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Civil Liberties Since 9/11

The Des Moines Sunday Register (September 1, 2002 edition) published this list of changes to civil liberties since September 11. It was in the print (but not online) edition of the paper accompanying the opinion article Lessons in Freedoms, Rights" by Rekha Basu. Thanks to NACDL Board Member and criminal defense attorney Priscilla Forsythe of Spirit Lake, Iowa for retyping it so we could include it here:

"Some of the fundamental changes to Americans' legal rights by the Bush administration and the USA Patriot Act following the terror attacks are:

Freedom of Association: Government may monitor religious and political institutions without suspecting criminal activity to assist terror investigation

Freedom of Information: Government has closed once-public immigration hearings, has secretly detained hundreds of people without charges, and has encouraged bureaucrats to resist public-records requests.

Freedom of Speech: Government may prosecute librarians or keepers of any other records if they tell anyone that the government subpoenaed information related to a terror investigation. The FBI won't say how many public libraries it has checked in order to determine who is getting particular books or looking up certain information on computers. A University of Illinois survey of nearly 2,000 libraries in December and January determined that the agency searched one of every nine of the nations largest libraries.

Right to Legal Representation: Government may monitor federal prison jailhouse conversations between attorneys and clients and deny lawyers to Americans accused of crimes.

Freedom from Unreasonable Searches: Government may search and seize Americans' papers and effects without probable cause to assist terror investigation.

Trial: Government may jail Americans without a trial.

Right to Liberty: Americans may be jailed without being charged or being able to confront witnesses against them.

Other Changes: Government may listen to suspects on any telephones they might use, not just on a specific phone. The FBI and intelligence agents may share information, an unprecedented shift away from a 24-year-old policy that placed a high wall between domestic law enforcement officials and the CIA. The Treasury Department may target banks and foreign countries deemed havens for money-laundering. The Immigration and Naturalization Service may hold noncitizens up to seven days without charges and detain them indefinitely if they are considered a threat to national security.

Now: At least 147 people remain in custody in the United States, Seventy-four of those were in custody for immigration violations, 73 on secret federal criminal charges, and an undisclosed number as "material witnesses," according to Justice Department court filings. The detainees were among an estimated 1,200 rounded up under the government's post-Sept. 11 secret arrests, detentions and interrogations.

Internationally, nearly 600 people from Afghanistan, Pakistan and 30 other nations were captured by U.S. soldiers and taken to the U.S. naval base in Guantanamo Bay where they remain, and an undisclosed number are being held at a U.S. air base in Bagram, Afghanistan. The military Wants to add more that 200 cells at Guantanamo because space is running out.

Court rulings: A U.S. district judge has ordered the government to identify domestic detainees and their lawyers before the end of the month. The Justice Department has appealed.

A Cincinnati-based federal appeals court has ordered the government to open deportation hearings, ruling unconstitutional the policy of barring public and media from deportation hearings deemed a "special interest" to the anti-terrorism campaign.

Another U.S. district judge ruled the Cuba detainees don't have a right to U.S. court hearings.

What's ahead: The Senate will vote on President Bush's plan for a Department of Homeland Security, including his proposals to create a national identity card and a civilian corps to report suspicious activities in neighborhoods around the country.

The 4th U.S. Circuit Court of Appeals will decide whether an American citizen held incommunicado by the military has a right to a lawyer.

A special national security appeals court will consider how much and what kinds of information intelligence agencies can give federal prosecutors and investigators."

< NY's AG Spitzer: The Lone Wolf? | War on Terror: Mixed Reviews >
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