"UNCONSTITUTIONAL: THE WAR ON OUR CIVIL LIBERTIES"
Film Screening with Udi Ofer from the NYCLU
September 8, 2005
Summary by Janet Wahl
The film "Unconstitutional: The War on Our Civil Liberties", produced by the American Civil Liberties Union, was shown at All Souls Church on September 8, 2005, at 7 p.m. Udi Ofer, Esq, Project Director of the New York Bill of Rights Defense Campaign under the auspices of the New York Civil Liberties Union, was the moderator. The main premise of the film was that USA PATRIOT ACT (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism), which was renewed in July, 2005, has curtailed many of our rights guaranteed in the United States Constitution, the Amendments, and the Bill of Rights.
Background of Patriot Act
The law provides for the expansion of Federal law enforcement power when national security is threatened. This has happened in the past; examples include the activities during the McCarthy era's aggressive investigations of people who were suspected of being Communists or Communist sympathizers; Japanese internment camps during WWII authorized by FDR; the "Red Scare" in the 1920's when foreigners were brutalized and deported; and the Chinese Exclusion Act of 1882, which barred Chinese laborers from entering the United States and denied them naturalization. Six weeks prior to 9/11, the bipartisan Judicial Committee drafted the Patriot Act. Before it was presented to Congress, 9/11 occurred as well as the anthrax scares; consequently, perceived threats increased. A few men in the Executive Branch substantially changed the work of the Judicial Committee with no input from Congress or the public. No one in Congress received a copy of the 340-page document until the morning of the vote. Even though no one in Congress read the document, it passed overwhelmingly.
The Consequences of this Act
Many immigrants were arrested by the INS particularly if they were of Middle Eastern our South Asian descent. We have no idea how many were rounded up because the information is classified in the name of security. Many were held as uncharged "detainees" kept in solitary confinement with no access to lawyers or family. The conditions were harsh: detainees were beaten and shackled, had no blankets, and were under bright lights 24 hours a day. Under the Patriot Act they could be held without charges until the security threat is lifted -- indefinitely. We have learned later that none were terrorists.
Other minorities were arrested. General sweeps of the airport personnel were conducted and many Latino people were arrested. These Latinos were baggage handlers, custodians and maintenance workers, very unlikely to be terrorists. Further, when many immigrants applied for citizenship, the INS seized the opportunity to question them about many personal affairs. Although the Constitution does not give foreigners the right to enter the U.S., once they are here, it protects them from discrimination based on national origin and arbitrary treatment by the government. Therefore, the rights of these immigrants: life, liberty, and the pursuit of happiness, innocence until proven guilty, right to remain silent, right to know charges, right to a speedy trial by jury, were all violated.
The Hamoui family's plight further illustrates these violations. This family had come to the U.S. to escape the brutal conditions in Saudi Arabia. They had lived in the U.S. for 10 years. They had raised three children, were running a family business, and paid taxes. One night, the police broke into their home, arrested them, and sent them to prison. The women were held several months; the father was held about a year. No charges were ever filed. Because their case was publicized, the government dropped the case. Traumatized and disillusioned, the family, returned to Saudi Arabia. Ironically, they had come for freedom in the U.S. only to find that their country of origin gave them more protection.
Initial consequences are compounded. Massive arrests erode the effectiveness of the law enforcement officers. Immigration laws are constantly being broken sometimes because officers don't know the rights of immigrants. Witnesses of crimes are afraid to come forward leaving victims of crimes less protected. Furthermore, massive arrests have destroyed the source of intelligence. Members of the communities in which possible terrorists might live will not give information - just what terrorists want. Because terrorists know that there is ethnic and religious profiling, they have shaved their beards and have avoided attending the Mosques.
Many of these arrested people are held at Guantanamo Bay. This prison was intentionally set up outside the borders of the U.S. so that the Geneva Convention regulations, the US Constitution and Bill of Rights could be ignored. Here "detainees" are indefinitely held with no charges until the national security threat is declared over, which could be never. According to BBC investigative reporting, the treatment at Guantanamo is similar to that of Abu Ghraib.
Not only the rights of immigrants but also rights of the general population have been compromised. Librarians have been ordered to submit the records of patrons without informing them. Our e-mail, bank accounts, the web sites we have visited all are subject to government perusal. The Fourth Amendment that prohibits unreasonable searches and seizures has also been violated. The government can break into our house, search and seize what they please and let us believe we were burglarized. They do not need to inform us.
The First Amendment guaranteeing freedom of speech and right to assemble has also been breached. Government spies have infiltrated peace organizations. In Arapahoe, Colorado, a new attendee of a peace group encouraged the group to bomb bridges and be more aggressive. It turned out that this "new" member was an undercover policeman. Government police in disguise have also marched along with protesters in Washington, D.C., spraying pepper into the eyes of demonstrators.
Gag orders abound in the name of security. In addition to the secret library subpoenas, news organizations, reporters, and lawyers who want to name their detainee clients have been silenced. This abuse of the freedom of speech prevents the public from being informed.
The Patriot Act encourages people to spy and report on neighbors, friends and relatives. Fox TV working with the government in spy work, but when other news organizations learned of it, Fox disbanded the effort. A scuba diving shop was subpoenaed by the FBI to give names of all customers for the past three years, including people who had taken lessons. These customers were never going to acquire the skill level of Navy Seals to bomb harbors. When the store declared unreasonable search and seizure, the subpoena was dropped.
Action to Restore Rights
It is high time to take back our rights. Because we have no common religion or race, it is the Constitution that binds us together. This document makes us strong; we must not let it be eroded. The ACLU has identified the sections of the Patriot Act that violate the constitution. Some courts have struck down these sections. Four states have passed resolutions against the Patriot Act. There are 390 communities that now are working to restore our rights. Parts of this act are up for renewal in December 2005. We must not reauthorize the parts that are unconstitutional or allow a sunset of many years to be applied to them. We can write our congressmen and women to this effect. The ACLU is constantly supporting rights and is currently running the New York Bill of Rights Defense Campaign, so they need our support also. For more information look up http://www.nycbordc.org/.
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