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Hentoff: Ashcroft v. Constitution (or sakic's argument for slamming W and Ashcroft on Patriot Act)
(holding my nose) The Village Voice ^ | 11.26.01 | Registered

Posted on 11/28/2001 6:33:06 AM PST by Registered

EPILOGUE..

To: wideawake
But I hope her successful convalescence gives her time to rethink her assaults on American freedom. (Registered note: Regardng Sarah Brady's lung cancer)

When W and Ashcroft face death I wonder if they will rethink their assaults on American freedom?
33 posted on 11/27/01 7:08 PM Eastern by sakic

To: sakic
When W and Ashcroft face death I wonder if they will rethink their assaults on American freedom

Be specific. Name all of these assaults on freedom that the citizens of the United States are being subjected to by Bush and Ashcroft.
94 posted on 11/27/01 8:26 PM Eastern by Registered

To: Registered
Here you go
101 posted on 11/27/01 8:42 PM Eastern by sakic

To: sakic
The Village Voice!?!?!? Bwaaaahahahahaha! You are a work of art!
147 posted on 11/27/01 9:53 PM Eastern by Registered

To: Registered
Nat Hentoff remains the strongest defender of the Constitution in this country. The fact that you don't know this comes as no surprise.
156 posted on 11/28/01 7:13 AM Eastern by sakic

To: sakic
I know who the man is, however your apparent lemming-like approach to every word that proceedeth out of his mouth draws a shadow on your ability to defend what you said earlier. I just checked and Nat's article apparently hasn't been posted yet in the FR forum. Why don't you post it and let's start discussing the specifics of what Nat's concerns are with the USA PATRIOT Act. Of course, the brunt of his analysis came with the assistance of the beloved ACLU, so this could be a fun exercise.

In my mind your little link to his article in no way justifies the idiotic statement you made at the start of this thread. I'm not immune to making the same type of stupid statement you did, but at least when I make them I apologize and move on.
161 posted on 11/28/01 10:16 AM Eastern by Registered

...and now

Nat Hentoff
Giving the FBI a ‘Blank Warrant’
John Ashcroft v. the Constitution

We're going to protect and honor the Constitution, and I don't have the authority to set it aside. If I had the authority to set it aside, this would be a dangerous government, and I wouldn't respect it. We'll not be driven to abandon our freedoms by those who would seek to destroy them. —Attorney General John Ashcroft, Legal Times, October 22

It is a good bill . . . that allows us to preserve our security . . . but also protect our liberties. —Patrick Leahy, Democrat, chairman of the Senate Judiciary Committee, National Public Radio, October 26

George W. Bush, with great satisfaction, signed the USA PATRIOT Act on Friday, October 26, after both the House and Senate overwhelmingly approved most of what John Ashcroft had urgently sent them, demanding that they move immediately to show the nation and the terrorists that we would surely prevail in this war for freedom.

A few hours later, presidential press secretary Ari Fleischer held his regular televised press conference, attended by Washington's elite cadre of journalists, who asked no substantial questions about the new antiterrorism legislation. The subject was disposed of quickly. On the following Sunday morning's commentary and analysis programs, there were also no probing questions about what the bristling new law was doing to the Constitution. Not even Tim Russert, the most careful researcher among the Sunday hosts, paid it much mind.

And in the weeks since, in most newspapers, and as usual, on both broadcast and cable television as well as radio, Americans who cared at all were not able to find news of how a good many of their fundamental liberties had been diminished.

As George Melloan had said in the October 23 Wall Street Journal, "one of the most insidious things about terrorist attacks" is that "they engender an 'anything goes' mentality within the nation under attack. . . . Yet as both President Bush and Mr. Ashcroft have observed, if the attacks force a general curtailment of civil liberties, the terrorists have won."

Well, we've begun to lose that part of the battle.

For the following guide to what's actually in the USA PATRIOT Act, I am indebted to the ACLU's extensively detailed fact sheets—which were sent to Congress and the press as the bill was being steamrollered through—along with the analyses by the Center for Democracy and Technology in Washington. Also included are interviews with staff members of both organizations and workers at other civil liberties bunkers.


To begin with, because of the limited technology in his time, George Orwell could not have conceived of how pervasively we are now going to be surveilled.


I have differed with the ACLU on some issues, but the work by its persistent Washington staff was extraordinarily comprehensive. Congress, however, was panicked; and the press, by and large, works hard to understand anthrax—but not the Constitution.

I saw hardly any mention, by the way, of the fact that Congress was in such a rush to yield to most of John Ashcroft's demands that although there were some differences between the House and Senate bills, the time-honored practice of holding a conference between the two bodies to resolve the disagreements was abandoned. Instead, behind closed doors, the leaders worked out a "preconference" arrangement.

Therefore, when this law is challenged in the courts—by the ACLU and others—the judges, without a formal conference report in front of them, will not have a clear understanding of the legislative intent of this law. Maybe that's what our leaders wanted.

To begin with, because of the limited technology in his time, George Orwell could not have conceived of how pervasively we are now going to be surveilled. St. Petersburg Times syndicated columnist Robyn Blumner has noted that we are already changing from being citizens to being dossiers. But you ain't seen nothing yet.

The USA PATRIOT Act has markedly loosened the standards for government electronic surveillance—of our computers, e-mail, Internet searches, and telephones. This means all kinds of telephones, including, for example, not only the pay phones that the suspect may be using, but any pay phones in the area of his or her travels. This vast expansion of eavesdropping is due to the law's extension of roving wiretaps, and to the one-stop national warrant that will cover a suspect anywhere he or she goes. That wouldn't have surprised Orwell.

This peripatetic surveillance applies not only to terrorist investigations, but under some provisions of the law, to routine criminal investigations.

As the ACLU emphasizes, this law "limits judicial oversight of electronic surveillance by: (i) subjecting private Internet communications to a minimal standard of [judicial] review; (ii) permitting law enforcement to obtain what would be the equivalent of a 'blank warrant' in the physical world; (iii) authorizing scattershot intelligence wiretap orders that need not specify the place to be searched or require that only the target's conversations be eavesdropped on; and (iv) allowing the FBI to use its 'intelligence' authority to circumvent the judicial review of the probable cause requirement of the Fourth Amendment." (Probable cause means demonstrating that a crime has occurred, is occurring, or will occur.)

So say goodbye to the Fourth Amendment:

"The right of the people to be secure in their persons, household papers, and effects, against unreasonable searches and seizures, will not be violated; and no warrants will issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized."

Keep in mind that the new law's definition of "domestic terrorism" is so broad, as we shall see in future columns, that entirely innocent people can be swept into this surveillance dragnet. You are not immune.

As law professor and privacy expert Jeffrey Rosen points out in the October 15 New Republic, "If [unbeknownst to you] your colleague is a target of [the already in-place] Foreign Intelligence Surveillance Act Investigation [with its very low privacy standards], the government could tap all your [own] communications on a shared phone, work computer, or public library terminal."

Furthermore, all this vast "intelligence" data can now be shared with the CIA, which is again allowed—despite its charter forbidding it to engage in internal security functions—to spy again on Americans in this country, and without a court order. People of a certain age may remember when the CIA did spy here on law-abiding dissenters, mostly on the left, in total contempt of the Constitution.

Next week: The breaking in of your doors when you're not there for FBI secret searches ("black bag jobs") under the authority of the USA PATRIOT Act.


Related Stories:

"Military Justice Is to Justice as Military Music Is to Music" by Alan Dershowitz

"No to Military Tribunals: They Are Not Fair" by Norman Siegel

"Abandoning the Constitution to Military Tribunals" by Nat Hentoff

"Technology and Its Discontents: Cyber-libertarians, Technologists, and Congress Wrangle Over Electronic Privacy Issues During Wartime" by Brendan I. Koerner



TOPICS: Constitution/Conservatism; Editorial
KEYWORDS: patriotact
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Comment #101 Removed by Moderator

Comment #102 Removed by Moderator

To: Registered
BTW - If you are accused of being a terrorists by a corrupt president(Edwards? Hillary? Julie Dennis?), you have a lot to fear. Remember Sore Loserman? I bet Congressman Peter Deustch of Broward County thinks you are a terrorist(AP Wire).

In 2005 we don't know who is going to be in charge. I assume nothing. I don't trust power, and those with power over others.

With my posts here on FR and my work at MCRGO, I could very well be a target. I have some enemies out there, and the anti-gunners know who I am. That's part of the price of being an activist. The last thing I want is the return of Janet Reno.

This 'Patriot Act' here affects Citizens as well as non citizens.

103 posted on 12/02/2001 10:26:48 AM PST by Dan from Michigan
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To: MadIvan
A President Hillary would be particularly keen to nail your arse to the wall if you caused her enough pain. And do not doubt for a minute she would pervert the rules to do so.

I look at every law as if Adolf Hitler himself was in charge with the powers under the law. There's a reason for it, and just had an 8 year learning experience why.

104 posted on 12/02/2001 10:28:51 AM PST by Dan from Michigan
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To: AmishDude
Unintentionally self-referential use of irony.

:)

105 posted on 12/02/2001 10:31:39 AM PST by Roscoe
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To: MissAmericanPie
This Patriot Act places everyone in the same catagory as the terrorists, and now it is up to the individual to prove his innocence rather than the law having to prove his guilt.

Yep. Else, we lose our property. That's what is known as 'affirmative defense'. It is the same as Ohio's Conceal Carry law. It's illegal, unless you prove you had a good reason in court.

106 posted on 12/02/2001 10:33:19 AM PST by Dan from Michigan
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To: Registered
how could that be used against me in the court of law?

Q: What do you call an illegal wiretap in court?

A: "Anonymous Sources"

107 posted on 12/02/2001 10:33:24 AM PST by steve-b
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To: Registered
I wonder OWK, if given the responsibility to protect the citizens of the Unites States, what actions people like yourself would take?

Step one: Bring law and policy into conformance with the Second Amendment. That, unlike the Big Brother Bill, would have prevented 9/11.

108 posted on 12/02/2001 10:37:34 AM PST by steve-b
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To: Registered
As an example, when a suspect leaves one geographical area and travels to another, do you want law enforcement to go through the same process to once again get judicial approval for a tap?

I want the Feds to have to deal with the sitting judge of the jurisdiction, rather than take all requests to the most round-heeled judge to be found anywhere in the nation for his rubber stamp.

109 posted on 12/02/2001 10:39:17 AM PST by steve-b
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To: Jolly Rodgers
How do you feel about having to give a DNA sample before being allowed to exercise your 2nd Amendment rights, or opening a bank account?

Anybody who wants me to give them a DNA sample had better be wearing a black beret, a blue dress, and kneepads.

110 posted on 12/02/2001 10:42:20 AM PST by steve-b
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To: diotima
Indeed. Clinton tried to pull some of this after OKC, and people were (quite properly) denouncing him for exploiting the dead in service to his political agenda.

Meet the new boss....

111 posted on 12/02/2001 10:46:18 AM PST by steve-b
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To: sakic
Knee-jerk reactionary, unvetted legislation, an overflowing crap-pot full, I agree.

Just one thing though. Current present danger with a Senate full of for-sale mendacious untrustworthy curs , and many in the House the same of worse (Mr. Franks comes to mind, dear sakic), means that by our lack of diligence and respect for integrity in Government and elected office -- a disrespect for integrity that goes very deep in the Amrican pysche and history, a disrespect and disregard that climaxed in the reign of Zipperless-F*** Clinton -- means that without this pot of crap legislation more of us, more of the little people will be slaughtered to the murderous whimsies of the terrorists.

Sorry, sakic, the disrepair of the nation's government, the perversions to integrity of the last decades have brought this necessity of crap about.

It's a shower of s**t, but an unavoidable one now.

We just have to resolve to wash off thoroughly later -- and may that later be soon.

112 posted on 12/02/2001 10:48:38 AM PST by bvw
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To: A.J.Armitage
"The issue isn't tribunals outside the United States, it's tribunals inside the United States. In that case, it most certainly does not violate the Constitution to use civilian courts."

That's simply incorrect. Military tribunals are under the Executive Branch. Civilian Courts are under the Judicial Branch. Moving the trials of foreign warriors from the Executive Branch to the Judicial Branch would VIOLATE our Constitutional separation of powers.

Moreover, by attacking U.S. territory directly, foreign warriors are NOT granted more rights than if they attacked American interests abroad. The Japanese who conquered the American Aleutian islands during WW2 did not suddenly get all of the protections afforded to American citizens by our Judicial Branch courts. Likewise, foreign terrorists who attack and plan attacks against domestic American targets do not suddenly obtain the full protections of American civilian courts under our Judicial Branch. In fact, a review of my 1901 Alabama state Constitution explicitly grants the citizens of this state to unilaterly use force of arms to stop such attacks WITHOUT any trial whatsoever.

The fact that we would grant military trials at all to those who place themselves under the Geneva Convention's definition of spies and sabotuers subject to summary execution (i.e., not clothed in the military uniform of their country while planning/executing attacks), merely shows that the U.S. is extraordinarily concerned with civil rights - even to the extent that we risk damage to our nation in order to give trials to such people.

113 posted on 12/02/2001 11:16:51 AM PST by Southack
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To: ChareltonHest
"I've said it before and I'll say it again: The "Patriot" Act was a greater blow to our country than the 9/11 attacks."

Why, specificly?

114 posted on 12/02/2001 11:22:00 AM PST by Southack
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To: Southack; A.J.Armitage
"...The issue isn't tribunals outside the United States,
it's tribunals inside the United States.
In that case, it most certainly does not
violate the Constitution to use civilian courts..."
# 97 by A.J.Armitage
*******************

To: A.J.Armitage
"...Likewise, foreign terrorists who attack and plan attacks
against domestic American targets
do not suddenly obtain the full protections
of American civilian courts under our Judicial Branch..."

# 113 by Southack

************

As long as we are in peace-time,
a criminal cannot be subject to a military trial.

115 posted on 12/02/2001 11:40:51 AM PST by exodus
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To: OWK
The "Republicans, right or wrong" mindset on this forum is pervasive. If these assaults on the Bill of Rights had occurred under a Democratic administration, most of the Freepers here would be enranged. But the same constitutional atrocities carried out by a Republican administration are applauded.

They should start calling this forum "Un-FreeRepublic." It's been taken over by war-mongering Republican party ideologues who believe the state should be given unlimited power to fight its "war on terrorism" -- a war that has become full-scale assault on our most precious freedoms.

116 posted on 12/02/2001 11:49:18 AM PST by Un-PC
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To: Registered; OWK
*******************

To: OWK
Let's say that my conversation was taped or intercepted by the FBI
during a wiretap of lines that ran to and from a terrorist's apartment complex...
how could that be used against me in the court of law?
# 9 by Registered

************

It can be used in the same way
that a bag of drugs and a stick of dynamite
sitting on the front seat of your car
during a traffic checkpoint would be used.

It was "in view."

117 posted on 12/02/2001 11:50:49 AM PST by exodus
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To: Registered
Hentoff: Ashcroft v. Constitution (or sakic's argument for slamming W and Ashcroft on Patriot Act)
EXCUSE me, but, didn't CONGRESS pass this 'Patriot Act'?

Where is the outrage for CONGRESS passsing this?

118 posted on 12/02/2001 11:56:50 AM PST by _Jim
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To: exodus
"As long as we are in peace-time, a criminal cannot be subject to a military trial."

Oh please. The Nuremburg trials took place "in peace-time."

Do you think that there is some super-secret paragraph in our Constitution that says that criminals get more rights unless Congress writes "WAR" on a bill??

119 posted on 12/02/2001 11:57:45 AM PST by Southack
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To: diotima
If the Clinton's pulled this, we'd be screaming for blood.

Tsk, tsk, tsk.

120 posted on 12/02/2001 12:03:21 PM PST by A.J.Armitage
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