Following 9-11, draconian anti-terrorism legislation
in the USA Patriot Act was rammed through Congress and signed by President
Bush on Oct. 26 and there is more in the pipeline. President
Bush has now signalled the repressive tack the government is taking
by his announcement that non-citizens accused of involvement in terrorism
may be tried by special secret military courts.
For some years, the government has been preparing to repress social
movements, largely on the left, that it saw as threatening its economic
and social policies.
In 1996, the Clinton administration, colluding
with the Republicans in both houses of Congress and pushing aside
the objections of moderates, enacted two pieces of repressive legislation:
the Anti-Terrorism and Effective Death Penalty Act, and the Illegal
Immigration Reform and Immigrant Responsibility Act. These two laws:
- Make it a crime to provide even humanitarian
aid to organizations the government chooses to call "terrorist."
- Allow legal immigrants to be deported on the
basis of "secret" evidence that neither the accused nor their
lawyer are allowed to see.
- Make it outrageously difficult for prisoners
sentenced to death to appeal their sentences to federal courts.
(This is a key factor in the Mumia Abu-Jamal case).
- Cut off immigrants from many services paid for
by their tax dollars.
The USA Patriot Act expands on these policies
against immigrants and dissenters:
- Immigrants now can be detained for up to seven
days without being charged with a crime, and deported based on
mere suspicion that they have terrorist ties.
- Immigrants can be held in prison indefinitely
without a trial under certain circumstances, for example, if the
government is trying to deport them and their country of origin
refuses to take them back.
- The government can declare certain organizations,
foreign or domestic, to be terrorist, and then any material aid
to such organizations, even if it supports only legal, charitable
activities, constitutes a criminal felony and entails a stiff
prison sentence.
- The government has "sneak-and-peek" rights when
it claims to be investigating terrorism they can go into
a person's house or office based on a secret warrant without telling
the person. This creates a danger of planted evidence and frame-ups.
Sneak-and-peek searches have been legal since 1978, but now secret
searches can be used for criminal prosecutions.
- The government can use "roving wiretaps," which
means they can get authorization to listen in to any phone they
assert a person they are investigating "might" use, even if that
entails listening in on many other people's conversations.
- The government has greatly expanded ability
to spy on your email and to do surveillance of the internet websites
you visit.
- Colleges and universities are now required to
provide detailed information to government security agencies on
all non-citizen students, including those studying on student
visas and those who are permanently residing in the US.
- If the government finds that the judge of the
local jurisdiction where a person it is investigating in relation
to terrorism lives will not give them a warrant, it can search
the whole country for a judge easygoing enough to give the warrant.
- The CIA is now authorized to spy on people within
the US, and there will be much more sharing of information among
the CIA, FBI, INS, National Security Agency, grand juries, and
local police.
The USA Patriot law may not be the last one passed
as part of the "war against terrorism." There are calls for a national
identity card and even more crackdowns on the foreign-born. There
is a bill in Congress to ban all students from seven countries the
US claims sponsor terrorism. Yet, none of the terrorists who committed
the crime of 9-11 was from any of these countries.
In Illinois, State Attorney General and gubernatorial
candidate Jim Ryan is promoting his own "Illinois Comprehensive
Anti-Terrorism Bill" which in some ways goes even further than the
federal legislation. For example, under Ryan's bill, even actions
that "endanger property" will be classified as terrorism as long
as their intention is to pressure the government or sway public
opinion. These would be considered "Class X Felonies" and carry
mandatory sentences of 20 years to life.
There is a huge risk that such laws would be used
to try to break up protest movements by labor unions, anti-globalization
forces, civil rights groups, and environmental organizations.
Nobody disagrees that certain things, such as
improved airport security, need to be done to prevent terrorism.
However, the establishment press is not asking if the draconian
legislation might be aimed at suppressing dissent and protest movements
against government policy rather than preventing terrorism.
Prior to 9-11, there was a mounting movement against
corporate globalization and sweatshop exploitation; a real, if cautious,
turn to the left by the labor movement; and strong protest movements
on topics ranging from immigrants' rights to police brutality. In
the wake of 9-11, all of these movements have been silenced. But
the social conditions that produced them have not disappeared; they
will arise again. Now the government is using the shock and fear
of the American people to give itself the power to crush these legitimate
protests.
How has the American press responded? A number
of newspapers, including the Chicago Tribune and the New York Times,
have editorialized that the administration is going too far. But
in general, press reaction to this assault on civil liberties has
been inadequate, thanks to insufficient critical analysis and ignorance
of history.
In reporting the possible use of military tribunals
to try foreign terrorists, few media outlets looked in depth at
the underlying assumption of this move by the government.
The hanging of Major Andre during the Revolutionary
War and the execution after World War II of Japanese General Tomoyuki
Yamashita, both as the outcome of military tribunals, were cited
as precedents in some of the press stories, without mention that
both acts were considered travesties of justice by many people at
the time and even today.
For the Chicago Tribune to cite the Yamashita
case as a precedent without mentioning its controversial nature
is a disservice to the Chicago public. The Sun Times sank even lower,
its editorial simply validating the government's idea that people
we don't like don't deserve due process.
Statements by Attorney General John Ashcroft and
Vice President Dick Cheney clearly show that they see due process
as an advantage for guilty people and not what it is supposed to
be a fundamental right and a mechanism to protect the innocent
from false accusation and wrongful conviction. They think there
should be two sets of rules: one for citizens like Timothy McVeigh
and another for people who are not US citizens.
This bodes ill for the people who will be brought
before the military tribunals, and for the rights of everyone in
America.