ACLU Welcomes Bi-partisan "True PATRIOT Act"
An ACLU press release says:
ACLU Welcomes Bi-partisan “True PATRIOT Act,” Measure Seeks to Restore Freedoms Lost Post 9/11
September 24, 2003
FOR IMMEDIATE RELEASE
Contact: Media@dcaclu.org
WASHINGTON – The American Civil Liberties Union today joined with members of Congress and civil rights groups in welcoming bi-partisan legislation aimed to correct some of the most contentious provisions of the USA PATRIOT Act and other controversial measures adopted post 9/11. At a news conference today, Reps. Dennis Kucinich (D-OH) and Ron Paul (R-TX) unveiled their “Benjamin Franklin True Patriot Act.”
“We now know that the PATRIOT Act and other measures went too far, too fast,” said Gregory T. Nojeim, Associate Director and Chief Legislative Counsel of the ACLU Washington Legislative Office. “Now we see members from both sides of the aisle are calling for corrections to be made, and this bill stays true to Benjamin Franklin’s call for a balance between security and liberty. We remain committed to ensuring that America remains both safe and free.”
The PATRIOT Act was rushed through Congress in the weeks after 9/11. Now, two years later, cooler heads are revisiting some of the more controversial provisions of the Act. The Kucinich-Paul bill would correct some of those measures, including: section 213, which permits the use of “sneak and peek” delayed notification search warrants; section 215, which gives law enforcement access to a wide array of personal records, including library, medical and educational records, and section 415, which allows for the indefinite detention of non-citizens certified by the Attorney General as terrorists, and bypasses judicial review.
The bill would also roll back other policies adopted post 9/11, including the ability of the Department of Justice to monitor privileged attorney-client conversations, guidelines permitting FBI agents to monitor houses of worship, legal opinions that would permit local law enforcement to enforce civil immigration law and exemptions to the Freedom of Information Act, which allow for companies to keep secret flaws in their infrastructure by sharing that information with the Homeland Security Department.
Introduction of the bill comes on the heels of President Bush’s recent call to further expand the powers of law enforcement. The ACLU has raised serious concerns with these measures, particularly since most are not limited to terrorism related offenses. Many members of Congress – from both sides of the aisle – have voiced hesitation for any further expansion of powers, and are also revisiting ones already granted. In July, the House of Representatives adopted a measure, sponsored by Rep. C.L. “Butch” Otter (R-ID), which prohibits the implementation of section 213, on a vote of 309 to 118, with 113 Republicans voting in favor.
Across America, pro-civil liberties resolutions have been passed in 171 communities in 32 states, and the states of Hawaii, Alaska and Vermont. Many of these resolutions call for a restoration of the civil liberties lost since 9/11.
“These controversial measures addressed by the Kucinich-Paul Bill may not necessarily make us safer, but they definitely make us less free,” added Nojeim. “History has shown the potential for abuse remains too high for Americans to simply ‘trust the government.’”
Nojeim issued an additional statement:
ACLU Endorses Bipartisan Kucinich-Paul Fix-PATRIOT Act Bill
September 24, 2003
Statement of Gregory T. Nojeim
Associate Director, ACLU Washington Legislative Office
FOR IMMEDIATE RELEASE
Contact: Media@dcaclu.org
WASHINGTON – It’s particularly apt that this bill be titled the “Ben Franklin True Patriot Act,” for it was that great leader who once said, “Passion governs, and she never governs wisely.” Passion does not usually govern, but when she does, measures like the 2001 USA PATRIOT Act result. This law – because of the panic created by the worst terrorist attack on American soil -- went too far, too fast.
Passing the massive legislation only 45 days after 9/11, Congress had little opportunity to deliberatively consider the PATRIOT Act. The result was a 342-page piece of legislation, the bulk of which was non-controversial, yet which contained several stealthy, but radical, changes to the investigative powers of our federal government. Civil liberties supporters seek only to roll back these overreaching segments of the bill.
Congressmen Dennis Kucinich from Ohio and Ron Paul from Texas have taken a necessary step in that direction. Congress now has a chance to repair the damage done by what conservative Republican Don Young from Alaska called “emotional voting.” This legislation would ensure that an effective “war on terrorism” is conducted within the bounds of the Constitution. Congress must take this concrete step toward ensuring both our safety and our freedom.
The bill addresses most of the bill’s contentious provisions, repealing Section 213, which normalizes delayed-notification “sneak and peek” searches in statute; Section 215, which grants the FBI vast new authority to secretly access Americans library, medical, financial and even genetic information, among other things, with only cursory judicial review. It also modifies the broad redefinition of “domestic terrorism” in the bill to preclude its use against political advocacy groups.
Not only does this bill deal appropriately with these problematic sections of the PATRIOT Act , it also takes steps to roll back other equally pernicious policies and legislation passed in response to 9/11.
For instance, the proposed True Patriot Act fixes the 18-month-old law barring all non-citizens from working as baggage handlers, a measure that resulted in mass firings of experienced workers -- to the detriment of Americans’ safety. It also seeks to repeal the Attorney General’s regulation that allows the federal government to monitor attorney-client conversations in federal prisons without a court order.
The True Patriot Act also corrects some of the anti-immigrant measures taken since 9/11, including the Justice Department’s policy of closing all immigration proceedings in certain cases, a veil that includes omitting any mention of the hearing in the court docket. The ACLU and Congressman John Conyers of Michigan filed suit against this blackout order last year, prompting a federal judge to declare, “democracies die behind closed doors.” The legislation would also ensure that the FBI would not spy on protesters or in religious institutions unless it was investigating criminal activity.
Congressmen Kucinich and Paul should be applauded for their willingness to revisit the mistakes made in the PATRIOT Act. For America to remain safe and free, we need to keep our eye on the ball and our heart firmly wrapped around the Constitution and Bill of Rights. We support this legislation and encourage other members to co-sponsor it.
Thank you.
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