CIVIL LIBERTIES

[Guest guest]

CIVIL LIBERTIES

Civil Liberties Restoration Act 2004

 

Yesterday, members of the House and Senate introduced legislation that would

roll back some of the Bush administration's " most egregious and ineffectual

post-9/11 policies, " including " arbitrary and indefinite detentions, secret

hearings, severe restrictions on due process, and violations of privacy and

First Amendment rights. " The bill, called the Civil Liberties Restoration Act

(CLRA), reflects a consensus among security experts that many of the

administration's post-9/11 policies, including elements of the Patriot Act and

immigration policy, have undermined national security and eroded civil

liberties. A coalition of human rights, civil rights and civil liberties groups

is urging Congress to pass it immediately. Read American Progress CEO John

Podesta's statement on the bill.

 

CLRA WOULD FOCUS RESOURCES: The CLRA would sharpen post 9/11 Bush administration

policies by making them more focused and effective. A few of CLRA's proposals:

require criminal databases relied upon daily by state and local law enforcement

to comply with accuracy requirements; establish an independent immigration court

to promote fair hearings by a competent, impartial tribunal; mandate public

reports on data-mining to Congress, to ensure accurate information is collected

and used. Such measures would " increase the government's access to information

that may be critical to preventing future terrorist attacks, " and aid in the

effective appropriation of counterterrorism funds. The CLRA was sponsored by

Sens. Edward Kennedy (D-MA), John Corzine (D-NJ), Richard Durbin (D-IL), Russ

Feingold (D-WI), and Patrick Leahy (D-VT), as well as Reps. Howard Berman (D-CA)

and William Delahunt (D-MA).

 

CLRA WOULD END INEFFECTIVE INITIATIVES: In staff statement #10, the 9/11

commission analyzed four " immigration-related programs " intended by Attorney

General John Ashcroft to disrupt terrorist activities after 9/11. The analysis

suggests government programs not only violated civil liberties, but wasted

precious counterterrorism resources. One example was Ashcroft's designation of

" special interest " aliens, which mandated individuals with immigration

violations be " held until they were 'cleared' of terrorist connections by the

FBI and other agencies " in hearings closed to the public and the press. " The

'clearance' process approved by the Justice Department was involved and time

consuming, lasting on average 80 days. " Ashcroft's other initiatives were also

judged time-consuming and ineffective—none of them uncovered any terrorists. By

focusing efforts and reducing redundancies, CLRA would more " effectively utilize

the resources appropriated for counterterrorism efforts, " while still

protecting Americans' civil liberties.

 

AMERICANS REJECT PATRIOT ACT: President Bush has campaigned to extend the

Patriot Act, but the American people have grown increasingly wary. A Thomson

Wadsworth Criminal Justice Survey shows 95 percent of Americans " feel that the

Patriot Act was passed too quickly, without considerable thought on how it may

impact existing laws or public policy. " And " in the past two years, more than

300 cities and four states have passed resolutions calling on Congress to repeal

or change parts " of the Act. " The municipal resolutions…affirm, for the most

part, that city employees aiding federal authorities in national security

investigations will not violate the rights of people under investigation, such

as monitoring political and religious gatherings where people are engaging in

activities protected by the First Amendment. "