Civil Liberties News StoriesExcerpts of Key Civil Liberties News Stories in Major Media
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The United States military's Northern Command [NORTHCOM], formed in the wake of the September 11 terrorist attacks, is dedicating a combat infantry team to deal with catastrophes in the U.S., including terrorist attacks and natural disasters. The 1st Brigade Combat Team of the 3rd Infantry, which was first into Baghdad, Iraq, in 2003, started its controversial assignment [on October 1]. The First Raiders will spend 2009 as the first active-duty military unit attached to the U.S. Northern Command since it was created. They will be based in Fort Stewart, Georgia, and focus primarily on logistics and support for local police and rescue personnel, the Army says. The plan is drawing skepticism from some observers who are concerned that the unit has been training with equipment generally used in law enforcement, including beanbag bullets, Tasers, spike strips and roadblocks. That kind of training seems a bit out of line for the unit's designated role as Northern Command's CCMRF (Sea Smurf), or CBRNE Consequence Management Response Force. CBRNE stands for chemical, biological, radiological, nuclear and high-yield explosive incidents. Use of active-duty military as a domestic police force has been severely limited since passage of the Posse Comitatus Act following the Civil War. Bloggers are criticizing the new force, saying that because it has been training in law enforcement tactics it could be be used for domestic law enforcement.
Note: Naomi Wolf, author of Give Me Liberty and The End of America, considers this domestic deployment of combat troops to be a coup d'etat with frightening implications.
Baggage searches are SOOOOOO early-21st century. Homeland Security is now testing the next generation of security screening — a body scanner that can read your mind. Most preventive screening looks for explosives or metals that pose a threat. But a new system called MALINTENT turns the old school approach on its head. This Orwellian-sounding machine detects the person — not the device — set to wreak havoc. MALINTENT, the brainchild of the cutting-edge Human Factors division in Homeland Security's directorate for Science and Technology, searches your body for non-verbal cues that predict whether you mean harm to your fellow passengers. It has a series of sensors and imagers that read your body temperature, heart rate and respiration for unconscious [tell-tale signs] invisible to the naked eye. But this is no polygraph test. Subjects do not get hooked up or strapped down for a careful reading; those sensors do all the work without any actual physical contact. It's like an X-ray for bad intentions. When the sensors identify that something is off, they transmit warning data to analysts, who decide whether to flag passengers for further questioning. The next step involves micro-facial scanning, which involves measuring minute muscle movements in the face for clues to mood and intention. Homeland Security has developed a system to recognize, define and measure seven primary emotions and emotional cues that are reflected in contractions of facial muscles. MALINTENT identifies these emotions and relays the information back to a security screener almost in real time.
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The Bush administration has overturned a 22-year-old policy and now allows customs agents to seize, read and copy documents from travelers at airports and borders without suspicion of wrongdoing, civil rights lawyers in San Francisco said Tuesday in releasing records obtained in a lawsuit. The records also indicate that the government gives customs agents unlimited authority to question travelers about their religious beliefs and political opinions, said lawyers from the Asian Law Caucus and the Electronic Frontier Foundation. They said they had asked the Department of Homeland Security for details of any policy that would guide or limit such questioning and received no reply. "We're concerned that people of South Asian or Muslim-looking background are being targeted inappropriately" for questioning and searches, said Asian Law Caucus attorney Shirin Sinnar. The Bay Area legal groups filed a Freedom of Information Act suit against the government in February, seeking documents on the policies that govern searches and questioning of international travelers. The organizations said they had received more than 20 complaints in the previous year, mostly from South Asians and Muslims. The travelers said customs agents regularly singled them out when they returned from abroad, looked at their papers and laptop computers, and asked them such questions as whom they had seen on their trips, whether they attended mosques and whether they hated the U.S. government.
Note: For many reports from major media sources of rising threats to civil liberties, click here.
A privacy group filed a class-action lawsuit on Thursday against the National Security Agency, President Bush and other officials, seeking to halt what it describes as illegal surveillance of Americans’ telephone and Internet traffic. The lawsuit parallels a legal action brought against the AT&T Corporation in 2006 by the same nonprofit group, the Electronic Frontier Foundation, charging that the company gave the N.S.A. access to its communications lines and customer records without proper warrants. Congress derailed that lawsuit this year by passing legislation granting immunity to telecommunications companies that had provided assistance to the agency, though the foundation has said it intends to challenge the constitutionality of the new law. A lawyer with the foundation, Kevin S. Bankston, said the new suit opened a “second front” against a “massively illegal fishing expedition through AT&T’s domestic networks and databases of customer records.” When Mr. Bush started the program in late 2001, the N.S.A. began eavesdropping inside the United States without court warrants for the first time since 1978, when Congress created the Foreign Intelligence Surveillance Court to oversee such intelligence collection. The suit’s plaintiffs are five AT&T customers, but it is filed on behalf of all customers. Like the 2006 suit, it is based in part on information from Mark Klein, a former AT&T technician who says he saw what he believed to be equipment installed by the N.S.A. at a company communications hub in San Francisco allowing the agency to filter a huge volume of Internet traffic.
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The 3rd Infantry Division’s 1st Brigade Combat Team has spent 35 of the last 60 months in Iraq patrolling in full battle rattle. Now they’re training for the same mission — with a twist — at home. Beginning Oct. 1 for 12 months, the 1st BCT will be under the day-to-day control of U.S. Army North, the Army service component of Northern Command, as an on-call federal response force for natural or manmade emergencies and disasters. This new mission marks the first time an active unit has been given a dedicated assignment to NorthCom, a joint command established in 2002 to provide command and control for federal homeland defense efforts and coordinate defense support of civil authorities. The mission will be a permanent one. They may be called upon to help with civil unrest and crowd control or to deal with potentially horrific scenarios such as massive poisoning and chaos in response to a chemical, biological, radiological, nuclear or high-yield explosive, or CBRNE, attack. The 1st BCT’s soldiers also will learn how to use “the first ever nonlethal package that the Army has fielded,” 1st BCT commander Col. Roger Cloutier said, referring to crowd and traffic control equipment and nonlethal weapons designed to subdue unruly or dangerous individuals without killing them. “It’s a new modular package of nonlethal capabilities that they’re fielding. They’ve been using pieces of it in Iraq, but this is the first time that these modules were consolidated and this package fielded, and because of this mission we’re undertaking we were the first to get it.”
Note: Positioning military troops in country to deal with internal matters violates the posse comitatus act, though the administration will argue that there is a national emergency allowing this.
There is apparently no limit to the Bush administration’s desire to invade Americans’ privacy in the name of national security. According to members of Congress, Attorney General Michael Mukasey is preparing to give the F.B.I. broad new authority to investigate Americans — without any clear basis for suspicion that they are committing a crime. Opening the door to sweeping investigations of this kind would be an invitation to the government to spy on people based on their race, religion or political activities. Mr. Mukasey has not revealed the new guidelines. But according to senators whose staff have been given limited briefings, the rules may also authorize the F.B.I. to use an array of problematic investigative techniques. Among these are pretext interviews, in which agents do not honestly represent themselves while questioning a subject’s neighbors and work colleagues. The F.B.I. has a long history of abusing its authority to spy on domestic groups, including civil rights and anti-war activists, and there is a real danger that the new rules would revive those dark days. Clearly, the Bush administration cannot be trusted to get the balance between law enforcement and civil liberties right. It has repeatedly engaged in improper and illegal domestic spying — notably in the National Security Agency’s warrantless eavesdropping program. The F.B.I. and the White House no doubt want to push the changes through before a new president is elected. There is no reason to rush to adopt rules that have such important civil liberties implications.
The federal government has been using its system of border checkpoints to greatly expand a database on travelers entering the country by collecting information on all U.S. citizens crossing by land, compiling data that will be stored for 15 years and may be used in criminal and intelligence investigations. The Border Crossing Information system, disclosed last month by the Department of Homeland Security in a Federal Register notice, ... reflects the growing number of government systems containing personal information on Americans that can be shared for a broad range of law enforcement and intelligence purposes, some of which are exempt from some Privacy Act protections. While international air passenger data has long been captured this way, Customs and Border Protection agents only this year began to log the arrivals of all U.S. citizens across land borders, through which about three-quarters of border entries occur. The volume of people entering the country by land prevented compiling such a database until recently. But the advent of machine-readable identification documents, which the government mandates eventually for everyone crossing the border, has made gathering the information more feasible. Critics say the moves exemplify efforts by the Bush administration in its final months to cement an unprecedented expansion of data gathering for national security and intelligence purposes. The data could be used beyond determining whether a person may enter the United States. For instance, information may be shared with foreign agencies when relevant to their hiring or contracting decisions.
The Defense Intelligence Agency's newly created Defense Counterintelligence and Human Intelligence Center is going to have an office authorized for the first time to carry out "strategic offensive counterintelligence operations," according to Mike Pick, who will direct the program. Such covert offensive operations are carried out at home and abroad against people known or suspected to be foreign intelligence officers or connected to foreign intelligence or international terrorist activities. The investigative branches of the three services -- the Army's Counterintelligence Corps, the Air Force Office of Special Investigations and the Naval Criminal Investigative Service -- have done secret offensive counterintelligence operations for years, and now DIA has been given the authority. Two years ago, the DIA asked then-Undersecretary of Defense Stephen A. Cambone for authority to run offensive operations along with a newer Pentagon intelligence agency, the Counterintelligence Field Activity (CIFA). Cambone agreed to a two-year trial. Defense Secretary Robert M. Gates recently approved the merger of CIFA into the new DIA center. Senior Defense Department officials and the combat commanders overseas will now decide what to do with the DIA's new offensive operational authority.
Note: For penetrating reports on the realities of the "war on terror" from major media sources, click here.
The Justice Department has proposed a new domestic spying measure that would make it easier for state and local police to collect intelligence about Americans, share the sensitive data with federal agencies and retain it for at least 10 years. Law enforcement agencies would be allowed to target groups as well as individuals, and to launch a criminal intelligence investigation based on the suspicion that a target is engaged in terrorism or providing material support to terrorists. They also could share results with a constellation of federal law enforcement and intelligence agencies, and others in many cases. Michael German, policy counsel for the American Civil Liberties Union, said the proposed rule may [permit] police to collect intelligence even when no underlying crime is suspected. German, an FBI agent for 16 years, said easing established limits on intelligence-gathering would lead to abuses against peaceful political dissenters. He pointed to reports in the past six years that undercover New York police officers infiltrated protest groups before the 2004 Republican National Convention; that California state agents eavesdropped on peace, animal rights and labor activists; and that Denver police spied on Amnesty International and others before being discovered. "If police officers no longer see themselves as engaged in protecting their communities from criminals and instead as domestic intelligence agents working on behalf of the CIA, they will be encouraged to collect more information," German said. "It turns police officers into spies on behalf of the federal government."
Note: For many disturbing reports on increasing threats to civil liberties from reliable sources, click here.
The town of Postville, Iowa, population 2,000, has been turned into an open-air prison. On May 12, immigration officials swooped in to arrest 400 undocumented workers from Mexico and Guatemala at the local meat-packing plant, a raid described as the biggest such action at a single site in U.S. history. The raid left 43 women, wives of the men who were taken away, and their 150 children without status or a means of support. The women cannot leave the town, and to make sure they do not they have been outfitted with leg monitoring bracelets. "The women are effectively prisoners," said Father Paul Ouderkirk at St. Bridget's Roman Catholic Church. "What kind of a government makes prisoners of 43 mothers who all have children and then says, ‘You can't work, you can't leave and can't stay?' That boggles the imagination." Since the raid, St. Bridget's, with a staff of four, has raised $500,000 to pay for rent, clothing, food and other necessities of life. The men were taken to the National Cattle Congress building in Waterloo, Iowa, where immigration judges were on hand. They were charged and then sent to nine different prisons around the state. Fr. Ouderkirk said some of the men were deported and others are serving five-month prison terms for violating immigration laws - but he said no one ever explained why some were held and others sent home. The men were all working at Agriprocessors, believed to be the largest kosher meat-packing plant in the world. Fr. Ouderkirk and others have said the plant was a disgrace that abused workers who had little understanding of their rights.
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The Big Apple is turning into Big Brother, civil liberties groups have warned in response to a new plan from New York city's police chiefs to photograph every vehicle entering Manhattan and hold the details on a massive database. As well as placing cameras at all tunnels and bridges into Manhattan, the 36-page plan, called Operation Sentinel, calls for a security ring to be erected at Ground Zero and for a 50-mile buffer zone around the city within which mobile units would search for nuclear or "dirty" bombs. [The] 3,000 cameras that could be mounted as a result of the plans of the New York police ... have provoked outrage in the United States. Donna Lieberman, director of the New York Civil Liberties Union, said the idea of tracking the movements of millions of people was "an assault on the country's historical respect for the right to privacy and the freedom to be left alone". The NYCLU is pressing the New York police to release further details of its intentions under freedom of information laws. The toughest element of the scheme relates to preparations to secure Ground Zero once the six-hectare site is rebuilt and open to the public again. Those measures include moveable roadblocks, security cameras across lower Manhattan and an underground bomb-screening centre through which all delivery vehicles would have to pass. The plan to video the number plates of every vehicle would be applied to all points of entry into Manhattan, including the main Brooklyn-Battery, Holland, Lincoln and Midtown tunnels and Brooklyn, Manhattan and other bridges.
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Attorney General Michael Mukasey confirmed plans ... to loosen post-Watergate restrictions on the FBI's national security and criminal investigations. Mukasey said he expected criticism of the new rules because "they expressly authorize the FBI to engage in intelligence collection inside the United States." The Justice Department ... is expected to publicly release the final version within several more weeks. Even then, portions are expected to remain classified for national security reasons. Nonetheless, Mukasey provided enough detail Wednesday to alarm civil libertarians. Michael German, a former veteran FBI agent who is now policy counsel for the American Civil Liberties Union, said if Mukasey moves ahead with the new rules as he describes them, he'll be weakening restrictions originally put in place after the Watergate scandal to rein in the FBI's domestic Counter Intelligence Program, or COINTELPRO. "I'm concerned with the way the attorney general frames the problem," German said. "He talks about 'arbitrary or irrelevant differences' between criminal and national security investigations but these were corrections originally designed to prevent the type of overreach the FBI engaged in for years." German said recent events demonstrated that Mukasey needed to strengthen the FBI's guidelines, not "water them down. ... What the attorney general is doing is expanding the bureau's intelligence collection without addressing the mismanagement within the FBI. If you have an agency collecting more with less oversight, it's only going to get worse."
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CBS4 News has learned if mass arrests happen at the Democratic Convention, those taken into custody will be jailed in a warehouse owned by the City of Denver. Protesters have already given this place a name: "Gitmo on the Platte." Inside are dozens are metal cages. They are made out of chain link fence material and topped by rolls of barbed wire. In past conventions, mass arrests have taken place. Each of the fenced areas is about 5 yards by 5 yards and there is a lock on the door. A sign on the wall reads "Warning! Electric stun devices used in this facility." CBS4 showed its video to leaders of groups that plan to demonstrate during the convention. "Very bare bones and very reminiscent of a political prisoner camp or a concentration camp," said Zoe Williams of Code Pink. "That's how you treat cattle," said Adam Jung of the group Tent State University. "You showed the sign where it said stun gun in use and you just change the word gun for bolt and it's a meat processing plant." The American Civil Liberties Union is asking the City of Denver how prisoners will get access to food and water, bathrooms, telephones, plus medical care, and if there will be a place to meet with attorneys.
Note: For many reliable and verifiable reports on threats to a free and fair electoral process in the U.S., click here.
Across the country, police are using GPS devices to snare [criminal suspects], often without a warrant or court order. Privacy advocates said tracking suspects electronically constitutes illegal search and seizure, violating Fourth Amendment rights of protection against unreasonable searches and seizures, and is another step toward George Orwell's Big Brother society. With the ... ever-declining cost of the technology, many analysts believe that police will increasingly rely on GPS ... and that the public will hear little about it. "I've seen them in cases from New York City to small towns -- whoever can afford to get the equipment and plant it on a car," said John Wesley Hall, president of the National Association of Criminal Defense Lawyers. "And of course, it's easy to do. You can sneak up on a car and plant it at any time." Details on how police use GPS usually become public when the use of the device is challenged in court. Leibig said GPS should be held to a different standard because it provides greater detail. "While it may be true that police can conduct surveillance of people on a public street without violating their rights, tracking a person everywhere they go and keeping a computer record of it for days and days without that person knowing is a completely different type of intrusion," he said. Barry Steinhardt, director of the American Civil Liberties Union's technology and liberty program, considers GPS monitoring, along with license plate readers, toll transponders and video cameras with face-recognition technology, part of the same trend toward "an always-on, surveillance society."
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For nearly seven years, scientist Bruce E. Ivins and a small circle of fellow anthrax specialists at Fort Detrick's Army medical lab lived in a curious limbo: They served as occasional consultants for the FBI in the investigation of the deadly 2001 anthrax attacks, yet they were all potential suspects. Over lunch in the bacteriology division, nervous scientists would share stories about their latest unpleasant encounters with the FBI and ponder whether they should hire criminal defense lawyers. In tactics that the researchers considered heavy-handed and often threatening, they were interviewed and polygraphed as early as 2002, and reinterviewed numerous times. Their labs were searched, and their computers and equipment carted away. The FBI eventually focused on Ivins, whom federal prosecutors were planning to indict when he committed suicide last week. Colleagues and friends of the vaccine specialist remained convinced that Ivins was innocent: They contended that he had neither the motive nor the means to create the fine, lethal powder that was sent by mail to news outlets and congressional offices in the late summer and fall of 2001. Mindful of previous FBI mistakes in fingering others in the case, many are deeply skeptical that the bureau has gotten it right this time. "I really don't think he's the guy. I say to the FBI, 'Show me your evidence,' " said Jeffrey J. Adamovicz, former director of the bacteriology division at the U.S. Army Medical Research Institute for Infectious Diseases, or USAMRIID. "A lot of the tactics they used were designed to isolate him from his support. The FBI just continued to push his buttons."
Note: For revealing insights into the realities behind the war on terror, click here.
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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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.
Note: For lots more on the realities behind the "war on terror", click here.
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.”
Note: For lots more on the realities behind the "war on terror", click here.
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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Important Note: Explore our full index to revealing excerpts of key major media news stories on several dozen engaging topics. And don't miss amazing excerpts from 20 of the most revealing news articles ever published.