Civil Liberties Media ArticlesExcerpts of Key Civil Liberties Media Articles in Major Media
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Federal agents may take a traveler's laptop computer or other electronic device to an off-site location for an unspecified period of time without any suspicion of wrongdoing, as part of border search policies the Department of Homeland Security recently disclosed. Also, officials may share copies of the laptop's contents with other agencies and private entities for language translation, data decryption or other reasons, according to the policies, dated July 16 and issued by two DHS agencies, U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement. "The policies . . . are truly alarming," said Sen. Russell Feingold (D-Wis.), who is probing the government's border search practices. He said he intends to introduce legislation soon that would require reasonable suspicion for border searches, as well as prohibit profiling on race, religion or national origin. DHS officials said the newly disclosed policies ... apply to anyone entering the country, including U.S. citizens. Civil liberties and business travel groups have pressed the government to disclose its procedures as an increasing number of international travelers have reported that their laptops, cellphones and other digital devices had been taken -- for months, in at least one case -- and their contents examined. The policies cover "any device capable of storing information in digital or analog form," including hard drives, flash drives, cellphones, iPods, pagers, beepers, and video and audio tapes. They also cover "all papers and other written documentation," including books, pamphlets and "written materials commonly referred to as 'pocket trash' or 'pocket litter.' "
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The Bush administration unveiled new operating guidelines for the nation's intelligence community yesterday in a move that boosted the authority of the Office of the Director of National Intelligence (DNI) while triggering protests from lawmakers who complained that they weren't properly consulted. The changes affirmed the DNI's role as head of the 16 U.S. spy agencies and expanded its power to set priorities and coordinate the sharing of intelligence. The DNI also was given an expanded role in foreign intelligence collection and in the hiring and firing of senior intelligence officials. The changes were part of a long-awaited overhaul of Executive Order 12333, a Reagan-era document that establishes the powers and responsibilities of U.S. intelligence services. Although the revamped order had been in the works for a year, its formal unveiling prompted a rare revolt from congressional Republicans, some of whom walked out on Director of National Intelligence Mike McConnell during a morning briefing. Rep. Pete Hoekstra (Mich.), ranking Republican on the House intelligence committee, led several GOP colleagues to the exit after complaining that the administration had made the changes secretly without consulting with congressional overseers -- part of a pattern dating to the beginning of the Bush presidency, Hoekstra said. "Given the impact that this order will have on America's intelligence community, and this committee's responsibility to oversee intelligence activities, this cannot be seen as anything other than an attempt to undercut congressional oversight," Hoekstra said in a statement afterward.
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Flying today can be stressful, inconvenient and downright difficult. But what if there was a way to make it all easier? What if you had one small device, say a bracelet, which carried all your flight information and other data to make things easier? This bracelet could even track you and your luggage. Former United States Air Marshal Jeffrey Denning describes the idea this way: "The bracelets would take the place of boarding tickets. [They] would also work as a GPS to track air travelers and their luggage." Denning says airline passengers might use this bracelet technology in place of a boarding pass but the government could use it for something else. "And here's the shocking part," Denning said. "No pun intended. If the passengers act up it (the bracelet) would shock and immobilize them for several minutes." That's right. If the flight crew decides that you're getting out of control or posing a threat, to them or the plane, they could simply engage a computer, press a button which would activate this bracelet, shocking and incapacitating you for as long as several minutes. "I guess the design was ... for any air passengers who would become a terrorist or be a terrorist," Denning told [CBS4-TV]. "The bracelet has a capacity to shock ... whoever is wearing it kind of like a police 'taser.'"
Note: What will they think of next? To watch this revealing CBS news broadcast, click here.
In her important new book, The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals, Jane Mayer of The New Yorker devotes a great deal of space to David Addington, ... the lead architect of the Bush administration’s legal strategy for the so-called war on terror. In the view of Mr. Addington and his acolytes, anything and everything that the president authorized in the fight against terror — regardless of what the Constitution or Congress or the Geneva Conventions might say — was all right. That included torture, rendition, warrantless wiretapping, the suspension of habeas corpus, you name it. Ms. Mayer wrote: "The legal doctrine that Addington espoused — that the president, as commander in chief, had the authority to disregard virtually all previously known legal boundaries — rested on a reading of the Constitution that few legal scholars shared." Ms. Mayer mentioned a study conducted by attorneys and law students at the Seton Hall University Law School. "After reviewing 517 of the Guantánamo detainees’ cases in depth," she said, "they concluded that only 8 percent were alleged to have associated with Al Qaeda. Fifty-five percent were not alleged to have engaged in any hostile act against the United States at all, and the remainder were charged with dubious wrongdoing, including having tried to flee U.S. bombs. The overwhelming majority — all but 5 percent — had been captured by non-U.S. players, many of whom were bounty hunters." The Dark Side is essential reading for those who think they can stand the truth.
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The Dark Side, Jane Mayer’s gripping new account of the war on terror, is really the story of two wars: the far-flung battle against Islamic radicalism, and the bitter, closed-doors domestic struggle over whether the president should have limitless power to wage it. The war on terror, according to Ms. Mayer, ... was a "political battle cloaked in legal strategy, an ideological trench war" waged by a small group of true believers whose expansive views of executive power she traces from the Nixon administration through the Iran-contra scandal to the panicked days after 9/11. Ms. Mayer’s prime movers and main villains are Vice President Dick Cheney and his legal counsel (now chief of staff) David Addington, who after the terrorist attacks moved to establish "a policy of deliberate cruelty that would’ve been unthinkable on Sept. 10." As the leader of the self-styled "war council," a group of lawyers who took the lead in making the rules for the war on terror, Mr. Addington startled many colleagues with the depth of his fervor and the reach of his power. The war council settled on a "pre-emptive criminal model," in which suspects would be used — more or less indefinitely — to gather evidence of future crimes rather than held accountable for previous ones. There would be minimal oversight from Congress. The C.I.A. would take the lead, developing aggressive new interrogation methods that would be described as “enhanced,” “robust,” “special.” What they were not, a series of secret memos issued by John Yoo and others at the Office of Legal Council would attempt to certify, was “torture.”
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The Justice Department's former top criminal prosecutor says the U.S. government's terror watch list likely has caused thousands of innocent Americans to be questioned, searched or otherwise hassled. Former Assistant Attorney General Jim Robinson would know: he is one of them. Robinson joined [with] the American Civil Liberties Union on Monday to urge fixing the list that's supposed to identify suspected terrorists. "It's a pain in the neck, and significantly interferes with my travel arrangements," said Robinson, the head of the Justice Department's criminal division during the Clinton administration. He believes his name matches that of someone who was put on the list in early 2005, and is routinely delayed while flying — despite having his own government top-secret security clearances renewed last year. He [said] "I expect my story is similar to hundreds of thousands of people who are on this list who find themselves inconvenienced." [The watch list] was created after the Sept. 11, 2001 attacks to consolidate 12 existing lists. Audits of the watch list over the last several years ... have concluded that it has mistakenly flagged innocent people whose names are similar to those on it. More than 30,000 airline passengers had asked the Homeland Security Department to clear their names from the list as of October 2006. The ACLU predicted the watch list would include 1 million names as early as Monday. The civil liberties group reached that number by citing the 700,000 records on the watch list as of last September and adding 20,000 names each month, as forecast by the Justice Department's inspector general.
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Red Cross investigators concluded last year in a secret report that the Central Intelligence Agency’s interrogation methods for high-level Qaeda prisoners constituted torture and could make the Bush administration officials who approved them guilty of war crimes, according to a new book on counterterrorism efforts since 2001. The book says that the International Committee of the Red Cross declared in the report, given to the C.I.A. last year, that the methods used on Abu Zubaydah, the first major Qaeda figure the United States captured, were "categorically" torture, which is illegal under both American and international law. The book says Abu Zubaydah was confined in a box "so small ... he had to double up his limbs in the fetal position" and was one of several prisoners to be "slammed against the walls," according to the Red Cross report. The C.I.A. has admitted that Abu Zubaydah and two other prisoners were waterboarded, a practice in which water is poured in the nose and mouth to [cause near] suffocation and drowning. The book, The Dark Side: The Inside Story of How the War on Terror Turned Into a War on American Ideals, by Jane Mayer ... offers new details of the agency’s secret detention program, as well as the bitter debates in the administration over interrogation methods. Citing unnamed "sources familiar with the report," Ms. Mayer wrote that the Red Cross document "warned that the abuse constituted war crimes, placing the highest officials in the U.S. government in jeopardy of being prosecuted."
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The American Civil Liberties Union, which has pledged to cover costs of civilian lawyers defending alleged terrorists, is in a struggle with the U.S. Treasury Department over a permit to pay $250-an-hour fees and other expenses to attorneys who have been shuttling to [the] U.S. Navy base [at Guantanamo]. The Treasury division, the Office of Foreign Assets Control, is the same unit that polices American citizens' travel to Cuba. Its authority to license defense costs at the war courts here, called military commissions, comes from anti-terror legislation. ACLU director Anthony Romero accused the Bush administration of foot-dragging, noting civilian defense lawyers were slow to receive security clearances to meet accused terrorists held for years without access to attorneys. "Now the government is stonewalling again by not allowing Americans' private dollars to be paid to American lawyers to defend civil liberties," he said. He called the slow licensing an "obstruction of justice" at a time when "the Bush administration insists on moving ahead with the prosecutions." The program is called the John Adams Project, sponsored by the ACLU and the National Association of Criminal Defense Lawyers. Under it, attorneys will be paid for travel, expenses, research and copying as well as $250 an hour to defend men ... now facing death penalty prosecutions at the war court. Top criminal defense lawyers typically charge at least $550 an hour.
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Nearly 40 years ago, the FBI was roundly criticized for investigating Americans without evidence [that] they had broken any laws. Now, critics fear the FBI may be gearing up to do it again. Tentative Justice Department guidelines, to be released later this summer, would let agents investigate people whose backgrounds -- and potentially their race or ethnicity -- match the traits of terrorists. Such profiling ... echoes the FBI's now-defunct COINTELPRO, an operation under Director J. Edgar Hoover in the 1950s and 1960s to monitor and disrupt groups with communist and socialist ties. Before it was shut down in 1971, the domestic spying operation -- formally known as Counterintelligence Programs -- had expanded to include civil rights groups, anti-war activists, ... state legislators and journalists. Among the FBI's targets were Martin Luther King Jr., Malcolm X, and John Lennon, along with members of black [political] groups ... and student protesters. The new proposal to allow investigations of Americans with no evidence of wrongdoing is "COINTELPRO for the 21st century," said Barry Steinhardt of the American Civil Liberties Union. "But this is much more insidious because it could involve more people. In the days of COINTELPRO, they were watching only a few people. Now they could be watching everyone."
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Charlie Black, senior adviser to John McCain, caused a fluff by saying that a terrorist attack on U.S. soil would be a "big advantage" to his candidate. No one mentioned that eight years ago, the Project for a New American Century called for "a new Pearl Harbor" that could move the American people to accept the neoconservative vision of militarized global domination. Then 9/11 happened, lifting George W. Bush from the shadows of a disputed election to the heights of a "war presidency." Bush has taken on unprecedented powers since the events of 9/11. On that day, the president issued his "Declaration of Emergency by Reason of Certain Terrorist Attacks" under the authority of the National Emergencies Act. This declaration, which can be rescinded by joint resolution of Congress, has instead been extended six times. In 2007, the declaration was quietly strengthened with the issuance of National Security Presidential Directive 51, which gave the president the authority to do whatever he deems necessary in a vaguely defined "catastrophic emergency," including everything from canceling elections to suspending the Constitution to launching a nuclear attack. Not a single congressional hearing was held on this directive. Will Congress act decisively to remove the president's emergency powers, challenge the directive and defend the Constitution?
The two-star general who led an Army investigation into the horrific detainee abuse at Abu Ghraib has accused the Bush administration of war crimes and is calling for accountability. In his 2004 report on Abu Ghraib, then-Major General Anthony Taguba concluded that "numerous incidents of sadistic, blatant, and wanton criminal abuses were inflicted on several detainees." He called the abuse "systemic and illegal." And, as Seymour M. Hersh reported in The New Yorker, he was rewarded for his honesty by being forced into retirement. Now, in a preface to a Physicians for Human Rights report based on medical examinations of former detainees, Taguba adds an epilogue to his own investigation. The new report, he writes, "tells the largely untold human story of what happened to detainees in our custody when the Commander-in-Chief and those under him authorized a systematic regime of torture. This story is not only written in words: It is scrawled for the rest of these individual's lives on their bodies and minds. The profiles of these eleven former detainees, none of whom were ever charged with a crime or told why they were detained, are tragic and brutal rebuttals to those who claim that torture is ever justified. In order for these individuals to suffer the wanton cruelty to which they were subjected, a government policy was promulgated to the field whereby the Geneva Conventions and the Uniform Code of Military Justice were disregarded. The UN Convention Against Torture was indiscriminately ignored. There is no longer any doubt as to whether the current administration has committed war crimes."
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The framework under which detainees were imprisoned for years without charges at Guantanamo and in many cases abused in Afghanistan wasn't the product of American military policy or the fault of a few rogue soldiers. It was largely the work of five White House, Pentagon and Justice Department lawyers who, following the orders of President Bush and Vice President Dick Cheney, reinterpreted or tossed out the U.S. and international laws that govern the treatment of prisoners in wartime, according to former U.S. defense and Bush administration officials. The Supreme Court now has struck down many of their legal interpretations. The quintet of lawyers, who called themselves the “War Council," drafted legal opinions that circumvented the military's code of justice, the federal court system and America's international treaties in order to prevent anyone ... from being held accountable for activities that at other times have been considered war crimes. The international conventions ... to which [the US is] a party, were abandoned in secret meetings among the five men in one another's offices: ... David Addington, the ... longtime legal adviser and now chief of staff to Cheney [whose] primary motive, according to several former administration and defense officials, was to push for an expansion of presidential power that Congress or the courts couldn't check; Alberto Gonzales, first the White House counsel and then the attorney general; William J. Haynes II, the former Pentagon general counsel; former Justice Department lawyer John Yoo, [and] Timothy E. Flanigan, a former deputy to Gonzales.
Note: Virtually no major media other than the Herald picked up this key story.
America is ruled by an “intelligence-industrial complex” whose allegiance is not to the taxpaying public but to a cabal of private-sector contractors. That is the central thesis of Spies for Hire: The Secret World of Intelligence Outsourcing by Tim Shorrock, ... an investigative journalist. His book [provides a] disturbing overview of the intelligence community, also known as “the I.C.” Mr. Shorrock says our government is outsourcing 70 percent of its intelligence budget, or more than $42 billion a year, to a “secret army” of corporate vendors. Because of accelerated privatization efforts after 9/11, these companies are participating in covert operations and intelligence-gathering activities that were considered “inherently governmental” functions reserved for agencies like the Central Intelligence Agency, he says. Some of the book’s most intriguing assertions concern the permeating influence of the consulting firm Booz Allen Hamilton. In 2006, Mr. Shorrock reports, Booz Allen amassed $3.7 billion in revenue, much of which came from classified government contracts exempt from public oversight. Among its more than 18,000 employees are R. James Woolsey, the former C.I.A. director, and Joan Dempsey, a former longtime United States intelligence official who declared in a 2004 speech, “I like to refer to Booz Allen as the shadow I.C.” The “revolving door” between Booz Allen and the I.C. is personified by Mike McConnell, who joined the firm after serving as head of the National Security Agency under President Bill Clinton, only to return as director of national intelligence under President Bush.
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The Supreme Court ... delivered its third consecutive rebuff to the Bush administration’s handling of the detainees at Guantánamo Bay, ruling 5 to 4 that the prisoners there have a constitutional right to go to federal court to challenge their continued detention. The court declared unconstitutional a provision of the Military Commissions Act of 2006 that ... stripped the federal courts of jurisdiction to hear habeas corpus petitions from the detainees seeking to challenge their designation as enemy combatants. Writing for the majority, Justice Anthony M. Kennedy said the truncated review procedure provided by a previous law, the Detainee Treatment Act of 2005, “falls short of being a constitutionally adequate substitute” because it failed to offer “the fundamental procedural protections of habeas corpus.” Justice Kennedy declared: “The laws and Constitution are designed to survive, and remain in force, in extraordinary times.” The decision, which was joined by Justices John Paul Stevens, David H. Souter, Ruth Bader Ginsburg, and Stephen G. Breyer, was categorical in its rejection of the administration’s basic arguments. Indeed, the court repudiated the fundamental legal basis for the administration’s strategy, adopted in the immediate aftermath of the attacks of Sept. 11, 2001, of housing prisoners captured in Afghanistan and elsewhere at the United States naval base in Cuba, where Justice Department lawyers advised the White House that domestic law would never reach.
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Defense attorneys for the 270 detainees at Guantanamo Bay said the Supreme Court decision yesterday that granted detainees habeas corpus rights was a watershed moment that will allow the men, some held for as long as 6 1/2 years, to challenge their detentions before a civilian judge. The court's ruling immediately gives the detainees access to a federal court in Washington, where lawyers will seek to have judges order the men released from indefinite detention. Legal experts said it is unclear how the hearings will proceed, but the government could be compelled to present highly classified evidence, and detainees could for the first time be able to publicly call witnesses, present evidence of abuse and rebut terrorism allegations. The decision could force the U.S. government to show why individual detainees must be held, something U.S. officials have fought for years. As many as 130 detainees have been deemed dangerous but are unlikely to ever face criminal charges, according to prosecutors, and now government officials could have to argue for indefinite detention even if the evidence is flimsy or nonexistent. "We're going to see a high number of people the government is going to have to release," said Michael Ratner, president of the Center for Constitutional Rights, which has represented Guantanamo Bay detainees since 2002. It is unclear how the Boumediene v. Bush decision will affect military commissions trials at Guantanamo Bay, Cuba, where 20 detainees, including ... Khalid Sheik Mohammed, have been charged with war crimes.
The number of people under supervision in the nation's criminal justice system rose to 7.2 million in 2006, the highest ever, costing states tens of billions of dollars to house and monitor offenders as they go in and out of jails and prisons. According to a recently released report released by the Bureau of Justice Statistics, more than 2 million offenders were either in jail or prison in 2006, the most recent year studied in an annual survey. Another 4.2 million were on probation, and nearly 800,000 were on parole. The cost to taxpayers, about $45 billion, is causing states such as California to reconsider harsh criminal penalties. In an attempt to relieve overcrowding, California is now exporting some of its 170,000 inmates to privately run corrections facilities as far away as Tennessee. "There are a number of states that have talked about an early release of prisoners deemed non-threatening," said Rebecca Blank, a senior fellow in economic studies at the Brookings Institution. "The problem just keeps getting bigger and bigger. You're paying a lot of money here. You have to ask if some of these high mandatory minimum sentences make sense." The bureau's report comes on the heels of a Pew Center on the States report showing 1 percent of U.S. adults behind bars, a historic high. The United States has the largest number of people behind bars in the world, according to the Pew report. Black men, about one in 15, were most affected, and Hispanics, one in 35, were well represented among offenders. The number of women in prison "rose faster in 2006 than over the previous five years."
Norman Finkelstein, the controversial Jewish American academic and fierce critic of Israel, has been deported from the country and banned from the Jewish state for 10 years, it emerged yesterday. Finkelstein, the son of a Holocaust survivor who has accused Israel of using the genocidal Nazi campaign against Jews to justify its actions against the Palestinians, was detained by the Israeli security service, Shin Bet, when he landed at Tel Aviv's Ben Gurion airport on Friday. Shin Bet interrogated him for around 24 hours. "I did my best to provide absolutely candid and comprehensive answers to all the questions put to me," [he said.] "I have nothing to hide. Apart from my political views, and the supporting scholarship, there isn't much more to say for myself: alas, no suicide missions or secret rendezvous with terrorist organisations." Finkelstein is one of several scholars rejected by Israel in the increasingly bitter divide in academic circles, between those who support and those who criticise its treatment of Palestinians. Finkelstein was also refused tenure last year at Chicago's DePaul University. The Association for Civil Rights in Israel said the deportation of Finkelstein was an assault on free speech. "The decision to prevent someone from voicing their opinions by arresting and deporting them is typical of a totalitarian regime," said the association's lawyer, Oded Peler. "A democratic state, where freedom of expression is the highest principle, does not shut out criticism or ideas just because they are uncomfortable for its authorities to hear. It confronts those ideas in public debate."
On a cloudless spring day, the NYPD helicopter soars over the city, its sights set on the Statue of Liberty. A dramatic close-up of Lady Liberty's frozen gaze fills one of three flat-screen computer monitors mounted on a console. Hundreds of sightseers below are oblivious to the fact that a helicopter is peering down on them from a mile and a half away. "They don't even know we're here," said crew chief John Diaz, speaking into a headset over the din of the aircraft's engine. The helicopter's unmarked paint job belies what's inside: an arsenal of sophisticated surveillance and tracking equipment powerful enough to read license plates — or scan pedestrians' faces — from high above the nation's largest metropolis. "It looks like just another helicopter in the sky," said Assistant Police Chief Charles Kammerdener, who oversees the department's aviation unit. Police Commissioner Raymond Kelly has said that no other U.S. law enforcement agency "has anything that comes close" to the surveillance chopper, which was designed by engineers at Bell Helicopter and computer technicians based on NYPD specifications. The $10 million helicopter is just part of the department's efforts to adopt cutting-edge technology for its [surveillance] operations. The NYPD also plans to spend tens of millions of dollars strengthening security in the lower Manhattan business district with a network of closed-circuit television cameras and license-plate readers posted at bridges, tunnels and other entry points. Civil rights advocates are skeptical about the push for more surveillance, arguing it reflects the NYPD's evolution into ad hoc spy agency.
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Procurement documents released by the U.S. Air Force give a rare glimpse into Pentagon plans for developing an offensive cyber-war capacity that can infiltrate, steal data from and, if necessary, take down enemy information-technology networks. The Broad Area Announcement, posted ... by the Air Force Research Laboratory's Information Directorate, outlines a two-year, $11 million effort to develop capabilities to "access ... any remotely located open or closed computer information systems," lurk on them "completely undetected," "stealthily exfiltrate information" from them and ultimately "be able to affect computer information systems through Deceive, Deny, Disrupt, Degrade, Destroy (D5) effects." "Of interest," the announcement says, "are any and all techniques to enable user and/or root-level access to both fixed [and] mobile computing platforms ... [and] methodologies to enable access to any and all operating systems, patch levels, applications and hardware." The announcement is the latest stage in the Air Force's effort to develop a cyber-war capability and establish itself as the service that delivers U.S. military power in cyberspace. Last year, the Air Force announced it was setting up a Cyberspace Command ... and was developing military doctrine for the prosecution of cyber-war operations. The developments highlight the murky legal territory on which the cyber-wars of the future will be fought. More important, because of the difficulties in identifying attackers and immediately quantifying damage from a cyber-attack, it can be hard to determine when such attacks constitute an act of war as opposed to crime or even vandalism.
Faced with an unfriendly Congress, the Bush administration has found another, quieter way to make it more difficult for consumers to sue businesses over faulty products. It's rewriting the bureaucratic rulebook. Lawsuit limits have been included in 51 rules proposed or adopted since 2005 by agency bureaucrats governing just about everything Americans use: drugs, cars, railroads, medical devices and food. Decried by consumer advocates and embraced by industry, the agencies' use of the government's rule-making authority represents the administration's final act in a long-standing drive to shield companies from lawsuits. Of the 51 regulations, 41 came from the Food and Drug Administration and the National Highway Traffic Safety Administration, or NHTSA. Underlying this bureaucratic version of lawsuit reform is the concept of federal preemption. Rooted in the Supremacy Clause of the Constitution, federal preemption refers to circumstances in which federal law and regulation trump state law, in this instance state laws that govern when one person may be held liable for another's injury. An expansive interpretation of preemption leaves little room for consumers to sue, and that is what the national trial lawyers group, the American Association for Justice, says is taking place. Jon Haber, AAJ's chief executive officer, says the agencies are engaging in "a brazen end run around Congress, the Constitution and the states in an effort to let negligent corporations off the hook and knowingly put consumers at risk."
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Important Note: Explore our full index to key excerpts of revealing major media news articles on several dozen engaging topics. And don't miss amazing excerpts from 20 of the most revealing news articles ever published.