Posted on 07/31/2003 12:15:10 PM PDT by bicycle thug
A Portland mosque that has been scrutinized as part of a local terrorism investigation joined five other groups Wednesday in the first legal attack on the USA Patriot Act, the sweeping federal law passed after the Sept. 11 terrorist attacks that critics say gives the government free rein to spy on ordinary people.
In a federal lawsuit directed at two of the nation's top Patriot Act patrons -- U.S. Attorney General John Ashcroft and FBI Director Robert Mueller -- mosque and other leaders claim that one particularly offensive section gives the FBI unlimited authority to seize personal information without a search warrant or probable cause.
This includes lists of books residents have checked out of the library, lists of political and charitable organizations they support, and medical records, the suit says. The suit says the law unconstitutionally gags libraries and others from talking about the government's inquiries, which critics say unfairly target Muslims and Arab Americans.
"There is no limit to the kind of information that the FBI can get," said David Fidanque, executive director of the American Civil Liberties Union of Oregon. And, unless the government brings charges, innocent people who are investigated will never know it, he added.
That group is supporting a U.S. District Court lawsuit filed Wednesday in Detroit, Mich., by the national ACLU office on behalf of six plaintiffs. They include the Islamic Center of Portland, or Masjed As-Saber, the mosque attended by seven people charged in a pending Oregon terrorism case known as the "Portland Seven."
Backers say the suit was filed now to try to force federal officials to explain its use of the Patriot Act to the public before 2005, when sections of it are due to expire if not renewed by Congress.
Other plaintiffs include the Muslim Community Association of Ann Arbor, Mich., and the American-Arab Anti-Discrimination Committee.
Alaa Abunijem, president of the Islamic Center of Portland, said the mosque joined the lawsuit despite concerns of provoking additional scrutiny of its members by the FBI. He said attendance at the mosque has fallen because members fear any comments may be overheard by government agents.
"The FBI has interviewed many Muslims in the Portland area and has asked questions about other worshipers and their political and religious views," he said. As a result "many people who worship (at the center) and other local mosques are now afraid to donate to their organizations because they fear their donations will provoke FBI investigation and harassment."
Justice defends act In a same-day written response, the U.S. Department of Justice defended the act as "a long-overdue measure to close gaping holes" in the nation's security system. The section of law in question "scrupulously respects First Amendment rights, requires a court order to obtain any business records," the statement said, "and is subject to congressional reporting and oversight on a regular basis."
During a July 18 visit to Oregon, Ashcroft defended the act as a necessary tool in the fight against terrorism. However, while the attorney general was meeting with members of Portland's Joint Terrorism Taskforce, protesters criticized him and the act -- part of what the ACLU describes as increasing public outrage about crumbling civil liberties.
Because of the secrecy surrounding the USA Patriot Act, the ACLU and other critics said it's impossible to know how frequently it's being used, what kind of information is being sought, and whether any of it is useful in the fight against terrorism. Fidanque said the United States must protect itself from terrorists, but the government has the investigative powers to do so without resorting to the Patriot Act.
"I think what we are seeing is the tip of the iceberg," he said.
Lawyer Emily Simon, a member of Havurah Shalom and a guest speaker at the ACLU news conference, said she wanted the Islamic Center to know it has the support of the larger community in taking action against the Patriot Act.
"If it's Muslims today (being targeted), it's potentially any other religious group tomorrow," she said. "It's very scary when the U.S. government is allowed to keep lists and keep them secret. . . . And no one knows that better than the Jewish community."
Douglas Stringer, a former federal prosecutor who now does federal criminal defense work in Oregon, said he supports the ACLU lawsuit as a necessary curb on government power.
"There is cause for concern about the overwhelming amount of secrecy that shields the government from oversight, and prevents the public from having any idea of the nature of the investigations or the extent to which these provisions are being used," Stringer said. "That's not to say the government isn't entitled to conduct investgations . . . but any time secrecy is the priority, you've got the potential for abuse."
Across the country, some libraries are purging their reading lists to prevent government intrusion. Although the Multnomah County Library did not change its policies in response to the act, it does not keep a history of books checked out and returned on time by patrons, said Penny Hummel, library system spokeswoman. Once a book or material is returned, the computer automatically removes the title, she said.
Sen. Ron Wyden, D-Ore., a leading critic of the Patriot Act, said he hoped the suit would prompt Congress to revisit the law and amend portions that needlessly deprive citizens of their constitutional rights.
"I think now, almost two years after a horrible tragedy, Congress has a duty to strike a balance that will allow our country to fight terrorism ferociously without gutting civil liberties," he said. "It can be done."
Jim Barnett and Janet Christ of The Oregonian staff contributed to this report. Robin Franzen: 503-221-8133; robinfranzen@news.oregonian.com
"Yo, Ahmed let's not talk about the new orders from Teheran here. Let's meet at my house, out back behind the garage, right after prayers this afternoon. We can plot then. I fear any comments here may be overheard by government agents."
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