approach to law enforcement where all Americans are
suspect until proved otherwise. The federal snoopers can search your house and
business without notifying you simply by asking a secret court for a warrant --
a court that to anyone's knowledge has never said no. The Triumverate can go to
libraries and bookstores to find out what you have been reading and prohibit
the librarian or storeowner from telling you or anyone about their demand.
The
Triumverate can listen in on conversations between lawyers and their clients in
federal prisons. They can access your computer records, e-mails, medical files,
financial information on what is essentially an enforcement whim.
Bye
bye to what the Constitution meant by that great phrase of restraint called
"probable cause." Without "probable cause", the Triumverate
agents can covertly attend and monitor public meetings, including places of
worship. This was even too much for House Judiciary Committee Chairman,
Republican James Sensenbrenner who objected vainly to such amorphous
surveillance guidelines.
Brandishing
the word "terror" in every direction, the Triumverate is becoming a
law unto itself -- chilling the Congress, intimidating the Democrats (what!?
you're soft on terror), seriously distracting away from domestic necessities,
draining the federal budget into a great swamp of deficits to pay for a
garrison state and its foreign adventures and, most important for Bush, scaring
the public into nice poll ratings for the White House.
Conservative
Republicans have opposed ever over-reaching seizures by the Triumverate -- such
as setting up a TIPS program that would have enlisted millions of postal
workers, deliverymen, truckers and service workers who have access to homes and
offices to report on any "suspicious" talk or activities. Toward a
nation of snoopers. Congressional conservatives and liberals joined together to
stop both this craziness and the Rumsfeldian fantasy called a "Total
Information Awareness Program" rooted in a gigantic computer dragnet of
detailed information about all Americans so that a new computer software brain
might find some actionable patterns.
Dragnets,
once out of the neighborhood, are a notoriously inefficient and angering
enforcement instrument. It makes for sloth while giving the impression of
dutifullness.
Never
one to miss destroying what he says he is protecting -- our freedoms and
fairness (due process) -- John Ashcroft is ready to send Congress this draft
proposal which is being called "Patriot II". It was named after the
first so-called Patriot Act which passed in a Congressional panic on a day in
October 2001 when no Representative or Senator had a chance to read the 342
page bill, except perhaps the only "no" vote in the Senate, Russ
Feingold (D-WI) and a few House members flipping pages furiously.
Patriot
II would turn the Triumverate into a virtual Junta. Among its provisions is one
that could strip an American citizen of his/her citizenship if the government
believes the person was providing "material support" to a group
designated as engaged in "terrorist activities." Who defines these terms?
Why the Ashcroft prosecutors. And you won't be surprised to learn that the
provisions and guidelines allow almost total discretion to allow the
Triumverate to mean whatever it wants them to mean. With such license, the
government can secretly search your premises to all suspected "criminal
cases" not just ones deemed terroristic.
Who
is speaking up? Besides the civil liberties groups, sometimes the American Bar
Association and a few stalwart law professors, there is what author Nat Hentoff
calls the "gathering resistance" of towns. That's right! Over one
hundred towns and growing are passing ordinances or resolutions saying enough
is enough. They will not cooperate with officials --federal or otherwise -- who
are violators of the Bill of Rights and civil liberties. Many ofthese
communities, which are being joined by spontaneous citizen gatherings, are
urging repeal of the offensive parts of the Patriot Act.
Hentoff's
new and spine-curling book of what the Triumverate has been doing -- that is
just the non-secret tip of the secret iceberg -- is called The War on the Bill
of Rights. (Seven Stories Press. See ruth@sevenstories.com).
Publication date is September 15 when Hentoff, a veteran civil-liberties
defender, journeys around the country showing that Bush was right on one
election promise -- being a uniter, not a divider. Bush has united both
liberals and conservatives in rising opposition to his government of men, not
of laws and constitution.
Ralph Nader is America’s
leading consumer advocate. He is the founder of numerous public interest groups
including Public Citizen, and has twice
run for President as a Green Party candidate. His
latest book is Crashing the Party: How to Tell the Truth and Still Run for
President (St. Martin’s Press, 2002)
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