Hold Until Cleared

The Fourth Amendment of the Constitution states:

"The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized."

"The Constitution of the United States is a law for rulers and people, equally in war and peace, and covers with the shield of its protection all classes of men, at all times, and under all circumstances..." Milliigan (1866).

"In order to protect the lives of thousands, the civil rights of a few must be violated."

"We are waging a war that defends the lives of all Americans. And we wage that war each day in a way that values and protects the civil liberties and the constitutional freedoms that make our Nation so special." Alberto R. Gonzales - June 9, 2005

Does the fact that our government says we are fighting a war on terrorism actually put the country in a state of war so that our civil rights can be suspended? In times of crisis historical governmental emergency actions were justified, such as the Alien and Sedition Acts of the 1790's, the suspension of habeas corpus during the Civil War, the Abrams decision curtailing free speech during WWI and the Palmer Raids immediately following it, the internment of Japanese peoples during WWII, the McCarthy hearings during the Cold War and the FBI intimidation of civil rights activists and anti-Vietnam war protesters in the 50's, 60s and early 70's.

So here we are in the 21st century, once again holding people as "material witnesses" (what the government likes to call "hold intil cleared"). Sometimes they are held for weeks or months until the government is satisfied that they have no terrorist ties. The government seems to make no distinction as to whether these people are U.S. citizens or not. Some may say that just because they are citizens, doesn't mean that their allegiance might not lie elsewhere. During the second world war, the U.S. government rounded up thousands of poeple of Japanese descent using the same rationale. Forced into detention camps, they were held until the end of the war. The curious thing to me is that German-Americans or Italian-Americans were not treated in the same way. Why weren't they a threat? Now here we are treating people who look Middle Eastern the in much the same way as the Japanese-Americans of 60 years ago. You would think we had learned something since then.

A friend of mine says that he doesn't see the problem. If you're not doing anything wrong, you have nothing to worry about. Section 802 of the Patriot Act defines terrorism in such a way that anyone who disagrees with the power structure could be considered a terrorist. Section 802 says, "activity that involves acts dangerous to human life that violate the laws of the United States or any state and appear to be intended to intimidate or coerce a civilian population." Anyone can be a suspect; by the books you read, by the people you associate with or by the things you say. Our law enforcement agencies now have the power to spy on us, set up files on individuals and make midnight raids on homeowners, all in the guise of protecting us from terrorists.

The government asserts that the fact we haven't had another terrorist attack sine 9/11 is proof that all this is working. I disagree. The bombings in London recently are proof that terrorists can attack anytime they want. Prime Minister Tony Blair said shortly after the attack that the government had NO credible intelligence that could have prevented the atttack. And just this weekend there was another attack in Bali. Don't you think that government did all it could to prevent such an event.

Hunting down suspected terrorists doesn't seem to be the answer. These people don't communicate with one another on a global level. As General Abizaid, speaking before a senate subcommittee, said just yesterday (I paraphrase), "Al Qaeda is not like IBM, a monolithic organization that leads from a central headquarters; it's more like a McDonald's franchise." Catching one terrorist may lead you to several more, but he and they are probably only acting on their own anyway, so the threat could come from anywhere and it most likely will.

"Beware the leader who beats the drums of war in order to whip the citizenry into a patriotic fervor, for patriotism is indeed a double-edged sword. It both emboldens the blood, just as it narrows the mind. And when the drums of war have reached a fever pitch and the blood boils and hate and the mind has closed, the leader will have no need in seizing the rights of the citizenry. Rather, the citizenry, infused with fear and blinded by patriotism, will offer up all of their rights unto the leader and gladly so. How do I know? For this is what I have done. And I am Caesar." - Julius Caesar

Well, it seems that President Bush Has pulled a Caesar on the U.S. Many live in fear of another terrorist attack and seem more than willing to give up whatever civil liberties the government deems necessary to secure their own safety. But as Benjamin Franklin said, "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."