HOME
your socialist home on the internet
ABOUT US
who we are, our politics, and what we do
GET ACTIVE!
joining ysa, getting active locally, making a difference
NEWS & VIEWS
articles, fliers, statements and opinions
THEORY
what is socialism, reading lists and study guides
CONTACT US
our email, snail mail, phone number and club directory
LINKS
socialist, youth, activist, labor, feminist, anti-racist, and other important sites
WHAT'S NEW
listing of what's been recently added
summary of the attacks on our civil liberties
"Anti-Terror" and Anti-Freedom: A Summary of the New Police-State
Legislation
Adapted from the introduction to the new book by the late attorney
William Kunstler, "Politics on Trial", by Michael Ratner, Michael Steven Smith, and Karin Kunstler Goldman.
"…the shadow of the swastika is still only dimly visible on the walls
that loom about our trembling heads. The key to survival, of course, is to be able to hear the booted tread before it stops in front of your own door."
-William Kunstler
1. First came the military order, on November 13, 2001 . . .
Establishes commissions to try noncitizens suspected of
aiding international terrorism.
The defense secretary, John Ashcroft, will appoint judges for these commissions, who will act as judge and jury.
Makes no requirement for access to defense counsel or contact with family.
"Evidence" against a suspect may include that gained through the use of torture.
The only allowable appeals are directly to the president or defense secretary.
Trial and punishment (including execution) all take place in secret.
Indefinite detention (i.e. jail) may take place with no trial.
This order violates fundamental principles of the US Constitution,
International Covenant on Civil and Political Rights, UN Declaration of Rights and Duties of Man, and Third Geneva Convention of 1949.
2. Then new guidelines for intelligence gathering . . .
Any aliens arrested can be held without charges indefinitely (as opposed to only 48 hours prior to Sept. 11).
FBI has conducted "voluntary" interviews with Arabs living in the U.S. These are stated attempts to gather information on all friends, family, and organizations of the interviewed, all of which would then be closely monitored, regardless of whether they are suspected of anything.
Ashcroft is considering instating a program similar to the court-ruled unconstitutional "Counterintelligence Program" (COINTELPRO) of the 1960's and 70's, which would allow spying and disruption of any political
groups regardless of whether or not there is evidence of any wrongdoing.
Ashcroft eliminated attorney-client privilege, allowing
wiretapping of private conversations between a defendant and his/her attorney.
These acts violate the fundamental principles of the US Constitution
and threaten the Freedom of Association guaranteed by the First Amendment.
3. Finally, the USA PATRIOT Act of October 26, 2001.
Requires "mandatory detention" of "suspected terrorists" – including those who only have contact with organizations disliked by the U.S.
Allows indefinite "preventative detention" with no trial.
Does not specifically define "Terrorist" or "Terrorist Organization".
A secret court has the power to authorize wiretaps and
searches of homes in domestic criminal cases, bypassing requirements for a civil warrant.
This court may permit roving wiretaps on any communications devices (phones, cell phones, computers, etc.) possibly used by a suspect.
It is a crime not to notify the FBI if one has "reasonable grounds to believe" that someone is about to commit a terrorist offense.
If you don't think this legislation affects you, think again. It is time to take a step back and ask – what comes next?
by Carl Sack of the Ashland chapter of Students Against War and Youth for Socialist Action.
