February 18th, 2003
Dear Senator Gordon Smith,
On February 7th The Center For Public Integrity published on-line a draft of a sweeping expansion of an anti-terror bill, prepared by the Justice Department staff under John Ashcroft. Intended to be a follow up to the original U.S.A. Patriot Act passed in the fall of 2001, this legislation has many serious consequences for Americans.
Among other things, this bill would
- Allow the Justice Department to designate individuals, including citizens, as foreign powers, stripping them of citizenship if it infers from that person’s actions that they are “at war with the United States.” Once stripped of citizenship, they may be seized secretly, held indefinitely, and tried in star chamber courts.
- Expand the definition of espionage or enemy activity to include otherwise lawful activity, as well as activity that knowingly or not assists a foreign power, which again may be an individual under the new definition above.
- Supersede state-level bans on type of law enforcement activity. Good-bye fourth amendment prohibition against unreasonable search and siezure.
- Creates a DNA database of suspected terrorists.
- Allow the executive branch to assume war time powers such as martial law, without even requiring that Congress have declared a war.
- Grants the government the right to mine any and all public or private sector data.
In essence, this act would create an all-powerful police state organized under the executive branch, free from judicial oversight. I am reminded of the poster that says, “Fear Not, Citizen, Our Weapons Are For Your Protection.”
As disturbing as the legislation proposed is, the manner in which the Justice Department denied its existence is even more ominous. The draft was sent to House Speaker Dennis Hastert and Vice President Dick Cheney on January 10th, yet in the weeks after that date Senate Judiciary members were told that no such legislation was being prepared or was imminent. Yet, there it was, seemingly complete, being passed to key Republicans for review. The manner in which this was done suggests to me that it is likely that this bill would suddenly emerge within Congress during a crisis, to be voted on quickly without much review or opportunity for citizen input, in much the same way that the original Patriot Act was passed.
Senator, I ask you: when the crisis comes, and it surely will, will you stand up against your own Republican Party and support the Bill of Rights? Do you think it is necessary to trample the Constitution in the guise of protecting the country from terrorism?
Kurt
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