- Congress has overwhelmingly passed, and the president
has enthusiastically signed, an anti-terrorism bill that, as the ACLU says,
gives "enormous, unwarranted power to the executive branch unchecked
by meaningful judicial review." Moreover, "most of the new powers
could be used against American citizens in counterterrorism investigations
and in routine criminal investigations completely unrelated to terrorism."
(Emphasis added.) Also likely to be subject to this law: "those whose
First Amendment activities are deemed to be threats to national security
by the attorney general."
-
- That many details of this new law are in contempt of
the Bill of Rights is unknown to most Americans because, with few exceptions,
the press-particularly its television and radio divisions-has not been
paying enough attention. Even in the usually dependable New Yorker, Jeffrey
Toobin blithely writes that these changes in the law "do not represent
a wholesale retreat from civil liberties."
-
- To understand how this subversion of the Constitution
took place, it's first necessary to explore one of the most undemocratic
breakdowns in the history of our legislative process. Attorney General
John Ashcroft had pressed for passage of his anti-terrorism legislation
within a week. But on the House Judiciary Committee, an unusual bipartisan
coalition-Barney Frank and Maxine Waters in collaboration with Bob Barr
and Majority Leader Dick Armey-put some elements of the Bill of Rights
back in the bill. And in the Senate, Judiciary Committee chairman Patrick
Leahy at first resisted the intense pressure from Ashcroft and the White
House to ram the bill through. Leahy later went with the crowd. ___
-
- On October 12, right after that coup, the House voted,
337 to 79, for a 175-page bill that most of its members hadn't even had
time to read. ___
-
- By a 36-to-0 vote, the House Judiciary Committee did
pass a somewhat improved version of the bill; but late at night, behind
closed doors, House Speaker Dennis Hastert, other Republican leaders, and
operatives from the White House scuttled that legislation and crafted a
new bill.
-
- On October 12, right after that coup, the House voted,
337 to 79, for a 175-page bill that most of its members hadn't even had
time to read. Democratic congressman John Conyers said on C-Span that only
two copies of the bill were available to his side of the aisle.
-
- Congressman David Obey of Wisconsin reacted mordantly
to what he described as "a backroom quick fix" before the vote.
"Why should we care?" he said. "It's only the Constitution."
-
- Barney Frank said it plainly: "This was the least
democratic process for debating questions fundamental to democracy I have
ever seen. A bill drafted by a handful of people in secret, subject to
no committee process, comes before us immune from amendment."
-
- Another sneak attack on the democratic process had put
a quick fix on the Senate Judiciary Committee's anti-terrorism bill. Present
at that closed-door session were Senate leaders and emissaries from the
administration.
-
- Swiftly, the Senate passed that much harsher legislation
by a vote of 96 to 1 on October 11. Again, most members of the "world's
greatest deliberative body" did not have time to read the entire 243-page
bill.
-
- The only senator with the honesty and courage to vote
against this attack on due process, the Fourth and First Amendments, and
others of "our cherished liberties," as the attorney general
had called them, was Russell Feingold of Wisconsin. On the floor of the
Senate, Feingold had tried to rouse his colleagues to repel this attack
on the Constitution:
-
- "It is crucial that civil liberties in this country
be preserved. Otherwise, I'm afraid terror will win this battle without
firing a shot."
-
- There were some differences between the House and Senate
bills. The hope of the ACLU and other civil libertarians was that in the
traditional conference between the two legislative bodies to negotiate
an agreement, at least some of the excesses of Ashcroft's proposals could
be removed.
-
- But despite the importance of this legislation to all
of us, there was no conference. Leaders of the House and Senate papered
over the differences in "a pre-conference," also held behind
closed doors.
-
- As a result, when sections of this new law are challenged
in court, the judges-not having a formal conference report-will not know
the clear intent of this legislation. So the judiciary, too, has been rushed
past in this war against terrorism that has also terrorized our Bill of
Rights.
-
- The full name of this raid on our fundamental liberties
is "the Uniting and Strengthening America by Providing Appropriate
Tools Required to Intercept and Obstruct Terrorism Act." It is also
known, without irony, as the "USA PATRIOT Act."
-
- Among those voting against the bill in the House were
Barney Frank, John Conyers, David Bonior, Barbara Lee, Cynthia McKinney,
John Dingell, Jesse Jackson Jr., Melvin Watt, Maxine Waters, and I am pleased
to add, as a Villager, my congressman, Jerrold Nadler. Charlie Rangel and
Chris Shays were among those voting for the bill.
-
- For me, the most disappointing surprise in the Senate
tally was the Paul Wellstone vote. He is one of the few authentic liberals
left in Congress. As reported on National Public Radio, Wellstone, while
troubled by the bill, felt reassured because of its "sunset"
provision-the law will be reviewed by Congress in four years to see if
it went too far.
-
- This "sunset" is illusory. In the long-term
war against terrorism and its largely invisible soldiers, some of them
among us, can you imagine legislators tempering this assault on the Constitution
four years after it overwhelmingly passed the bill? They want to keep being
reelected.
-
- In taking this dodge, Wellstone went on to say to his
colleagues fearful of having their patriotism questioned: "It is critically
important that each and every one, every senator and representative, monitor
the use of new authorities provided to the law enforcement agents to conduct
surveillance. We're going to have to monitor this very closely." I
do not think there was any applause.
-
- Russell Feingold, left alone, said that the new law "goes
into a lot of areas that have nothing to do with terrorism and have a lot
to do with the government and the FBI having a wish list of things they
want to do, whether it be getting into people's computer use," medical
records, or other areas not related to terrorism. Next week: what some
of these dangerous areas are.
-
- http://www.villagevoice.com/issues/0146/hentoff.php
|
