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Investigators Seeking Terrorists Face Legal Restrictions, Concerns About Civil Rights
TBO.com ^ | 9/15/01 | Gina Holland

Posted on 09/14/2001 11:55:07 PM PDT by kattracks

WASHINGTON (AP) - As investigators look for clues and suspects in the nation's worst terrorist attacks, some legal experts worry they might stop people for questioning simply because they look Arab or Muslim.

"I'm very worried about what's going to be done in the name of security," Kevin Johnson, a racial profiling and immigration expert at the University of California at Davis Law School, said Friday.

Johnson said he expects "blunt stereotyping and shaking down" of people who appear Middle Eastern even though "it's blatantly illegal."

About a dozen travelers of Middle Eastern descent were detained at two New York airports on Thursday, only to be cleared later of any connection with this week's terrorist attacks.

It is illegal for law officers to target someone based on ethnic appearance. Courts have also historically ensured that foreign nationals are guaranteed the same civil rights as U.S. citizens.

Nevertheless, officers are under intense pressure to track down potential conspirators and "they can decide to heck with the due process rights of these people, we might be onto something," said Christine DeConcini, director of advocacy for the Washington-based Catholic Legal Immigration Network Inc.

"I'm all in favor of getting leads, but people's civil liberties and civil rights need to be protected. I don't want to hear that they're ransacking house after house," she said.

The Justice Department said a number of people questioned in connection with the plot have been arrested for immigration violations and were in the custody of the Immigration and Naturalization Service.

The INS has 48 hours after an arrest to charge someone with violating immigration rules.

DeConcini, whose group provides lawyers to detained immigrants, said she was told that phone calls were not being allowed out of the INS detention centers, even to lawyers.

Arab-Americans, Muslim and others groups have reported harassment and violence since the attacks on the World Trade Center and Pentagon. Most of that has come from other Americans.

The prime suspect in the plot is Saudi-born Osama bin Laden. Authorities believe there are many accomplices.

President Bush said Thursday that "we must be mindful ... we treat Arab-Americans and Muslims with the respect they deserve."

Kareem Shora, legal adviser to the Arab American Anti-Discrimination Committee in Washington, said the group has not received reports of rights violations by law agencies.

"Mistakes will be made. You can't have a perfect investigation. As far as we know, no intentional mistakes are being made," Shora said. "Everybody understands it's a very special situation. We all have to cope with it."

After the Oklahoma City bombing, innocent people found themselves targeted because they fit a government profile, said Michael A. Scaperlanda, a University of Oklahoma law professor.

"In a time of heightened security, there's always a danger that law officers will go overboard and overreach in their quest to keep us safe," said Scaperlanda. "Police officers generally can find some reason to stop somebody. It is going to take sensitive balancing."


TOPICS: Front Page News; News/Current Events
KEYWORDS:

1 posted on 09/14/2001 11:55:07 PM PDT by kattracks
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To: kattracks
What next - will the ACLU demand quotas to make sure the proper proportion of whites, hispanics and blacks are stopped and questioned?
2 posted on 09/15/2001 12:00:03 AM PDT by doc30
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To: kattracks
What a damn idiot. I suppose the investigators should be forced to search an equal number of white/asian/etc people who they know won't be involved with Osama. We aren't playing games anymore. Is this monster willing to have innocent blood on his hand because some middle eastern terrorists got by security either because investigators didnt want to be accused of "racism" or because they were wasting their time investigating people of other nationalities to avoid allegations of profiling. PROFILING IS WHAT GOOD LAW ENFORCEMENT IS ALL ABOUT. If you have limited resources, you must focus your efforts where they are most likely to bear fruit.
3 posted on 09/15/2001 12:00:07 AM PDT by Godel
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To: kattracks
Horse crap.
4 posted on 09/15/2001 12:03:02 AM PDT by Joe Hadenuf
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To: kattracks
Already Americans are being charged with "hate" crimes due to their reactions to what has happened. Seems like we have even fewer rights than the scum who perpetrated this.
5 posted on 09/15/2001 12:06:14 AM PDT by AlaskaErik
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To: kattracks
Kareem Shora, legal adviser to the Arab American Anti-Discrimination Committee in Washington, said the group has not received reports of rights violations by law agencies.

"Mistakes will be made. You can't have a perfect investigation. As far as we know, no intentional mistakes are being made," Shora said. "Everybody understands it's a very special situation. We all have to cope with it."

Wow, a voice of reason? At an anti-discrimination committee? Too bad the other idiots in this article couldn't take the cue...

6 posted on 09/15/2001 12:09:09 AM PDT by pcgTheDestroyer
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To: AlaskaErik
Hang-on, Erik. I gotta hunch this ride just started....FRegards
7 posted on 09/15/2001 12:13:43 AM PDT by gonzo
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To: pcgTheDestroyer
Bullhockey. As I noted in a cybersamizdat post elsewhere on Free Republic, terrorists SHOULD have NO rights period. By their very conduct they have put themselves beyond the pale of humanity and have forfeited a right to humane treatment. They're human ticking bombs liable to go off at any minute. They need to be tortured, beaten, electro-shocked, have their teeth pulled out, and blinded if that's what it takes to have them give up the information necessary to save lives. Once that's done no lawyers, no trial, no ACLU and no Supreme Court. And for terrorists caught planning or going into action its force de majeure - a good terrorist is a dead terorist. That should be our policy towards those who make war on our families, friends, and our fellow citizens.
8 posted on 09/15/2001 12:23:03 AM PDT by goldstategop
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To: kattracks
New, bogus 'civil rights' have nothing to do with traditional liberty.
Let's sacrifice false rights first -- or instead.
9 posted on 09/15/2001 12:52:15 AM PDT by meta
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To: kattracks
Not even a week into this and they are starting to come out of the woodwork. Be prepared for more of this crap!!
10 posted on 09/15/2001 1:02:15 AM PDT by StayoutdaBushesWay
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To: kattracks
Arab-Americans, Muslim and others groups have reported harassment and violence since the attacks on the World Trade Center and Pentagon.

Goodness me.

Shock! Horror!

What a surprise.

11 posted on 09/15/2001 3:09:40 AM PDT by Brian Allen
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Comment #12 Removed by Moderator

To: kattracks
I believe that authorities are justified in using the ethnic factor in screening for terrorists. Anti-Americanism is strong in the Arab world. Moreover, the risk that someone is a terrorist is higher if that person is not a U.S. citizen, and the reality is that the risk that someone is not a citizen is higher for certain ethnic backgrounds.

As civilians, on the other hand, we should not foment hatred of Arab-Americans or Muslims. I believe that most Arab- and Muslim-Americans love peace and democracy. President Bush has said that we should treat them with respect. That makes it our patriotic duty, plain and simple.

13 posted on 09/15/2001 4:47:46 AM PDT by CompassionateLibertarian
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To: AlaskaErik
You got it.Today there are people in this country who actually side with those elements among us who intend to kill. This is why millions are at risk e.g. a suitcase nuke.

Yes, the Near Eastern elements among us are warm, wonderful people who have proper relations with their families and are kind to their pets. That is social thinking. Politically there are those among them who are going to kill on a demonstratably large scale. There is no known way to separate the two groups. Mass expulsions are politically necessary. Norwegians, Danes, Englishmen,Scotsmen are not the ones who will 'lose their liberties'. Such expulsions are not nice, warm, fuzzy, tolerant, diverse, egalitarian and all the other twaddle. It is your lives and your property.

I hear much babble about WAR. Well act like war is here. Instead what is demonstrated is a fingering, licking, toying and tampering with a serious thing.

"War is cruelty Sir, there is no way to refine it." William T. Sherman 1864 at the battle of Atlanta.

14 posted on 09/15/2001 5:09:42 AM PDT by HENRYADAMS
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To: kattracks
These sniveling snobs and their individual civil rights.We are willing to let millions die and that is what is going to happen if we are not careful. I believe in the law but when you are at war the rules change,they have to if we are to protect this country and our way of life.This is like court,lawyers use the laws to weaken America and if you dont believe it look what has happened.They come here,train here and bomb us from within.I have lived my life but I want my kids and grandchildren to have their opportunity. Diversity is killing America because you cant identify the enemy and without certain restraints in times like these we will fold from within. I get tired of hearing this mess racial profiling if we are truly Americans we wont mind being inconvenienced a bit during times like these.When a rogue elephant kills someone you dont go looking for a giraffe. I will go as far to say that we need to close our borders down and weed out the illegals here before we reopen them again and when that time comes we must control them. Freedom has a price but if the terroist have their way we will not be free any longer and I would rather be dead than living in fear and being run by a Bin Laden.type.
15 posted on 09/15/2001 5:10:30 AM PDT by gunnedah (Gunnedah)
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To: kattracks
The ACLU will be the END of life , liberty and property if we allow it.
16 posted on 09/15/2001 5:11:50 AM PDT by FReethesheeples
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To: HENRYADAMS
I believe that a declaration of war would provide a firmer ground for doing what is necessary to root out terrorists, AKA saboteurs. The Rules of War have special provisions to deal with combatants not wearing uniforms and the like. Like weapons, laws and other devices can be used for good or evil and the nature of their use depends solely upon whom is wielding them.
17 posted on 09/15/2001 5:22:57 AM PDT by monocle
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To: goldstategop
Bullhockey. As I noted in a cybersamizdat post elsewhere on Free Republic, terrorists SHOULD have NO rights period.

I agree wholeheartedly. However, that's NOT the point I was making, nor is it what Shora was saying in the article. Here is a member of the Arab-American community saying, basically, LAW-ABIDING Arab-Americans (of which Shora is one) should not throw a fit when they are mistakenly targetted.

I'm saying Shora's response to the possibility of Arab-American ``harrassment'' is very responsible and patriotic. Shora has noted that her ``rights'' may be temporarily suspended, and she's okay with that.

Sheesh, forgive me for trying to find the silver lining in an otherwise disgusting article...

18 posted on 09/15/2001 8:28:19 AM PDT by pcgTheDestroyer
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To: Godel
Security through Freedom? (a call for ideas)

More freedom of judgment?

19 posted on 09/17/2001 12:37:10 PM PDT by meta
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