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Do you admit
that under Section 112 of the USA Patriot Act, a "suspected
terrorist" needs only to be "certified" by the
Attorney General on "reasonable grounds" that he "believes"
someone to be engaged in terrorist activities?
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Do you admit
that Section 802 of the USA Patriot Act does not define an act
of terrorism by the characteristics of the actors or the nature
of the acts?
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Do you admit
that Section 802 of the USA Patriot Act defines an act of terrorism
as an act "calculated to influence or affect the conduct
of government by intimidation or coercion or to retaliate against
government conduct"?
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Do you admit
that under Section 802 of the USA Patriot Act, the definition
of terrorist is broad enough to sweep up citizens who engage in
hunger strikes and other forms of non-violent demonstrations to
force the government to respond to their petitions for redress?
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Do you admit
that under Section 803 of the USA Patriot Act, the act of giving
food or shelter to a friend who may have been involved in any
of these acts could, in turn, brand a person as a "terrorist"
as well?
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Do you admit
that under Section 213 of the USA Patriot Act, government purportedly
has the right to go into a citizen’s home while that person
is away, copy the content of the person’s computer hard
drive and files, gather and take any information or items they
please without ever serving a citizen notice of such search or
seizure since, "the execution of a warrant may have adverse
effect"?
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Do you admit
that Section 213 of the USA Patriot Act authorizes government
to issue a warrant based on "reasonable cause," rather
than the constitutionally mandated "probable cause?"
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Do you admit
that under Section 218 of the USA Patriot Act, the standards for
foreign intelligence collection under the Foreign Intelligence
Surveillance Act (FISA) were radically altered?
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Do you admit
that the standards for foreign intelligence collection traditionally
meant that when a federal officer went to the FISA court or designated
judge for an order of electronic surveillance under the FISA which
may involve communications of a United States person, the application
requires not only the approval of the Attorney General, based
upon his finding that it satisfies strict criteria and requirements,
but also a certification by the Assistant to the President for
National Security Affairs or a designated senior executive branch
official that, among other things, "the purpose" of
the surveillance is to obtain foreign intelligence information?
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Do you admit
that Section 218 of the USA Patriot Act permits surveillance if
intelligence gathering is a "significant purpose" (as
opposed to "the purpose") of the government’s
contemplated action?
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Do you admit
that this wording change effectively allows intelligence to be
used by both law enforcement and intelligence agencies, blurring
the distinction between domestic law enforcement and foreign intelligence
operations?
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Do you admit
that this wording change would allow the National Security Agency
to become an arm of domestic law enforcement?
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Do you admit
that Sections 216, 217 and 218 of the USA Patriot Act allow for
unrestricted wiretapping, the tracing and spying on email messages
and internet activities on anyone anywhere in the USA without
the need to obtain a court order as long as "the information
likely to be obtained … is relevant to an ongoing criminal
investigation?"
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Do you admit
that USA Patriot Act infringes on and erodes traditional due process
safeguards and relies heavily on detention in the immigration
context?
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Do you admit
that the USA Patriot Act relies heavily on mandatory detention,
depriving individuals of their liberty and significantly impacting
their ability to secure and maintain working relationships with
counsel?
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Do you admit
that the USA Patriot Act and Justice Department rule changes since
September 11 permits a prolonged detention of immigration detainees
before charges are initiated, continued mandatory detention without
bond or a custody hearing after charges have been filed (even
when charges are not based on security grounds), and an automatic
stay of release when an immigration judge or the Board of Immigration
Appeals disagrees with the INS and sets a bond?
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Do you admit
that under Section 236A of the USA Patriot Act (at the Attorney
General’s discretion), no court shall have jurisdiction
to review, by habeas corpus, petition, or otherwise, any such
action or decision?
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Do you admit
that under the USA Patriot Act, detainees will not have access
to legal counsel with security clearances?
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Do you admit
that under the USA Patriot Act, detainees will not be able to
meet privately with their legal counsel?
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Do you admit
that the USA Patriot Act and Justice Department rule changes since
September 11 allow for the secret, incommunicado nature of detentions,
closed hearings and a lack of access to attorneys and family members?
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Do you admit
that on October 11, 2001, the Justice Department issued a rule
announcing that communications of certain federal prisoners would
be monitored?
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Do you admit
that the USA Patriot Act and Justice Department rule changes since
September 11 seriously impair the ability of attorneys to carry
out their constitutional role under the 5 th and 6 th Amendments
of providing effective counsel to their clients and will unduly
limit the 1 st Amendment rights of detainees to confer in confidence
with their attorneys?
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Do you admit
that the USA Patriot Act and Justice Department rule changes since
September 11 demonstrate a willingness on the part of the government
to suspend the due process rights our Constitution guarantees,
with no prior judicial approval and with no grounds other than
"reasonable suspicion"?
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Do you admit
that the USA Patriot Act and Justice Department rule changes since
September 11 demonstrate a willingness on the part of the government
to eavesdrop on conversations between lawyers and their clients,
including men, women and children who have never been charged
with a crime?
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Do you admit
that the President’s November 11, 2001 executive order on
military commissions for trying unlawful combatants is the equivalent
of the Taliban’s secret Star Chambers?
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Do you admit
that the President’s November 11, 2001 executive order on
military commissions could apply to any non-citizen or resident
alien who may have a tenuous (alleged) link to acts of terrorism?
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Do you admit
that the President’s November 11, 2001 executive order on
military commissions allows for secret proceedings?
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Do you admit
that the President’s November 11, 2001 executive order on
military commissions authorizes a lower standard of proof requirement
than military courts, with only a 2/3 verdict necessary for the
death sentence?
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Do you admit
that under the President’s November 11, 2001 executive order
on military commissions habeas corpus may not apply?
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Do you admit
that the President’s November 11, 2001 executive order on
military commissions stands to undermine the stature of the United
States as the leader of the free world in ensuring fair and just
tribunals for trials?
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Do you admit
that under the President’s November 11, 2001 executive order,
and the Defense Department’s implementation procedures,
military commissions could apply to U.S. citizens and to those
lawfully present in the United States?
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Do you admit
that under the President’s November 11, 2001 executive order
on military commissions, and the Defense Department’s implementation
procedures, detention could be set for an indefinite period of
time?
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Do you admit
that under the President’s November 11, 2001 executive order
on military commissions, and the Defense Department’s implementation
procedures, habeas corpus rights could be suspended?
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Do you admit
that under the President’s November 11, 2001 executive order
on military commissions, and the Defense Department’s implementation
procedures, there would be a lack of an appeal to an independent
appellate body with the right to certiorari review by the US Supreme
Court?
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Do you admit
that under the U.S. Patriot Act, government may monitor religious
and political institutions, without suspecting criminal activity,
to assist terror investigations?
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Do you admit
that under the U.S. Patriot Act, government has closed once-public
immigration hearings, has secretly detained hundreds of people
without charges, and has encouraged bureaucrats to resist public
records requests?
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Do you admit
that under the U.S. Patriot Act, government may prosecute librarians
or keepers of any other records if they tell anyone that the government
subpoenaed information related to a terror investigation?
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Do you admit
that under the U.S. Patriot Act, government may monitor federal
prison jailhouse conversations between attorneys and clients,
and deny lawyers to Americans accused of crimes?
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Do you admit
that under the U.S. Patriot Act, government may search and seize
Americans’ papers and effects without probable cause to
assist terror investigations?
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Do you admit
that under the U.S. Patriot Act, Government may jail Americans
indefinitely without a trial?
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Do you admit
that under the U.S. Patriot Act, Americans may be jailed without
being charged or being able to confront witnesses against them?
