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Civil Liberties Safe Zones

Nat Hentoff in today's Village Voice:

From what I can find out, Ashcroft's plan may be not to introduce Patriot II as a whole, but rather to slip sections of it into bills dealing with national security. Fortunately, the ACLU's Washington staff and other civil liberties organizations keep a very close watch on bills the Justice Department can use to set more land mines for the Constitution.

But it is important to realize that the more than 100 civil-liberties-zone resolutions around the country include a requirement--sent to each of the federal legislators representing that community--that those members of Congress actively work to repeal laws and combat executive orders that violate the civil liberties enumerated in the Bill of Rights. I would also suggest messages of support to those members of Congress who already are demanding of Ashcroft, the FBI, the CIA, the Homeland Security Department, and others in the ever expanding web of surveillance that they tell us precisely how they are implementing these expanding threats to individual liberties.

Our understanding is the same as Hentoff's about the probable piecemeal approach Ashcroft may take. We wrote about the likely sneak attack on May 8 in discussing the passage of the Schumer-Kyl bill, S. 113, expanding the definition of terrorist for FISA wiretap purposes to include persons not affiliated with a foreign power (the "lone wolf" provision.)

Could this be the beginning of an attempt to pass the provisions of Patriot Act II piecemeal, thereby avoiding the controversial label "Patriot Act II" ? If another section of PA II gets introduced and passed this way, we foresee a monumental problem. The Schumer-Kyl bill was originally introduced on January 9, the same date on the draft of Patriot Act II. A coincidence?

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