The Patriot Act threatens due process in two ways:
-- by permitting indefinite detentions of undocumented immigrants, it represents a slippery slope as law professor David Cole explains: "(W)hat we do to foreign nationals today often paves the way for what will be done to American citizens tomorrow," and it's already happening under the concocted notion of "unlawful enemy combatants" anyone for any reason can be called and face prosecution.
-- by the act's "designation provision" that authorizes the Attorney General or Secretary of State to call a foreign organization a terrorist group even if it isn't. Further, the administrative designation is sealed to effectively render it beyond review or challenge.
(2) The Threat to Freedom of Association
"Designation" also threatens freedom of association as aliens and US citizens may be charged and prosecuted because of their claimed association with an "undesirable group." Van Bergen notes that post-9/11, many thousands of Muslims and Arabs were illegally rounded up, detained, imprisoned, abused, tortured and/or deported solely because of their faith. By Bush administration reasoning, Muslims = "terrorists" and "Islamofascists," especially those not white enough.
(3) The Fourth Amendment Threat: Surveillance and Privacy
Patriot Act privacy issues fall under FISA that just got worse as prior to its August recess Congress cravenly caved to the politics of fear and hastily passed the White House crafted Protect America Act 2007 that amends FISA with doublespeak language Orwell would love.
The new law supposedly closes so-called "communication gaps" but will allow virtual unrestricted mass data-mining, monitoring, and intercept of domestic and foreign internet, cell phones and other new technology as well as transit international phone call traffic and emails. The Act claims to restrict surveillance to foreign nationals "reasonably believed to be outside the United States" and will sunset in six months unless renewed as Congress is about to do for at least most of its provisions for six years. In fact, this law targets everyone, including US citizens inside the country, if the AG or DNI claim they pose a potential terrorist or national security threat, and no evidence is needed to prove it. Further, in an election year, renewal is virtually guaranteed with even harsher provisions added.
In point of fact, the new law allows near-unrestricted warrantless spying of anyone at the discretion of the AG or DNI. It thus renders any notion of illegal searches and privacy rights null and void. The Act effectively legalizes illegality by Fourth Amendment standards that Patriot Act provisions pretty much swept away earlier. This is how things work in a police state where laws render privacy issues (and all other freedoms) null and void, and everyone is under constant surveillance and stripped of their rights.
When FISA was enacted, it was done to collect "foreign intelligence information" between or among "foreign powers" with FISC warrants only targeting foreigners. The Patriot Act then amended the law to effectively target anyone the government so designates as long as it relates "to an ongoing investigation (for a) significant foreign intelligence purpose." Van Bergen highlights the threat (now even greater) with this example: "if you speak to a friend or relative in the Middle East and that person gave money....to an (humanitarian aid providing) organization....suspected of ties to terrorism....you are a legitimate target for wire, phone, or computer taps under FISA." Even worse, you can be charged with terrorism, arrested, tried in a military tribunal as an "unlawful enemy combatant" and renditioned to a torture-prison hellhole forever - for having made an innocent phone call.
Van Bergen concludes saying the Patriot Act (even without the new Protect America Act) is so sweeping in scope, it's impossible relating everything about it in a short book, let alone this review. Instead, she highlighted areas in it relating to civil rights protections affecting due process and under the First and Fourth Amendments. This oppressive act severely weakened them and with prosecutorial finesse effectively renders them null and void that threatens everyone with police state justice in the age of George Bush.
Ashcroft's Way - A Closer Look at the Patriot Act
In the hands of a man like former Attorney General John Ashcroft (as well as Alberto Gonzales and Michael Mukasey), laws like the Patriot Act become repressive police state tools that sweep aside the rule of law. Van Bergen shows how easily this Act can be twisted and misused by citing assertions about it Ashcroft made to justify its use and under what circumstances.
Preserving Life and Liberty
Ashcroft gave four reasons to justify using the Patriot Act to, in his judgment, preserve life and liberty.
I am a 72 year old, retired, progressive small businessman concerned about all the major national and world issues, committed to speak out and write about them.
