Today an important deadline was missed. One of the most shameful chapters of American history was to have been brought to a close with the shuttering of the prison at Guantánamo Bay. President Obama's executive order to close the prison within a year (PDF), made on his second full day in office, was a bold act that signaled a strong commitment to breaking away from the unlawful policies of the Bush administration.
Sadly, the prison is still open. President Obama has recently reaffirmed his commitment to closing the facility, and that is encouraging. Yet, at the same time, it is worrisome that when Guantánamo finally does close, it appears that some of its most shameful policies will continue on U.S. soil, potentially reducing the closure to a symbolic gesture.
The administration has admittedly run into significant obstacles to closing the prison. Congress, awash in fear-mongering and claims of "Not in my backyard," helped turn Guantánamo into a political football by blocking transfers of detainees cleared for release to the U.S. and launching a failed attempt to block the Justice Department from prosecuting detainees in federal court. But the administration is also to blame, as it has essentially discouraged other countries from accepting detainees by refusing to accept any into the U.S., fought the release of cleared detainees even up to the Supreme Court, and declared recently that it won't release detainees to Yemen. The notion that Americans are made safer by continuing to detain prisoners who have been deemed appropriate for release simply because they come from certain countries will only serve to inflame those who believe that the U.S. has lost respect for the rule of law.
It is vital that the failure to meet the closure deadline does not give in to a sense of inertia or inevitability that the prison will be open for a long time to come. But it is also just as important that when Guantánamo is finally closed, it is closed right. That means that along with closing the facility, we must also put an end to its illegal policies like indefinite detention. Unfortunately, the latest indications from Washington don't bode well.
Last month, the Obama administration announced its intention to purchase the Thomson Correctional Center in Illinois for the purpose of holding some of the detainees currently remaining at Guantánamo. However, all indications are that some of the detainees who would be sent to the Thomson prison would be held under a policy, unchanged from the Bush administration, of indefinite detention without charge or trial. The Obama administration may have inherited the problems of Guantánamo from the Bush years, but by continuing the prison's lawless policies on U.S. soil, it would take undisputed ownership of them.
In deciding how to handle detainees, the administration should conduct a thorough review of each case. Detainees against whom there is no credible evidence should be repatriated back to their home countries or resettled elsewhere where they won't be tortured. Detainees against whom there is evidence of terrorist activity should be tried in federal courts. The American criminal justice system is more than capable of trying terrorism suspects while protecting both sensitive security evidence and fundamental rights. The federal courts have successfully prosecuted more than over 200 terrorism cases, including those of "Blind Sheik" Omar Abdel-Rahman for his role in the 1993 bombing of the World Trade Center, "shoe-bomber" Richard Reid and Zacarias Moussoui for conspiring in the 9/11 attacks.
No one disputes that the government has the right, under the laws of war, to detain prisoners captured on the battlefield until the end of hostilities. But the Bush and Obama administrations have defined their powers to do so far too broadly. They have used such authority to pick up and detain prisoners from around the globe who they deem engaged in the "war on terror," essentially defining the "war zone" as the entire globe. Moreover, the "war on terror" will never come to a public, decisive end, so the duration of the war is essentially forever, opening up the possibility that America would detain individuals for the rest of their lives without giving them their due process rights. But even for those detainees at Guantánamo for whom the laws of war would ordinarily apply, the unique situation demands that they be charged or released after so many years of imprisonment without the protections of domestic and international law.
Guantánamo must close, and when it finally does, celebration will be in order. But the illegal policies embodied by the prison must disappear along with it. This moment in time presents a crucial opportunity to turn the page on the tragic policies of the past and firmly reclaim our moral authority. Continuing the failed policies of Guantánamo, on U.S. soil or elsewhere, would be an error of historic proportions.
Cross-posted from the ACLU's Blog of Rights to Daily Kos and Huffington Post.
Please join the ACLU today and help us continue the fight for accountability in government and an end to abuses of power.
Showing posts with label torture. Show all posts
Showing posts with label torture. Show all posts
Friday, January 22, 2010
Tuesday, January 12, 2010
Madisonians Fast for Witness Against Torture - Will Obama Really Close Gitmo?
Yesterday, some Madison peace activists gathered to recognize the anniversary of the start of detentions of alleged terror suspects at Guantanamo Bay. Some of these activists are fasting to bring attention to the lack of progress President Obama and Congress have made in closing Gitmo. Even if you aren't fasting, you can take action on this issue today.
For why she is choosing to fast, Janet Parker explains:
You can read Janet's full statement on the Capitol Times website.
For a good summary of where we are after eight years, check out Truthout's fair criticism of Obama's stalling and "guilt by nationality." The ACLU posted their "eight years and counting" blog yesterday which includes this video "Justice Denied: Voices From Guantanamo" in which former detainees tell their stories of being captured and sent to Gitmo without trial.
Tell President Obama during this Gitmo anniversary week that action needs to be taken to close Guantanamo and end indefinite detention now.
For why she is choosing to fast, Janet Parker explains:
I am taking part in the Witness Against Torture fast this week to focus attention on our government’s policies of illegal detention, torture, outsourcing of torture, and drone killings in Afghanistan and Pakistan, and to call for a change in these policies. Our fast to resist the crimes and abuses of the “War on Terror” began yesterday, January 11, the date eight years ago that Guantánamo was first used to detain prisoners illegally and indefinitely.
The fast will continue until January 22, the day in 2009 when President Obama announced that he would close Guantánamo within a year. That year is almost over, and there are still more than 200 men being held at Guantánamo, many of whom have been cleared of any crime. By international law, these men should never have been held without charge, nor should they have been tortured. We call on the president to make good on his promise of last January to close Guantánamo, to release those men that have already been cleared, and to process other prisoners through fair trials and sentencing under US and international law.
The disgraces of the U.S.’s “War on Terror” include outsourcing torture by sending prisoners to “black sites” around the world where they can be held and tortured out of the public eye. This attempt to sweep torture under the rug by moving it to other nations does not reduce our government’s culpability, nor does it correct or undo the travesties that have unfolded on US-controlled soil at Guantánamo. And citizens who know that torture is wrong should not be silenced by this tactic of outsourcing. We need to continue to be vigilant in defense of prisoners and others harmed by the wars our government is waging in our names and with our tax money.
My fasting this week is one way that I choose to speak out against my government’s illegal and tremendously damaging violent actions, in Afghanistan, Pakistan, Guantánamo, Iraq, and here within our country. If readers would like to join the fast, please read more at www.witnesstorture.org and contact us locally at Wisconsin Network for Peace and Justice, www.wnpj.org 608- 250-9240. You can also read my fellow faster Bonnie Block's perspective that she shared with the Wisconsin Network for Peace and Justice blog.
Janet Parker
Madison, Wisconsin
You can read Janet's full statement on the Capitol Times website.
For a good summary of where we are after eight years, check out Truthout's fair criticism of Obama's stalling and "guilt by nationality." The ACLU posted their "eight years and counting" blog yesterday which includes this video "Justice Denied: Voices From Guantanamo" in which former detainees tell their stories of being captured and sent to Gitmo without trial.
Tell President Obama during this Gitmo anniversary week that action needs to be taken to close Guantanamo and end indefinite detention now.
Monday, January 11, 2010
Madison Group to Begin 11-Day “Fast for Justice” on Behalf of Guantánamo Detainees
on Behalf of Guantánamo Detainees
Candlelight Vigil and Capitol Procession Will Be Part of National Protest
To speak out against the continued imprisonment of detainees at the U.S. facilities in Guantánamo Bay, Cuba, protestors in Madison, WI, will gather at 4 pm, January 11 at First United Methodist Church to participate in a candlelight vigil and procession around the Capitol.
The protestors, organized by Madison Pledge of Resistance, will join groups holding similar events around the country that day in response to a call to action by New York-based Witness Against Torture (www.witnesstorture.org). Witness Against Torture is organizing an 11-day fast in Washington, DC, with a nonviolent action of civil resistance planned for January 21.
January 11 will mark eight years of detention for the men in Guantanamo. On January 22, one year will have passed since President Obama signed an executive order mandating the close of the detention facility by January 22, 2010. The President has conceded that the deadline will not be met.
Regarding her own motivation to participate, Bonnie Block, a leader of Madison Pledge of Resistance, said:
I am participating in the Fast for Justice as a witness to, and a renewal of, my commitment to work for an end to all forms of torture. I do so because the Guantánamo prison has not closed and torture is being outsourced to other repressive governments. I do so because this nation continues its military occupation of Iraq and Afghanistan, is sending killing drones over Pakistan, and financing the Israeli occupation of Palestine and Gaza. I believe these policies are akin to torture because they too result in the destruction of human life. I think that is unconscionable and unacceptable so I feel compelled to protest.While some members of the Madison group plan to fast for 11 days, participants are invited to join the candlelight procession and vigil whether or not they are able to fast ― or to fast at a level and for length of time that is comfortable for them. Organizers are also asking protestors to write letters to President Obama and their legislators calling on them to “shut down Guantanamo, try the men we have evidence against, and release those who should be released.”
Details of the planned Madison Fast for Justice events are as follows:
Monday, January 11, 4:00 p.m. - Gathering at First United Methodist Church, 203 Wisconsin Ave., followed by a procession around the Capitol and candlelight vigil
Saturday, January 16, 4:00 p.m. - Protestors reconvene for fellowship and reflection at the Wisconsin Network for Peace and Justice office at 122 State St., Room 405
Friday, January 22 - Final gathering at St. John’s Lutheran Church, 322 East Washington for participants to break their fast together.
Monday, August 31, 2009
ACLU Online News - national issues update
August 28, 2009 - ACLU Online News
Attorney General Holder Announces Appointment of Special Prosecutor to Investigate Torture
On Monday, the ACLU obtained the detailed official record of the CIA’s torture program.
>>Take action and learn more.
On Monday, Attorney General Eric Holder made the long-awaited announcement of the appointment of a special prosecutor to conduct a preliminary investigation into whether federal laws were violated during the interrogation of detainees in U.S. custody.
Attorney General Holder said his decision to appoint a special prosecutor was in part influenced by the contents of a CIA inspector general report made public the same day as part of an ACLU lawsuit. The IG report documents in disturbing detail the level of the torture committed and the extent to which laws were broken.
As anyone who has seen the details of this appalling report can tell you, this investigation is necessary and long overdue, and Attorney General Holder should be commended for taking this important first step. However, the very limited scope of the investigation he launched is nowhere near as thorough and broad as the torture investigation America really needs.
According to early reports, prosecutor John Durham’s mandate will be limited to roughly a dozen cases in which CIA interrogators and contractors may have violated U.S. torture laws and other statutes. Moreover, Durham will conduct a 'preliminary' investigation meant to determine whether a full investigation is appropriate.
In addition to the long-awaited IG report, the ACLU also received more than 60 documents, dating from 2002 through 2007, in response to two ACLU Freedom of Information Act lawsuits for documents related to the treatment of detainees in U.S. custody overseas. Included are memos, letters, and documents between the Justice Department’s Office of Legal Counsel (OLC) and the CIA about the torture and interrogation of detainees in U.S. custody.
Collectively, the OLC documents, along with the CIA Inspector General report, further underscore the need for a full investigation into the torture of prisoners and those who authorized it.
>>Take Action: Urge Attorney General Holder to conduct a thorough investigation of the Bush torture program.
>>Learn more about the documents released on Monday.
Rendition Program to Continue Under Obama’s Watch
On Monday, the Obama administration made the disappointing announcement that it would continue the Bush administration practice rendition -- the practice of kidnapping individuals suspected of terrorism and rendering them to other countries to be detained or interrogated -- but that it will monitor all cases to ensure that suspects are not mistreated.
As a party to the U.N. Convention Against Torture, the U.S. is under an absolute obligation not to commit torture or to facilitate its occurrence. By instituting a rendition program that relies on flimsy “diplomatic assurances,” the Obama administration is turning its back on U.S. obligations under the U.N. Convention.
The administration’s announcement forms part of the Justice Department’s new recommendations on the interrogation and transfer of individuals. The newly revamped rendition program would rely “on assurances from the receiving country” to prevent torture. These so-called “diplomatic assurances” -- written guarantees from the receiving state that a person would not be subject to torture -- are not a new concept. They were also employed by the Bush administration in the universally condemned “extraordinary rendition" program and proved singularly ineffective in preventing individuals from being tortured after transfer.
A rendition program with “diplomatic assurances” as its centerpiece will be ineffective at preventing torture. We urge the administration to uphold its absolute obligation to prevent torture. Any transfer it engages in must fully comply with domestic and international human rights law. Anything less will mark a return to the unlawful “extraordinary rendition” program.
>>Learn more about the ACLU’s work to end extraordinary rendition.
>>Learn more about the ACLU's work to defend human rights.
ACLU Mourns Senator Edward Kennedy
The ACLU this week mourns the passing of Sen. Edward Kennedy, a stalwart champion and defender of civil liberties with a record of public service marked by unending compassion and progress.
Sen. Kennedy often worked with the ACLU to defend the values and ideals inherent in the United States Constitution, fighting to ensure free speech, equality and justice for all people, particularly the disadvantaged. He consistently was the voice for the marginalized and fought in the Senate for those struggling to live free from discrimination throughout the country. Senator Kennedy’s leadership, courage, and compassion will echo throughout the halls of Congress for generations to come.
>> Learn more about Sen. Kennedy’s numerous legislative accomplishments.
Guantánamo Detainee Mohammed Jawad Returned Home To Afghanistan
ACLU client Mohammed Jawad was released from Guantánamo and returned to Afghanistan over the weekend, ending nearly seven years of illegal detention by the U.S. government.
In July, U.S. District Judge Ellen S. Huvelle granted Jawad's habeas corpus petition and ordered the Justice Department to release him, finding there was no credible evidence to continue holding him. Judge Huvelle had previously issued a ruling throwing out Jawad's supposed "confession" because it was the product of torture.
Two facts stood out with Jawad’s case. First, his age: he was a teenager, possibly as young as 12, when he was captured. And second, Jawad’s former lead military prosecutor, Lt. Col. Darrel Vandeveld, left the military commission in September 2008 because he did not believe he could ethically proceed with the case given Jawad's mistreatment and the lack of credible evidence against him.
"While Mr. Jawad's release is a long-awaited victory for the rule of law, there are many other detainees who are still being held illegally,” said Jonathan Hafetz, staff attorney with the ACLU National Security Project and one of Jawad's lawyers in his habeas corpus case. “We are hopeful that the government will act swiftly to close Guantánamo and handle all of the remaining detainees in a manner consistent with America's Constitution and its values. Any detainee suspected of a crime must be charged and tried in the federal courts, which are fully capable of handling terrorism cases. After so many years, the government should have reliable, untainted evidence against any suspect it believes is guilty. If not, it has no justification to continue imprisoning him."
>>Learn more about Jawad's case.
Surrendering Your Fourth Amendment Rights at the Border
On Thursday, the ACLU filed a lawsuit against U.S. Customs and Border Protection (CBP) demanding records about the CBP’s policy of searching travelers’ laptops without suspicion of wrongdoing.
The lawsuit was filed to enforce a Freedom of Information Act request filed in June requesting the criteria used for selecting passengers for suspicionless searches, the number of people who have been subject to the searches, the number of devices and documents retained and the reasons for their retention.
In the policy, the CBP asserts the right to read the information on travelers’ laptops "absent individualized suspicion," which means searching all files saved on laptops, including personal financial information, family photographs and lists of Web sites travelers have visited, without having any reason to believe a traveler has broken the law.
And after they’re done searching your laptop, they also reserve the right to search "documents, books, pamphlets and other printed material, as well as computers, disks, hard drives and other electronic or digital storage devices."
This policy includes everyone crossing the border, whether they’re U.S. citizens or not.
Stay tuned for developments in this effort. In the meantime, if your laptop or electronic device has been searched at the border, let us know about it by emailing legalintake@aclu.org.
Attorney General Holder Announces Appointment of Special Prosecutor to Investigate Torture
On Monday, the ACLU obtained the detailed official record of the CIA’s torture program.
>>Take action and learn more.
On Monday, Attorney General Eric Holder made the long-awaited announcement of the appointment of a special prosecutor to conduct a preliminary investigation into whether federal laws were violated during the interrogation of detainees in U.S. custody.
Attorney General Holder said his decision to appoint a special prosecutor was in part influenced by the contents of a CIA inspector general report made public the same day as part of an ACLU lawsuit. The IG report documents in disturbing detail the level of the torture committed and the extent to which laws were broken.
As anyone who has seen the details of this appalling report can tell you, this investigation is necessary and long overdue, and Attorney General Holder should be commended for taking this important first step. However, the very limited scope of the investigation he launched is nowhere near as thorough and broad as the torture investigation America really needs.
According to early reports, prosecutor John Durham’s mandate will be limited to roughly a dozen cases in which CIA interrogators and contractors may have violated U.S. torture laws and other statutes. Moreover, Durham will conduct a 'preliminary' investigation meant to determine whether a full investigation is appropriate.
In addition to the long-awaited IG report, the ACLU also received more than 60 documents, dating from 2002 through 2007, in response to two ACLU Freedom of Information Act lawsuits for documents related to the treatment of detainees in U.S. custody overseas. Included are memos, letters, and documents between the Justice Department’s Office of Legal Counsel (OLC) and the CIA about the torture and interrogation of detainees in U.S. custody.
Collectively, the OLC documents, along with the CIA Inspector General report, further underscore the need for a full investigation into the torture of prisoners and those who authorized it.
>>Take Action: Urge Attorney General Holder to conduct a thorough investigation of the Bush torture program.
>>Learn more about the documents released on Monday.
Rendition Program to Continue Under Obama’s Watch
On Monday, the Obama administration made the disappointing announcement that it would continue the Bush administration practice rendition -- the practice of kidnapping individuals suspected of terrorism and rendering them to other countries to be detained or interrogated -- but that it will monitor all cases to ensure that suspects are not mistreated.
As a party to the U.N. Convention Against Torture, the U.S. is under an absolute obligation not to commit torture or to facilitate its occurrence. By instituting a rendition program that relies on flimsy “diplomatic assurances,” the Obama administration is turning its back on U.S. obligations under the U.N. Convention.
The administration’s announcement forms part of the Justice Department’s new recommendations on the interrogation and transfer of individuals. The newly revamped rendition program would rely “on assurances from the receiving country” to prevent torture. These so-called “diplomatic assurances” -- written guarantees from the receiving state that a person would not be subject to torture -- are not a new concept. They were also employed by the Bush administration in the universally condemned “extraordinary rendition" program and proved singularly ineffective in preventing individuals from being tortured after transfer.
A rendition program with “diplomatic assurances” as its centerpiece will be ineffective at preventing torture. We urge the administration to uphold its absolute obligation to prevent torture. Any transfer it engages in must fully comply with domestic and international human rights law. Anything less will mark a return to the unlawful “extraordinary rendition” program.
>>Learn more about the ACLU’s work to end extraordinary rendition.
>>Learn more about the ACLU's work to defend human rights.
ACLU Mourns Senator Edward Kennedy
The ACLU this week mourns the passing of Sen. Edward Kennedy, a stalwart champion and defender of civil liberties with a record of public service marked by unending compassion and progress.
Sen. Kennedy often worked with the ACLU to defend the values and ideals inherent in the United States Constitution, fighting to ensure free speech, equality and justice for all people, particularly the disadvantaged. He consistently was the voice for the marginalized and fought in the Senate for those struggling to live free from discrimination throughout the country. Senator Kennedy’s leadership, courage, and compassion will echo throughout the halls of Congress for generations to come.
>> Learn more about Sen. Kennedy’s numerous legislative accomplishments.
Guantánamo Detainee Mohammed Jawad Returned Home To Afghanistan
ACLU client Mohammed Jawad was released from Guantánamo and returned to Afghanistan over the weekend, ending nearly seven years of illegal detention by the U.S. government.
In July, U.S. District Judge Ellen S. Huvelle granted Jawad's habeas corpus petition and ordered the Justice Department to release him, finding there was no credible evidence to continue holding him. Judge Huvelle had previously issued a ruling throwing out Jawad's supposed "confession" because it was the product of torture.
Two facts stood out with Jawad’s case. First, his age: he was a teenager, possibly as young as 12, when he was captured. And second, Jawad’s former lead military prosecutor, Lt. Col. Darrel Vandeveld, left the military commission in September 2008 because he did not believe he could ethically proceed with the case given Jawad's mistreatment and the lack of credible evidence against him.
"While Mr. Jawad's release is a long-awaited victory for the rule of law, there are many other detainees who are still being held illegally,” said Jonathan Hafetz, staff attorney with the ACLU National Security Project and one of Jawad's lawyers in his habeas corpus case. “We are hopeful that the government will act swiftly to close Guantánamo and handle all of the remaining detainees in a manner consistent with America's Constitution and its values. Any detainee suspected of a crime must be charged and tried in the federal courts, which are fully capable of handling terrorism cases. After so many years, the government should have reliable, untainted evidence against any suspect it believes is guilty. If not, it has no justification to continue imprisoning him."
>>Learn more about Jawad's case.
Surrendering Your Fourth Amendment Rights at the Border
On Thursday, the ACLU filed a lawsuit against U.S. Customs and Border Protection (CBP) demanding records about the CBP’s policy of searching travelers’ laptops without suspicion of wrongdoing.
The lawsuit was filed to enforce a Freedom of Information Act request filed in June requesting the criteria used for selecting passengers for suspicionless searches, the number of people who have been subject to the searches, the number of devices and documents retained and the reasons for their retention.
In the policy, the CBP asserts the right to read the information on travelers’ laptops "absent individualized suspicion," which means searching all files saved on laptops, including personal financial information, family photographs and lists of Web sites travelers have visited, without having any reason to believe a traveler has broken the law.
And after they’re done searching your laptop, they also reserve the right to search "documents, books, pamphlets and other printed material, as well as computers, disks, hard drives and other electronic or digital storage devices."
This policy includes everyone crossing the border, whether they’re U.S. citizens or not.
Stay tuned for developments in this effort. In the meantime, if your laptop or electronic device has been searched at the border, let us know about it by emailing legalintake@aclu.org.
Thursday, August 6, 2009
Tortured logic: video on why torture memo authors need accountability
This week, the ACLU debuted a video featuring actors reading from the Bush administration's torture memos. Watch Oliver Stone, Philip Glass, Rosie Perez and others read the chilling torture memos written by Bush's lawyers, and demand a full investigation into the Bush torture program.
View the video here.
Buttons on the video page will allow you to send it to friends via Facebook and Twitter.
You can also send the video to US Attorney General Eric Holder and ask him to have an independent prosecutor appointed to investigate and hold Bush administration officials accountable for torture policies.
View the video here.
Buttons on the video page will allow you to send it to friends via Facebook and Twitter.
You can also send the video to US Attorney General Eric Holder and ask him to have an independent prosecutor appointed to investigate and hold Bush administration officials accountable for torture policies.
Monday, July 20, 2009
Action alert: don't let Defense bill undermine effort to close Guantanamo, end torture and detention
This week, the mammoth Defense Department Authorization bill is on the Senate floor.
This must-pass legislation could easily become a vehicle for amendments to stop the closing of Guantánamo Bay, undermine efforts to hold accountable those responsible for the Bush torture program, and -- most troubling of all -- promote a new system of indefinite detention without charge or trial. In fact, the bill already has language that would allow the Guantánamo military commissions to continue to convict people based on coerced confessions.
Email your senators and tell them not to let the Defense Department Authorization bill become a vehicle for undermining civil liberties.
Your voice and that of hundreds of thousands of other ACLU activists are being heard in Washington. After months and months of pressure and newer, more disturbing revelations, Attorney General Holder is close to appointing a special prosecutor to investigate torture. And we have allies in the White House and in Congress who are committed to cleaning up the mess left by the Bush administration.
There are also some dangerous proposals being considered -- including indefinite detention without charge or trial. That is why it is so critical for you to contact to your senators today and ask them to:
- Support the President's commitment to shutdown Guantánamo by January 2010.
- End Guantánamo military commissions, and charge and try any alleged terrorists in federal criminal courts.
- Totally reject indefinite detention without charge and without trial. Nothing could be more un-American than giving the federal government the power to imprison people indefinitely without charge or trial.
Please help the ACLU create a drumbeat letting Congress and the White House know that Americans want them to move forward. Congress should not codify and expand Bush Administration policies.
Email your senators and tell them not to let the Defense Department Authorization bill become a vehicle for undermining civil liberties.
With critical civil liberties issues about to hit the Senate floor, we have to be as vocal as possible. Please take a moment right now to contact your senators. And please stay alert to fast-moving events in the days ahead.
Sincerely,
Anthony D. Romero
Executive Director
American Civil Liberties Union
P.S. The news last weekend that Attorney General Eric Holder is actively considering launching a torture investigation is encouraging. It is because of the hard work of ACLU attorneys and advocates and the voices of activists like you that we are at this point. We’ll be counting on you to make sure he follows through -- and to insist that an investigation is as thorough and far-reaching as it needs to be. Please donate or become a member today.
This must-pass legislation could easily become a vehicle for amendments to stop the closing of Guantánamo Bay, undermine efforts to hold accountable those responsible for the Bush torture program, and -- most troubling of all -- promote a new system of indefinite detention without charge or trial. In fact, the bill already has language that would allow the Guantánamo military commissions to continue to convict people based on coerced confessions.
Email your senators and tell them not to let the Defense Department Authorization bill become a vehicle for undermining civil liberties.
Your voice and that of hundreds of thousands of other ACLU activists are being heard in Washington. After months and months of pressure and newer, more disturbing revelations, Attorney General Holder is close to appointing a special prosecutor to investigate torture. And we have allies in the White House and in Congress who are committed to cleaning up the mess left by the Bush administration.
There are also some dangerous proposals being considered -- including indefinite detention without charge or trial. That is why it is so critical for you to contact to your senators today and ask them to:
- Support the President's commitment to shutdown Guantánamo by January 2010.
- End Guantánamo military commissions, and charge and try any alleged terrorists in federal criminal courts.
- Totally reject indefinite detention without charge and without trial. Nothing could be more un-American than giving the federal government the power to imprison people indefinitely without charge or trial.
Please help the ACLU create a drumbeat letting Congress and the White House know that Americans want them to move forward. Congress should not codify and expand Bush Administration policies.
Email your senators and tell them not to let the Defense Department Authorization bill become a vehicle for undermining civil liberties.
With critical civil liberties issues about to hit the Senate floor, we have to be as vocal as possible. Please take a moment right now to contact your senators. And please stay alert to fast-moving events in the days ahead.
Sincerely,
Anthony D. Romero
Executive Director
American Civil Liberties Union
P.S. The news last weekend that Attorney General Eric Holder is actively considering launching a torture investigation is encouraging. It is because of the hard work of ACLU attorneys and advocates and the voices of activists like you that we are at this point. We’ll be counting on you to make sure he follows through -- and to insist that an investigation is as thorough and far-reaching as it needs to be. Please donate or become a member today.
Tuesday, June 30, 2009
Demand that America Holds Those Who Authorized Torture Accountable
Call Congress Today! It's time to remind our elected officials that we need them to close Guantanamo, end military commissions, reject indefinite detention and demand accountability for torture policies.
There are lots of details on Obama's consideration of renewing policies of indefinite detention in this ProPublica/Washington Post article.
They especially need a reminder that we have not forgotten about why military commissions compromise fairness in our justice system. President Obama should not fail his intentions to restore America by allowing for "due process light."
Increasingly press reports indicate the Obama administration is not only planning to revive the failed military commissions system to try detainees, but will also continue the Bush administration’s policies of holding detainees indefinitely without charge. These disappointing actions on the part of the Obama administration serve as a reminder that no matter which party controls the White House or Congress we must remain ever-vigilant and engaged in our fight to protect freedom and justice.
This is why the ACLU and scores of coalition partners are mobilizing activists to demand that America returns to the rule of law and holds those who authorized torture accountable.
You can do this today by calling your member of Congress and letting your legislators know that it’s time…
…to close Guantanamo
…end the military commissions permanently
…reject indefinite detention
…demand accountability
Our Call Alert allows you to look up and call your members of Congress and helps us to track the outcome of the call. It also allows you to tell you friends about the alert to help generate even more calls. To participate, visit our action website today. Tell your legislators to:
# Close Guantanamo. The president has announced his intention to close the prison by January 2010. Congress should work with the President to ensure the prison is closed and the individuals held there are charged and prosecuted or repatriated.
# End military commissions permanently. These kangaroo courts didn’t work under the Bush administration and cosmetic changes in the Obama administration won’t work either. The system is fatally flawed. Federal courts can provide a true measure of justice, while respecting the rule of law and upholding American values.
# Reject indefinite detention. As Americans, we hold ourselves to a higher standard. Our Constitution and core values demand that we prosecute crime where evidence exists and release individuals where evidence of wrongdoing is lacking or non-existent mere suspicion is not enough to deny anyone due process. We must hold true to our values and reject any attempt to give any president the ability to detain people indefinitely without charge.
# Support the appointment of an independent prosecutor. As more and more evidence comes to light about the treatment and interrogation of detainees, the evidence demands a thorough investigation of the abuse, the architects of that abuse and prosecution of any crimes that were committed. Just as important, the American people deserve a full and fair accounting of what took place to ensure torture never happens in our name again.
For more information on how the ACLU is working to keep America Safe and Free, visit our national website.
There are lots of details on Obama's consideration of renewing policies of indefinite detention in this ProPublica/Washington Post article.
They especially need a reminder that we have not forgotten about why military commissions compromise fairness in our justice system. President Obama should not fail his intentions to restore America by allowing for "due process light."
Increasingly press reports indicate the Obama administration is not only planning to revive the failed military commissions system to try detainees, but will also continue the Bush administration’s policies of holding detainees indefinitely without charge. These disappointing actions on the part of the Obama administration serve as a reminder that no matter which party controls the White House or Congress we must remain ever-vigilant and engaged in our fight to protect freedom and justice.
This is why the ACLU and scores of coalition partners are mobilizing activists to demand that America returns to the rule of law and holds those who authorized torture accountable.
You can do this today by calling your member of Congress and letting your legislators know that it’s time…
…to close Guantanamo
…end the military commissions permanently
…reject indefinite detention
…demand accountability
Our Call Alert allows you to look up and call your members of Congress and helps us to track the outcome of the call. It also allows you to tell you friends about the alert to help generate even more calls. To participate, visit our action website today. Tell your legislators to:
# Close Guantanamo. The president has announced his intention to close the prison by January 2010. Congress should work with the President to ensure the prison is closed and the individuals held there are charged and prosecuted or repatriated.
# End military commissions permanently. These kangaroo courts didn’t work under the Bush administration and cosmetic changes in the Obama administration won’t work either. The system is fatally flawed. Federal courts can provide a true measure of justice, while respecting the rule of law and upholding American values.
# Reject indefinite detention. As Americans, we hold ourselves to a higher standard. Our Constitution and core values demand that we prosecute crime where evidence exists and release individuals where evidence of wrongdoing is lacking or non-existent mere suspicion is not enough to deny anyone due process. We must hold true to our values and reject any attempt to give any president the ability to detain people indefinitely without charge.
# Support the appointment of an independent prosecutor. As more and more evidence comes to light about the treatment and interrogation of detainees, the evidence demands a thorough investigation of the abuse, the architects of that abuse and prosecution of any crimes that were committed. Just as important, the American people deserve a full and fair accounting of what took place to ensure torture never happens in our name again.
For more information on how the ACLU is working to keep America Safe and Free, visit our national website.
Wednesday, May 20, 2009
Why photos? ACLU of Wisconsin Director answers questions on WPR
Did anyone catch ACLU of Wisconsin Executive Director Chris Ahmuty Joy Cardin's Wisconsin Public Radio show on Monday morning? You can still listen through their archives.
Ahmuty answered questions about why the ACLU is demanding that torture photos be released. Listen to the show to find out:
Why is the ACLU demanding photos? It's not that we want to see photos: we want to see justice and an end to torture. Photos and memos and orders are all evidence of illegal behavior on behalf of the Bush administration. Gathering evidence is the only way to get transparency and ultimately accountability. Attorney General Holder should appoint a special prosecutor to gather evidence and make the case. You can email Holder and tell him yourself.
Why is the ACLU defending detainees? How we treat enemy combatants, how we treat even the “worst of the worst” in our criminal justice system, reflects on our entire justice system. The justice system in our country and internationally has rules. The rules are needed for credibility. We can’t break the rules by not recognizing the same rights for everyone. You can learn more about the John Adams Project on the ACLU website.
Ahmuty answered questions about why the ACLU is demanding that torture photos be released. Listen to the show to find out:
Why is the ACLU demanding photos? It's not that we want to see photos: we want to see justice and an end to torture. Photos and memos and orders are all evidence of illegal behavior on behalf of the Bush administration. Gathering evidence is the only way to get transparency and ultimately accountability. Attorney General Holder should appoint a special prosecutor to gather evidence and make the case. You can email Holder and tell him yourself.
Why is the ACLU defending detainees? How we treat enemy combatants, how we treat even the “worst of the worst” in our criminal justice system, reflects on our entire justice system. The justice system in our country and internationally has rules. The rules are needed for credibility. We can’t break the rules by not recognizing the same rights for everyone. You can learn more about the John Adams Project on the ACLU website.
Thursday, May 14, 2009
A memo to the President about accountability and transparency
The ACLU issued an action alert yesterday evening to ask Americans to demand that President Obama honor the Freedom of Information Act request to release photographic documentation of prisoner abuse and torture. Obama had promised to release those photos, but has now changed his position and sent the issue back to the courts.
Accountability cannot be achieved without transparency. Please email the President and ask to move this issue forward.
Here is what I would want my President to hear:
President Obama:
"Voters do not forget the promises you made on the campaign trail. On the first day in office, you signed an executive order that demanded a greater accountability and transparency in government. It echoed what former Attorney General Janet Reno said about why FOIA requests were important: "In the face of doubt, openness prevails."
"The release of the torture memos was an important first step in living up to the commitment to transparency. Everyone knew about the Bush administration's violation of human rights via the memos' legal justifications for the CIA's torture program.
"The Freedom of Information Act requests to release these photos are essential to ensuring that these atrocities are not repeated. Furthermore, saying that the photos will bring our troops overseas into harm's way is not what the public wants to hear. We know our troops are already in harm's way. A photograph isn't the problem. Torture is the problem. Not holding those who wrote the torture policies or who issued the commands for torture accountable is the problem. Americans voted you into office to stop torture and end the wars in Iraq and Afghanistan.
"President Obama: release the photos, bring the troops home and hold decision makers in the Bush administration accountable for their human rights violations and abuses of power." - Stacy Harbaugh, Madison WI
Accountability cannot be achieved without transparency. Please email the President and ask to move this issue forward.
Here is what I would want my President to hear:
President Obama:
"Voters do not forget the promises you made on the campaign trail. On the first day in office, you signed an executive order that demanded a greater accountability and transparency in government. It echoed what former Attorney General Janet Reno said about why FOIA requests were important: "In the face of doubt, openness prevails."
"The release of the torture memos was an important first step in living up to the commitment to transparency. Everyone knew about the Bush administration's violation of human rights via the memos' legal justifications for the CIA's torture program.
"The Freedom of Information Act requests to release these photos are essential to ensuring that these atrocities are not repeated. Furthermore, saying that the photos will bring our troops overseas into harm's way is not what the public wants to hear. We know our troops are already in harm's way. A photograph isn't the problem. Torture is the problem. Not holding those who wrote the torture policies or who issued the commands for torture accountable is the problem. Americans voted you into office to stop torture and end the wars in Iraq and Afghanistan.
"President Obama: release the photos, bring the troops home and hold decision makers in the Bush administration accountable for their human rights violations and abuses of power." - Stacy Harbaugh, Madison WI
Wednesday, February 11, 2009
Take Action: New boss same as the old boss when it comes to the "state secrets" excuse?
This week, ACLU lawyers encountered a recurring -- and troubling -- obstacle in our lawsuit seeking justice for torture victims caught up in the CIA’s extraordinary rendition program. But this time, the objections were not coming from the Bush administration.
To our surprise and disappointment, the new Justice Department urged a federal appeals court to dismiss our lawsuit charging a Boeing subsidiary with providing critical support for the CIA’s rendition program based on the same “state secrets” claim that the Bush administration had repeatedly invoked to avoid any judicial scrutiny of its actions. During the course of the argument, one judge asked twice if the change in administration had any bearing on the Justice Department’s position. The attorney for the government said that its position remained the same.
This isn’t the kind of change we need if we want an America we can be proud of again.
If the judges rule in the government’s favor, our clients -- who were tortured as part of the government’s rendition program -- will never get their day in court.
We’re still hoping the court will rule in our favor and allow our case to move forward. But, in the meantime, we must do everything we can to end the abuse of the “state secrets” doctrine both in the courts and on Capitol Hill.
Senators Kennedy, Leahy, Specter and Representative Nadler (as well as Rep. Petri from Wisconsin) introduced legislation in 2008 to narrow the scope of the state secrets privilege -- and open the courthouse doors to people who have suffered real and legitimate harm by the government. Clearly, this legislation is needed now more than ever.
Send a message to these members of Congress to let them know you support the State Secrets Protection Act.
This crucial civil liberties bill recognizes the need to take precautions when it comes to national security. But, it also acknowledges that courts have been competently managing the balance between the security of classified information and the right to a fair trial in criminal cases for years. And, most important of all, it makes it much more difficult for the government to abuse the state secrets doctrine to escape accountability for illegal behavior.
We can’t allow any administration to invoke state secrets to hide a reprehensible history of torture, rendition and the most grievous human rights violations.
Send a message to support the State Secrets Protection Act today.
Yesterday, the Obama administration had an opportunity to act on its condemnation of torture and rendition. But, instead, the Justice Department opted to stay the course.
Now, we must hope that the court will assert its independence, reject the government’s false claims of state secrets, and allow victims of torture and rendition their day in court.
Thanks for standing with us as we work to pursue justice on this critical civil liberties issue.
Sincerely,
Anthony D. Romero
Executive Director
ACLU
P.S. The ACLU has been working on this case for years. To learn more about rendition and the people impacted, watch our short video.
To our surprise and disappointment, the new Justice Department urged a federal appeals court to dismiss our lawsuit charging a Boeing subsidiary with providing critical support for the CIA’s rendition program based on the same “state secrets” claim that the Bush administration had repeatedly invoked to avoid any judicial scrutiny of its actions. During the course of the argument, one judge asked twice if the change in administration had any bearing on the Justice Department’s position. The attorney for the government said that its position remained the same.
This isn’t the kind of change we need if we want an America we can be proud of again.
If the judges rule in the government’s favor, our clients -- who were tortured as part of the government’s rendition program -- will never get their day in court.
We’re still hoping the court will rule in our favor and allow our case to move forward. But, in the meantime, we must do everything we can to end the abuse of the “state secrets” doctrine both in the courts and on Capitol Hill.
Senators Kennedy, Leahy, Specter and Representative Nadler (as well as Rep. Petri from Wisconsin) introduced legislation in 2008 to narrow the scope of the state secrets privilege -- and open the courthouse doors to people who have suffered real and legitimate harm by the government. Clearly, this legislation is needed now more than ever.
Send a message to these members of Congress to let them know you support the State Secrets Protection Act.
This crucial civil liberties bill recognizes the need to take precautions when it comes to national security. But, it also acknowledges that courts have been competently managing the balance between the security of classified information and the right to a fair trial in criminal cases for years. And, most important of all, it makes it much more difficult for the government to abuse the state secrets doctrine to escape accountability for illegal behavior.
We can’t allow any administration to invoke state secrets to hide a reprehensible history of torture, rendition and the most grievous human rights violations.
Send a message to support the State Secrets Protection Act today.
Yesterday, the Obama administration had an opportunity to act on its condemnation of torture and rendition. But, instead, the Justice Department opted to stay the course.
Now, we must hope that the court will assert its independence, reject the government’s false claims of state secrets, and allow victims of torture and rendition their day in court.
Thanks for standing with us as we work to pursue justice on this critical civil liberties issue.
Sincerely,
Anthony D. Romero
Executive Director
ACLU
P.S. The ACLU has been working on this case for years. To learn more about rendition and the people impacted, watch our short video.
Friday, January 23, 2009
Take action: Thank President Obama for acting to Close Guantanamo and stop torture
This week has been a extraordinary time for civil liberties and our country. And we should all pat ourselves on the back for helping make this moment happen.
Just 48 hours into his presidency, Barack Obama took decisive action on civil liberties -- issuing four executive orders that set a new path towards an America we can be proud of.
All those petitions ACLU members signed, actions members and activists have taken and contributions they have made are paying off in dramatic fashion. Because -- make no mistake -- President Obama’s decisive acts of leadership wouldn’t be possible without ACLU supporters laying the groundwork.
We refused to listen to those who said the ACLU was being idealistic, unrealistic and even crazy to expect a new President to act this quickly. And by acting on our convictions, we have helped make this a remarkable day for the Constitution and the rule of law.
Anyone can take a moment to thank President Obama for acting so quickly -- and urge him to keep moving forward.
With four executive orders yesterday, our new President:
- Ordered Guantánamo Bay shut down
- Banned torture
- Ordered a full review of U.S. detention policies and procedures, and
- Delayed the trial of Ali al-Marri, an ACLU client whose case is at the center of the Supreme Court’s review of indefinite detention policies.
We’re seeing -- right before our eyes -- what it means to have a President who respects the Constitution and honors the rule of law. Please sign our “Thank You for Acting” message to President Obama -- not simply because he has earned our gratitude, but because he will need our ongoing support if we want him to follow through on crucial civil liberties and human rights priorities.
This isn’t just about sending a message of thanks to Obama. It’s about sending a message to anyone who dares to stand in our way as we act to restore the Constitution and reclaim America’s reputation.
In the last 24 hours, more than 30,000 ACLU supporters have already signed our “Thank You for Acting” message to the President. Count yourself among them. Please act right now.
Sincerely,
Anthony D. Romero
Executive Director
ACLU
Just 48 hours into his presidency, Barack Obama took decisive action on civil liberties -- issuing four executive orders that set a new path towards an America we can be proud of.
All those petitions ACLU members signed, actions members and activists have taken and contributions they have made are paying off in dramatic fashion. Because -- make no mistake -- President Obama’s decisive acts of leadership wouldn’t be possible without ACLU supporters laying the groundwork.
We refused to listen to those who said the ACLU was being idealistic, unrealistic and even crazy to expect a new President to act this quickly. And by acting on our convictions, we have helped make this a remarkable day for the Constitution and the rule of law.
Anyone can take a moment to thank President Obama for acting so quickly -- and urge him to keep moving forward.
With four executive orders yesterday, our new President:
- Ordered Guantánamo Bay shut down
- Banned torture
- Ordered a full review of U.S. detention policies and procedures, and
- Delayed the trial of Ali al-Marri, an ACLU client whose case is at the center of the Supreme Court’s review of indefinite detention policies.
We’re seeing -- right before our eyes -- what it means to have a President who respects the Constitution and honors the rule of law. Please sign our “Thank You for Acting” message to President Obama -- not simply because he has earned our gratitude, but because he will need our ongoing support if we want him to follow through on crucial civil liberties and human rights priorities.
This isn’t just about sending a message of thanks to Obama. It’s about sending a message to anyone who dares to stand in our way as we act to restore the Constitution and reclaim America’s reputation.
In the last 24 hours, more than 30,000 ACLU supporters have already signed our “Thank You for Acting” message to the President. Count yourself among them. Please act right now.
Sincerely,
Anthony D. Romero
Executive Director
ACLU
Sunday, January 18, 2009
Top ten to-do list for President Obama
Tuesday marks an officially new federal administration and the ACLU has a few ideas on how we can restore civil rights and liberties. We even have a top ten list.
A local radio station WORT's news reporter, Craig McComb, visited the ACLU of Wisconsin's statewide activist conference last year where he first heard about the ACLU's transition plan for the new administration. Craig then gathered responses from local and state activists to address the critical need for immediate action to restore the rule of law.
Each segment is around five minutes long. Listen in and then send your own letter to President Obama to ask him to close Guantanamo, end the abuses of federal power, and take our country back to basic, Constitutional rights.
A local radio station WORT's news reporter, Craig McComb, visited the ACLU of Wisconsin's statewide activist conference last year where he first heard about the ACLU's transition plan for the new administration. Craig then gathered responses from local and state activists to address the critical need for immediate action to restore the rule of law.
Each segment is around five minutes long. Listen in and then send your own letter to President Obama to ask him to close Guantanamo, end the abuses of federal power, and take our country back to basic, Constitutional rights.
Friday, December 12, 2008
ACLU at GITMO
The footage might be shaky, but the experience is equally raw. See ACLU Executive Director Anthony Romero as he films himself in Guantanamo Bay, Cuba. Anthony was at Gitmo for the military commission hearings of five detainees charged with 9/11-related crimes. The video has footage of “Camp Justice,” the multi-million dollar tent city built to house military commission observers, and the local grocery store.
“Please note that by playing this clip You Tube will place a long-term cookie on your computer. Please see You Tube’s privacy statement on their website to learn more. To view the ACLU’s privacy statement, click here.”
Thursday, July 24, 2008
Tell Congress to reject the Bush/Mukasey plan to subvert the Constitution
A word from the national ACLU...
Here they go again. On Monday, Bush’s Attorney General, Michael Mukasey, called on Congress to take dramatic steps to subvert the Constitution.
Mukasey is demanding that Congress issue a new declaration of war that would make the entire globe -- including the United States itself -- a “battlefield” where the president decides who will be locked up forever.
Instead of ending the Bush system of injustice, he wants Congress to make it permanent.
Tell Congress to reject the Bush/Mukasey plan to subvert the Constitution.
Not only has Bush’s Attorney General called on Congress to issue a new declaration of war, but he is also asking Congress to:
1. Gut habeas corpus -- the freedom that protects people from being thrown in prison illegally -- with no help, no end in sight and no due process.
2. Cover up the Bush administration’s systemic torture and abuse of detainees. Judges would not be allowed to see evidence of torture and abuse and would instead simply have to trust that a president is holding the right people as ”enemy combatants.”
With only five weeks left in the congressional schedule and only six months left in the Bush presidency, Mukasey’s power grab should be laughed out of town. But, given this Congress’ track record, the Mukasey proposal is no laughing matter.
Too many times, we’ve seen Congress cave in to the most outrageous Bush demands for out-of-control powers: The Patriot Act. National Security Letters. The Military Commissions Act. The Protect America Act. And, most recently, the congressional sell-out on FISA.
Four times the Supreme Court has rejected the Bush administration’s efforts to design a war on terror system of injustice that defies the Constitution and mocks the rule of law. In the past, the administration has responded, not by respecting the Constitution, but by counting on Congress to legitimize its indefensible conduct.
There is no way we can let that happen this time. Even as the House Judiciary Committee investigates whether high-level Bush White House officials may have committed crimes of torture and abuse, the Bush administration has the arrogance to ask Congress to give it the power to detain people without trial and hide torture and abuse from the courts.
We can’t take for granted that Congress will reject the Bush/Mukasey plan. We have to meet this outrageous proposal with an immediate wall of protest that says to Congress: “Don’t you dare.”
I urge you to join defenders of freedom all across the country in raising your voice against Attorney General Mukasey’s dangerous proposal.
Thanks for speaking out,
Caroline Fredrickson, Director
ACLU Washington Legislative Office
P.S. You can read a blog post from Christopher Anders, ACLU Seinor Legislative Counsel, on the Bush/Mukasey plan to subvert the Constitution.
Here they go again. On Monday, Bush’s Attorney General, Michael Mukasey, called on Congress to take dramatic steps to subvert the Constitution.
Mukasey is demanding that Congress issue a new declaration of war that would make the entire globe -- including the United States itself -- a “battlefield” where the president decides who will be locked up forever.
Instead of ending the Bush system of injustice, he wants Congress to make it permanent.
Tell Congress to reject the Bush/Mukasey plan to subvert the Constitution.
Not only has Bush’s Attorney General called on Congress to issue a new declaration of war, but he is also asking Congress to:
1. Gut habeas corpus -- the freedom that protects people from being thrown in prison illegally -- with no help, no end in sight and no due process.
2. Cover up the Bush administration’s systemic torture and abuse of detainees. Judges would not be allowed to see evidence of torture and abuse and would instead simply have to trust that a president is holding the right people as ”enemy combatants.”
With only five weeks left in the congressional schedule and only six months left in the Bush presidency, Mukasey’s power grab should be laughed out of town. But, given this Congress’ track record, the Mukasey proposal is no laughing matter.
Too many times, we’ve seen Congress cave in to the most outrageous Bush demands for out-of-control powers: The Patriot Act. National Security Letters. The Military Commissions Act. The Protect America Act. And, most recently, the congressional sell-out on FISA.
Four times the Supreme Court has rejected the Bush administration’s efforts to design a war on terror system of injustice that defies the Constitution and mocks the rule of law. In the past, the administration has responded, not by respecting the Constitution, but by counting on Congress to legitimize its indefensible conduct.
There is no way we can let that happen this time. Even as the House Judiciary Committee investigates whether high-level Bush White House officials may have committed crimes of torture and abuse, the Bush administration has the arrogance to ask Congress to give it the power to detain people without trial and hide torture and abuse from the courts.
We can’t take for granted that Congress will reject the Bush/Mukasey plan. We have to meet this outrageous proposal with an immediate wall of protest that says to Congress: “Don’t you dare.”
I urge you to join defenders of freedom all across the country in raising your voice against Attorney General Mukasey’s dangerous proposal.
Thanks for speaking out,
Caroline Fredrickson, Director
ACLU Washington Legislative Office
P.S. You can read a blog post from Christopher Anders, ACLU Seinor Legislative Counsel, on the Bush/Mukasey plan to subvert the Constitution.
Monday, April 28, 2008
National news - ACLU in the movies, more action on CIA torture, death penalty news and more.
April 26, 2008
ACLU Demands Immediate Release of Inspector General Report on FBI's Role in Illegal Interrogations
On the heels of President Bush directly admitting that the White House was deeply and intimately involved in decisions about the CIA’s use of torture, the ACLU filed a Freedom of Information Act (FOIA) request this week with the Departments of Justice and Defense for the release of a report on a long-running investigation of the FBI's role in the unlawful interrogations of detainees in Iraq, Afghanistan and Guantánamo Bay.
The Justice Department's Office of Inspector General (OIG) launched the investigation after internal government documents - uncovered by an ACLU lawsuit - revealed that FBI agents stationed at Guantánamo Bay expressed concern after witnessing military interrogators' use of brutal interrogation techniques.
According to recent media reports, the OIG investigation has been completed for months. The Defense Department, however, has blocked the OIG from releasing it, claiming that the report still needs to be reviewed and redacted by the Pentagon.
The OIG investigation was initiated in 2005 after the ACLU obtained documents in which FBI agents described interrogations that they had witnessed at Guantánamo Bay.
While the documents were most notable for their description of illegal interrogation methods used by military interrogators, they also raised serious questions about the FBI's participation in abusive interrogations, the actions of FBI personnel who witnessed abusive interrogations, and the response of FBI officials to reports of abuse.
The OIG report and all documents related to this investigation is part of a broader ACLU effort to uncover information about the Bush administration's torture policies. To date, more than 100,000 pages of government documents have been released in response to the ACLU's FOIA lawsuit enforcing the request - including the Bush administration's 2003 "torture memo" written by John Yoo when he was a deputy at the DOJ's Office of Legal Counsel.
>> Read the documents received in the ACLU's FOIA litigation.
Documents Obtained By ACLU Describe Charges of Murder and Torture of Prisoners in Afghanistan
>> Say 'no' to torture. Take Action.
Recently released documents from the Department of Defense confirm the military’s use of unlawful interrogation methods on detainees held in U.S. custody in Afghanistan. The documents from the military’s Criminal Investigation Division (CID), obtained as a result of the ACLU’s Freedom of Information Act (FOIA) lawsuit, include the first on-the-ground reports of torture in Gardez, Afghanistan to be publicly released.
“These documents make it clear that the military was using unlawful interrogation techniques in Afghanistan,” said Amrit Singh, an attorney with the ACLU. “They raise serious questions about the adequacy of the military’s investigations into prisoner abuse.”
The documents reveal charges that Special Forces beat, burned, and doused eight prisoners with cold water before sending them into freezing weather conditions. One of the eight prisoners, Jamal Naseer, died in U.S. custody in March 2003.
In late 2004, the military opened a criminal investigation into charges of torture at Gardez. Despite numerous witness statements describing the evidence of torture, the military’s investigation concluded that the charges were unsupported. It also concluded that Naseer’s death was the result of a “stomach ailment,” even though no autopsy had been conducted in his case. Documents uncovered today also refer to sodomy committed by prison guards; the victims’ identities are redacted.
>> Learn more and read the documents online.
Supreme Court Upholds Lethal Injection in Kentucky
The ACLU is profoundly disappointed with last week’s 7-2 decision by the U.S. Supreme Court upholding the controversial three drug lethal injection method of capital punishment used in Kentucky and other states. The ACLU filed a friend-of-the-court brief in the case, Baze v. Rees, an appeal by two men on Kentucky's death row.
The Eighth Amendment's ban on cruel and unusual punishment has long prohibited the imposition of gratuitous pain. The most commonly used method of lethal injection violates that prohibition by using a sequence of drugs that creates an unnecessary risk of excruciating pain, and, for that reason, is prohibited by most veterinary guidelines. In its amicus brief, the ACLU points out that this unconstitutional practice has been facilitated by the secrecy surrounding the development and implementation of lethal injection protocols in most states.
"The decision by the U.S. Supreme Court in no way addresses the most fundamental question surrounding the death penalty: should we retain a punishment that is fraught with error and infected with racial, class and geographic discrimination, and which is irrevocable, cost-prohibitive and extremely harmful to the survivors of homicide victims?” said John Holdridge, Director of the ACLU Capital Punishment Project. “The answer remains no."
>> Learn more on the work of the Capital Punishment Project.
Take Action: Ensure Due Process for the Incarcerated
This week marks the 12th anniversary of a law very few have ever heard of, but one that has left a powerful impact on the lives of one of the United States’ most marginalized and vulnerable populations: the 2.3 million individuals serving time in prison.
The Prison Litigation Reform Act (PLRA) was originally enacted to stem the tide of “frivolous” prisoner lawsuits that advocates of the legislation felt were needlessly flooding our federal courts. In reality, the PLRA has effectively closed the courthouse doors on prisoners seeking a fair hearing on violations of their religious, due process, free speech, and other fundamental constitutional rights, as well as cases of serious physical and sexual abuse.
The need for Congress to remedy the unintended consequences of PLRA is especially critical as our nation’s prison system reaches a state of crisis. Just this week, the New York Times reported that although the United States has less than 5% of the world’s population, we have almost a quarter of its prisoners.In fact, 1 in every 100 American adults are behind bars and, as state budgets continue to shrink, conditions of confinement get worse every day. In California’s prisons, for example, a prisoner dies every 6 or 7 days as a result of inadequate medical care.
As time goes on and serious rights abuses mount and go unheard, the need to fix the PLRA becomes even more urgent. Congress held a hearing this week on the Prison Abuse Remedies Act (H.R. 4109). This important bill would bring some much needed and long overdue reform to the PLRA.
>> Take Action: Please email your members of Congress today and urge them to restore the rule of law to our nation’s prisons.
The ACLU at the Movies
In The Visitor, an American college professor and a young immigrant couple grapple with the treatment of immigrants and the legal process post-9/11.
Participant Media, one of the companies behind the film, has organized a social action campaign focusing on the film’s underlying themes of illegal detention, treatment of immigrants and the legal challenges immigrants face. The ACLU has supported the campaign by leading discussions at special screenings across the country.
>> Learn more about the movie.
>> Learn more about the ACLU’s work on immigrant rights.
The ACLU has also allied with Participant Media in their social action campaign around Standard Operating Procedure, a new documentary from award-winning filmmaker Errol Morris. The film is based on the notorious Abu Ghraib photographs and how they exposed rampant abuse of Iraqi prisoners by American guards. The film opens on Friday, April 25th in NY and will expand to more cities in the coming weeks.
>> Listen to ACLU attorney Jameel Jaffer’s discussion with Errol Morris.
>> Learn more about the ACLU’s work to stop torture.
ACLU Demands Immediate Release of Inspector General Report on FBI's Role in Illegal Interrogations
On the heels of President Bush directly admitting that the White House was deeply and intimately involved in decisions about the CIA’s use of torture, the ACLU filed a Freedom of Information Act (FOIA) request this week with the Departments of Justice and Defense for the release of a report on a long-running investigation of the FBI's role in the unlawful interrogations of detainees in Iraq, Afghanistan and Guantánamo Bay.
The Justice Department's Office of Inspector General (OIG) launched the investigation after internal government documents - uncovered by an ACLU lawsuit - revealed that FBI agents stationed at Guantánamo Bay expressed concern after witnessing military interrogators' use of brutal interrogation techniques.
According to recent media reports, the OIG investigation has been completed for months. The Defense Department, however, has blocked the OIG from releasing it, claiming that the report still needs to be reviewed and redacted by the Pentagon.
The OIG investigation was initiated in 2005 after the ACLU obtained documents in which FBI agents described interrogations that they had witnessed at Guantánamo Bay.
While the documents were most notable for their description of illegal interrogation methods used by military interrogators, they also raised serious questions about the FBI's participation in abusive interrogations, the actions of FBI personnel who witnessed abusive interrogations, and the response of FBI officials to reports of abuse.
The OIG report and all documents related to this investigation is part of a broader ACLU effort to uncover information about the Bush administration's torture policies. To date, more than 100,000 pages of government documents have been released in response to the ACLU's FOIA lawsuit enforcing the request - including the Bush administration's 2003 "torture memo" written by John Yoo when he was a deputy at the DOJ's Office of Legal Counsel.
>> Read the documents received in the ACLU's FOIA litigation.
Documents Obtained By ACLU Describe Charges of Murder and Torture of Prisoners in Afghanistan
>> Say 'no' to torture. Take Action.
Recently released documents from the Department of Defense confirm the military’s use of unlawful interrogation methods on detainees held in U.S. custody in Afghanistan. The documents from the military’s Criminal Investigation Division (CID), obtained as a result of the ACLU’s Freedom of Information Act (FOIA) lawsuit, include the first on-the-ground reports of torture in Gardez, Afghanistan to be publicly released.
“These documents make it clear that the military was using unlawful interrogation techniques in Afghanistan,” said Amrit Singh, an attorney with the ACLU. “They raise serious questions about the adequacy of the military’s investigations into prisoner abuse.”
The documents reveal charges that Special Forces beat, burned, and doused eight prisoners with cold water before sending them into freezing weather conditions. One of the eight prisoners, Jamal Naseer, died in U.S. custody in March 2003.
In late 2004, the military opened a criminal investigation into charges of torture at Gardez. Despite numerous witness statements describing the evidence of torture, the military’s investigation concluded that the charges were unsupported. It also concluded that Naseer’s death was the result of a “stomach ailment,” even though no autopsy had been conducted in his case. Documents uncovered today also refer to sodomy committed by prison guards; the victims’ identities are redacted.
>> Learn more and read the documents online.
Supreme Court Upholds Lethal Injection in Kentucky
The ACLU is profoundly disappointed with last week’s 7-2 decision by the U.S. Supreme Court upholding the controversial three drug lethal injection method of capital punishment used in Kentucky and other states. The ACLU filed a friend-of-the-court brief in the case, Baze v. Rees, an appeal by two men on Kentucky's death row.
The Eighth Amendment's ban on cruel and unusual punishment has long prohibited the imposition of gratuitous pain. The most commonly used method of lethal injection violates that prohibition by using a sequence of drugs that creates an unnecessary risk of excruciating pain, and, for that reason, is prohibited by most veterinary guidelines. In its amicus brief, the ACLU points out that this unconstitutional practice has been facilitated by the secrecy surrounding the development and implementation of lethal injection protocols in most states.
"The decision by the U.S. Supreme Court in no way addresses the most fundamental question surrounding the death penalty: should we retain a punishment that is fraught with error and infected with racial, class and geographic discrimination, and which is irrevocable, cost-prohibitive and extremely harmful to the survivors of homicide victims?” said John Holdridge, Director of the ACLU Capital Punishment Project. “The answer remains no."
>> Learn more on the work of the Capital Punishment Project.
Take Action: Ensure Due Process for the Incarcerated
This week marks the 12th anniversary of a law very few have ever heard of, but one that has left a powerful impact on the lives of one of the United States’ most marginalized and vulnerable populations: the 2.3 million individuals serving time in prison.
The Prison Litigation Reform Act (PLRA) was originally enacted to stem the tide of “frivolous” prisoner lawsuits that advocates of the legislation felt were needlessly flooding our federal courts. In reality, the PLRA has effectively closed the courthouse doors on prisoners seeking a fair hearing on violations of their religious, due process, free speech, and other fundamental constitutional rights, as well as cases of serious physical and sexual abuse.
The need for Congress to remedy the unintended consequences of PLRA is especially critical as our nation’s prison system reaches a state of crisis. Just this week, the New York Times reported that although the United States has less than 5% of the world’s population, we have almost a quarter of its prisoners.In fact, 1 in every 100 American adults are behind bars and, as state budgets continue to shrink, conditions of confinement get worse every day. In California’s prisons, for example, a prisoner dies every 6 or 7 days as a result of inadequate medical care.
As time goes on and serious rights abuses mount and go unheard, the need to fix the PLRA becomes even more urgent. Congress held a hearing this week on the Prison Abuse Remedies Act (H.R. 4109). This important bill would bring some much needed and long overdue reform to the PLRA.
>> Take Action: Please email your members of Congress today and urge them to restore the rule of law to our nation’s prisons.
The ACLU at the Movies
In The Visitor, an American college professor and a young immigrant couple grapple with the treatment of immigrants and the legal process post-9/11.
Participant Media, one of the companies behind the film, has organized a social action campaign focusing on the film’s underlying themes of illegal detention, treatment of immigrants and the legal challenges immigrants face. The ACLU has supported the campaign by leading discussions at special screenings across the country.
>> Learn more about the movie.
>> Learn more about the ACLU’s work on immigrant rights.
The ACLU has also allied with Participant Media in their social action campaign around Standard Operating Procedure, a new documentary from award-winning filmmaker Errol Morris. The film is based on the notorious Abu Ghraib photographs and how they exposed rampant abuse of Iraqi prisoners by American guards. The film opens on Friday, April 25th in NY and will expand to more cities in the coming weeks.
>> Listen to ACLU attorney Jameel Jaffer’s discussion with Errol Morris.
>> Learn more about the ACLU’s work to stop torture.
Thursday, April 24, 2008
Harold and Kumar ACLU Shout-Out!
Planning on seeing the new film, Harold and Kumar 2: Escape from Guantanamo Bay? The movie has a comedic take on an issue that the ACLU is very concerned about. There is even a shout-out to the ACLU's work on racial profiling:
The ACLU has been working hard to raise awareness about post-9/11 abuses of power, including how the Bush administration has gutted Habeas Corpus, sponsored torture and detained hundreds of people at Guantanamo Bay without trial. Find out more about these issues at the ACLU Close Guantanamo website.
The Village Voice also ran a good article about recent films that feature Iraq War themes, including the H&K teen raunch romp.
The ACLU recognizes that when civil liberties are addressed on screen, so too, are they addressed over dinner, at school, or on the phone with friends. We believe that democracy is best served when individuals engage each other in dialogue and debate. While “Harold & Kumar” seeks primarily to entertain the public, the ACLU aims to educate the public. If the film facilitates discussions amongst young audiences about racial profiling, torture and detention, then we view it as an asset to our work and to the greater public discourse about some of our most fundamental freedoms.
Take action to close Guantanamo today!
The ACLU has been working hard to raise awareness about post-9/11 abuses of power, including how the Bush administration has gutted Habeas Corpus, sponsored torture and detained hundreds of people at Guantanamo Bay without trial. Find out more about these issues at the ACLU Close Guantanamo website.
The Village Voice also ran a good article about recent films that feature Iraq War themes, including the H&K teen raunch romp.
The ACLU recognizes that when civil liberties are addressed on screen, so too, are they addressed over dinner, at school, or on the phone with friends. We believe that democracy is best served when individuals engage each other in dialogue and debate. While “Harold & Kumar” seeks primarily to entertain the public, the ACLU aims to educate the public. If the film facilitates discussions amongst young audiences about racial profiling, torture and detention, then we view it as an asset to our work and to the greater public discourse about some of our most fundamental freedoms.
Take action to close Guantanamo today!
Tuesday, April 15, 2008
National news - Bush Approved CIA's Torture, Military Oversteps Spying Powers, and More
April 15, 2008
Standing Up for Justice In the Military Commissions Proceedings
No doubt we've been at a critical juncture since September 11. How we respond to the atrocities thrust upon us after that terrible day says everything about who we are as Americans what values we defend, how the world sees us, and how history will remember us.
The manner in which we seek justice against those accused of harming us will determine whether the United States will be seen at home and abroad as a nation of laws. We must decide whether we live the values of justice that make us proud to be Americans, or whether we will forsake those values and continue down a path of arbitrary rules and procedures more befitting those who are our enemies. Because we are a great nation, true to our founders’ vision, we must uphold our core values even in the toughest of times. The right to a speedy trial in a court of law before an objective arbiter; the right to due process; the right to rebut the evidence against you; the right not to be tortured or waterboarded, or convicted on the basis of hearsay evidence are what truly define America and our commitment to the rule of law and our founders' aspirations.
The military commissions set up by the Bush administration for the men imprisoned at Guantánamo Bay including those it suspects were involved in the September 11 attacks are not true American justice. These trials should represent who we are, what America stands for, and our commitment to due process. America does not stand for trials that rely on torture to gain confessions, or on secret evidence that a defendant cannot rebut, or on hearsay evidence.
For these reasons, the American Civil Liberties Union and the National Association of Criminal Defense Lawyers have taken on the task of assembling defense teams to be available to assist in the representation of those Guantánamo detainees who have been charged under the Military Commissions Act, subject to the detainees’ consent.
>>Read Anthony's full statement.
>>Learn more about the project.
>>Read the press release.
Bush Admits to Top-Down Torture
In a stunning admission to ABC news Friday night, President Bush declared that he knew his top national security advisers discussed and approved specific details of the CIA's use of torture. Bush reportedly told ABC, "I'm aware our national security team met on this issue. And I approved." Bush also defended the use of waterboarding.
The ACLU is calling on Congress to demand an independent prosecutor to investigate possible violations by the Bush administration of laws including the War Crimes Act, the federal Anti-Torture Act, and federal assault laws.
>>Take Action: Demand that your members of Congress reject torture by holding to account those responsible for approving and implementing these un-American policies.
>>Read more about Bush's admission.
ACLU FOIA Lawsuit Brings Yoo Torture Memo to Light
A secret memo, declassified recently as the result of an ACLU Freedom of Information Act request, asserts President Bush has unlimited power to order brutal interrogations of detainees and also refers to a radical interpretation of the Constitution's Fourth Amendment protection from unreasonable search and seizure.
The memo, authored by John Yoo of the Department of Justice's Office of Legal Counsel (OLC) in March 2003, cites a still-secret DOJ memo from 2001 that found that the "Fourth Amendment had no application to domestic military operations."
The October 2001 memo was almost certainly meant to provide a legal basis for the National Security Agency's warrantless wiretapping program, which President Bush launched the same month the memo was issued. As a component of the Department of Defense, the NSA is a military agency.
"The recent disclosures underscore the Bush administration's extraordinarily sweeping conception of executive power," said Jameel Jaffer, Director of the ACLU's National Security Project. "The administration's lawyers believe the president should be permitted to violate statutory law, to violate international treaties, and even to violate the Fourth Amendment inside the U.S. They believe that the president should be above the law."
The Bush administration has never argued publicly that the Fourth Amendment does not apply to military operations within the nation's borders. The released memo publicizes this argument for the first time.
The 2003 memo cites the October 2001 memo but takes its argument even further. Relying on the earlier memo, the March 2003 memo argues that the president has authority as Commander-in-Chief to bypass not only the Fourth Amendment but the central due process guarantee of the Fifth Amendment as well.
>>Learn more about the released memo.
Unredacted Documents Confirm Lack of Oversight of Military's Domestic Surveillance Powers
Newly unredacted documents, released as a result of an ACLU lawsuit, reveal that the Department of Defense (DoD) is using the FBI to circumvent legal limits on its own National Security Letter (NSL) power and may have overstepped its authority to obtain private and sensitive records of people within the United States without court approval.
>>Read the memo.
NSLs are secretly issued by the government to obtain access to personal customer records from Internet Service Providers, financial institutions, and credit reporting agencies. In almost all cases, recipients of the NSLs are forbidden, or "gagged," from disclosing that they have received the letters. While the FBI has broad NSL powers and compliance with FBI-issued NSLs is mandatory, the Defense Department's NSL power is more limited in scope, and, in most cases, compliance with Defense Department demands is not mandatory.
"If the Defense Department is asking the FBI to get information it is not allowed to access on its own, there is a serious problem within both agencies,” said Melissa Goodman, staff attorney with the ACLU National Security Project.
A newly unredacted copy of the results and recommendations of an internal program review shows that the Navy's use of NSLs to demand domestic records has increased significantly since September 11; and contrary to prior claims by the military, its NSL use is not limited to investigating only DoD employees.
Since last year, DoD has turned over more than 1,000 pages of documents to the ACLU, including nearly 500 NSLs which show that the military may have overstepped its legal authority to obtain financial and credit records, provided misleading information to Congress, and silenced NSL recipients from speaking out about the records requests.
>>Learn more about the NSL abuses.
Don't Let Employers Get Away With Pay Discrimination
Last May, the Supreme Court ruled in Ledbetter v. Goodyear that employees who have suffered years of pay discrimination cannot have their day in court if they don’t discover the discrimination within 180 days of their employer’s initial discriminatory pay decision.
The Ledbetter decision not only reversed years of employment law, it also ignored the realities of a workplace. Often employees don’t know what their co-workers are paid. Further, expecting that they learn that information within the first 180 days of a pay decision is unreasonable. Unless Congress intervenes, companies will be able to discriminate for years and unjustly profit from paying women, minorities, the elderly, and people with disabilities, as long as it keeps the discrimination secret for a few months.
The U.S. House of Representatives has passed legislation to correct this problem, and to ensure employers do not profit from years of discrimination based on race, color, religion, sex, national origin, age, and disability, simply because their employees were unaware of the discrimination for 180 days. The bill clarified this wage discrimination is not a one-time occurrence, but rather, that each discriminatory paycheck an employer issues represents an ongoing violation of the law.
A similar bill, the Fair Pay Restoration Act (S.1843), is now before the U.S. Senate. The time has come for the Senate to correct this wrong and let American workers keep their hard-earned dollars.
>>Take Action: Urge your Senators to support the Fair Pay Restoration Act.
Stand Up for Freedom: June 8 -- 10 in Washington, D.C.
Everyday, the headlines confirm that the government’s abuses of power ignore fundamental Constitutional principles and undermine our vital system of checks and balances, weakening the hallmarks of American democracy. You cannot afford to miss this important opportunity to protect the civil liberties of all Americans.
Stand Up for Freedom and help us stop the abuse of power at the ACLU 2008 Membership Conference, June 8-10 in Washington, D.C.!
At the ACLU Membership Conference you’ll have the opportunity to hear from a variety of experts, from a wide range of backgrounds, each with an exciting and unique perspective on civil liberties. Confirmed speakers for the conference include: Arianna Huffington, the co-founder and editor-in-chief of The Huffington Post and nationally syndicated columnist; Judy Gold, an Emmy Award winning actress and comedian; and Supreme Court Justices Antonin Scalia, Ruth Bader Ginsburg and David H. Souter will pay tribute to the ACLU’s president, during a celebratory luncheon entitled, Our Lady Liberty: Celebrating Nadine Strossen.
>>Register or learn more about the conference.
Standing Up for Justice In the Military Commissions Proceedings
No doubt we've been at a critical juncture since September 11. How we respond to the atrocities thrust upon us after that terrible day says everything about who we are as Americans what values we defend, how the world sees us, and how history will remember us.
The manner in which we seek justice against those accused of harming us will determine whether the United States will be seen at home and abroad as a nation of laws. We must decide whether we live the values of justice that make us proud to be Americans, or whether we will forsake those values and continue down a path of arbitrary rules and procedures more befitting those who are our enemies. Because we are a great nation, true to our founders’ vision, we must uphold our core values even in the toughest of times. The right to a speedy trial in a court of law before an objective arbiter; the right to due process; the right to rebut the evidence against you; the right not to be tortured or waterboarded, or convicted on the basis of hearsay evidence are what truly define America and our commitment to the rule of law and our founders' aspirations.
The military commissions set up by the Bush administration for the men imprisoned at Guantánamo Bay including those it suspects were involved in the September 11 attacks are not true American justice. These trials should represent who we are, what America stands for, and our commitment to due process. America does not stand for trials that rely on torture to gain confessions, or on secret evidence that a defendant cannot rebut, or on hearsay evidence.
For these reasons, the American Civil Liberties Union and the National Association of Criminal Defense Lawyers have taken on the task of assembling defense teams to be available to assist in the representation of those Guantánamo detainees who have been charged under the Military Commissions Act, subject to the detainees’ consent.
>>Read Anthony's full statement.
>>Learn more about the project.
>>Read the press release.
Bush Admits to Top-Down Torture
In a stunning admission to ABC news Friday night, President Bush declared that he knew his top national security advisers discussed and approved specific details of the CIA's use of torture. Bush reportedly told ABC, "I'm aware our national security team met on this issue. And I approved." Bush also defended the use of waterboarding.
The ACLU is calling on Congress to demand an independent prosecutor to investigate possible violations by the Bush administration of laws including the War Crimes Act, the federal Anti-Torture Act, and federal assault laws.
>>Take Action: Demand that your members of Congress reject torture by holding to account those responsible for approving and implementing these un-American policies.
>>Read more about Bush's admission.
ACLU FOIA Lawsuit Brings Yoo Torture Memo to Light
A secret memo, declassified recently as the result of an ACLU Freedom of Information Act request, asserts President Bush has unlimited power to order brutal interrogations of detainees and also refers to a radical interpretation of the Constitution's Fourth Amendment protection from unreasonable search and seizure.
The memo, authored by John Yoo of the Department of Justice's Office of Legal Counsel (OLC) in March 2003, cites a still-secret DOJ memo from 2001 that found that the "Fourth Amendment had no application to domestic military operations."
The October 2001 memo was almost certainly meant to provide a legal basis for the National Security Agency's warrantless wiretapping program, which President Bush launched the same month the memo was issued. As a component of the Department of Defense, the NSA is a military agency.
"The recent disclosures underscore the Bush administration's extraordinarily sweeping conception of executive power," said Jameel Jaffer, Director of the ACLU's National Security Project. "The administration's lawyers believe the president should be permitted to violate statutory law, to violate international treaties, and even to violate the Fourth Amendment inside the U.S. They believe that the president should be above the law."
The Bush administration has never argued publicly that the Fourth Amendment does not apply to military operations within the nation's borders. The released memo publicizes this argument for the first time.
The 2003 memo cites the October 2001 memo but takes its argument even further. Relying on the earlier memo, the March 2003 memo argues that the president has authority as Commander-in-Chief to bypass not only the Fourth Amendment but the central due process guarantee of the Fifth Amendment as well.
>>Learn more about the released memo.
Unredacted Documents Confirm Lack of Oversight of Military's Domestic Surveillance Powers
Newly unredacted documents, released as a result of an ACLU lawsuit, reveal that the Department of Defense (DoD) is using the FBI to circumvent legal limits on its own National Security Letter (NSL) power and may have overstepped its authority to obtain private and sensitive records of people within the United States without court approval.
>>Read the memo.
NSLs are secretly issued by the government to obtain access to personal customer records from Internet Service Providers, financial institutions, and credit reporting agencies. In almost all cases, recipients of the NSLs are forbidden, or "gagged," from disclosing that they have received the letters. While the FBI has broad NSL powers and compliance with FBI-issued NSLs is mandatory, the Defense Department's NSL power is more limited in scope, and, in most cases, compliance with Defense Department demands is not mandatory.
"If the Defense Department is asking the FBI to get information it is not allowed to access on its own, there is a serious problem within both agencies,” said Melissa Goodman, staff attorney with the ACLU National Security Project.
A newly unredacted copy of the results and recommendations of an internal program review shows that the Navy's use of NSLs to demand domestic records has increased significantly since September 11; and contrary to prior claims by the military, its NSL use is not limited to investigating only DoD employees.
Since last year, DoD has turned over more than 1,000 pages of documents to the ACLU, including nearly 500 NSLs which show that the military may have overstepped its legal authority to obtain financial and credit records, provided misleading information to Congress, and silenced NSL recipients from speaking out about the records requests.
>>Learn more about the NSL abuses.
Don't Let Employers Get Away With Pay Discrimination
Last May, the Supreme Court ruled in Ledbetter v. Goodyear that employees who have suffered years of pay discrimination cannot have their day in court if they don’t discover the discrimination within 180 days of their employer’s initial discriminatory pay decision.
The Ledbetter decision not only reversed years of employment law, it also ignored the realities of a workplace. Often employees don’t know what their co-workers are paid. Further, expecting that they learn that information within the first 180 days of a pay decision is unreasonable. Unless Congress intervenes, companies will be able to discriminate for years and unjustly profit from paying women, minorities, the elderly, and people with disabilities, as long as it keeps the discrimination secret for a few months.
The U.S. House of Representatives has passed legislation to correct this problem, and to ensure employers do not profit from years of discrimination based on race, color, religion, sex, national origin, age, and disability, simply because their employees were unaware of the discrimination for 180 days. The bill clarified this wage discrimination is not a one-time occurrence, but rather, that each discriminatory paycheck an employer issues represents an ongoing violation of the law.
A similar bill, the Fair Pay Restoration Act (S.1843), is now before the U.S. Senate. The time has come for the Senate to correct this wrong and let American workers keep their hard-earned dollars.
>>Take Action: Urge your Senators to support the Fair Pay Restoration Act.
Stand Up for Freedom: June 8 -- 10 in Washington, D.C.
Everyday, the headlines confirm that the government’s abuses of power ignore fundamental Constitutional principles and undermine our vital system of checks and balances, weakening the hallmarks of American democracy. You cannot afford to miss this important opportunity to protect the civil liberties of all Americans.
Stand Up for Freedom and help us stop the abuse of power at the ACLU 2008 Membership Conference, June 8-10 in Washington, D.C.!
At the ACLU Membership Conference you’ll have the opportunity to hear from a variety of experts, from a wide range of backgrounds, each with an exciting and unique perspective on civil liberties. Confirmed speakers for the conference include: Arianna Huffington, the co-founder and editor-in-chief of The Huffington Post and nationally syndicated columnist; Judy Gold, an Emmy Award winning actress and comedian; and Supreme Court Justices Antonin Scalia, Ruth Bader Ginsburg and David H. Souter will pay tribute to the ACLU’s president, during a celebratory luncheon entitled, Our Lady Liberty: Celebrating Nadine Strossen.
>>Register or learn more about the conference.
Monday, April 14, 2008
More on homelessness, anti-torture action alert
Homelessness
The Cap Times describes how the debate on homelessness has taken a hostile turn. This hostility has been significantly seen (electronically) through debates among mostly anonymous forum postings on area on-line newspapers as well as debates between high-profile blogs (like Blaska's blog which suggests that Madison's leadership coddles the homeless in general and ignores criminal behavior by downtown "transients" in particular, and Alder Brenda Konkel's blog which points out the civil liberties concerns with profilling the homeless in unsolved murder cases.)
This Channel 3000 report also described the hostility in its report on the press conference called by anti-homelessness advocates which identified the "economic profilling" of the homeless by police. This report however noted comments by police spokesperson De Spain that the rounding up of the homeless in the investigation was just to ask them questions about what they might have seen in the neighborhood. Questions about whether or not they all had to submit DNA tests or if they had legal representation during the questioning is still unclear. Despite the 200 or so tips received by the police regarding the Bassett-area murder, police aren't reporting any substantial leads and remain focused on area panhandlers.
Action alert from the national ACLU:
On Friday night, in a national television interview, President Bush directly admitted what we have suspected all along: The White House was deeply and intimately involved in decisions about the CIA’s use of torture.
For the first time, George W. Bush acknowledged that he knew his top national security advisers discussed and approved specific details of the CIA’s use of torture. “I’m aware that our national security team met on this issue and I approved,” he said. He also defended the use of waterboarding -- simulated drowning where the victim feels like they are about to die.
Congress should long ago have gotten to the bottom of which top officials approved, condoned and authorized U.S. involvement in torture. But, now that the President has admitted to a policy of top-down torture, the ACLU is calling on Congress to demand an independent prosecutor to investigate possible violations of the War Crimes Act, the federal Anti-Torture Act and federal assault laws.
Tell your members of Congress: Don’t look the other way on torture.
These latest revelations confirm our worst fears about subversion of the Constitution and betrayals of the rule of law by top government officials. Recent reports indicate that members of the Bush administration including Dick Cheney, Condoleezza Rice, Donald Rumsfeld, Colin Powell and George Tenet met regularly and approved the CIA’s use of “combined” “enhanced” interrogation techniques, even pushing the limits of the now infamous 2002 Justice Department “Yoo torture memo.”
That long-secret memorandum became public recently as a direct result of ACLU lawsuits aimed at getting out the truth. And the truth is, the indefensible legal opinions put forward in the torture memo tried to give the President a virtual blank check to ignore the rule of law and to violate human rights standards.
Don't tolerate torture. Demand accountability for torture now!
We have to do everything possible to reject the Bush administration’s top-down torture policies. That’s why the ACLU is stepping up pressure on Congress to use its constitutional powers to prevent illegal conduct.
It’s also why the ACLU has taken the extraordinary step of offering our assistance to Guantanamo detainees being prosecuted under the unconstitutional military commissions process. It is more important than ever that the U.S. government, when seeking justice against those it suspects of harming us, adhere to due process and the rule of law.
Take action: Tell Congress to demand answers!
If President Bush's admission finally gets Congress to challenge the Bush administration's torture policies head-on, we can begin restoring the values and due process that the Bush administration has severely undermined in the name of national security.
But, it won’t happen without an unyielding public outcry. Please do your part. Demand that your members of Congress reject torture by holding to account those responsible for approving and implementing these un-American policies.
Sincerely,
Caroline Fredrickson, Director
ACLU Washington Legislative Office
The Cap Times describes how the debate on homelessness has taken a hostile turn. This hostility has been significantly seen (electronically) through debates among mostly anonymous forum postings on area on-line newspapers as well as debates between high-profile blogs (like Blaska's blog which suggests that Madison's leadership coddles the homeless in general and ignores criminal behavior by downtown "transients" in particular, and Alder Brenda Konkel's blog which points out the civil liberties concerns with profilling the homeless in unsolved murder cases.)
This Channel 3000 report also described the hostility in its report on the press conference called by anti-homelessness advocates which identified the "economic profilling" of the homeless by police. This report however noted comments by police spokesperson De Spain that the rounding up of the homeless in the investigation was just to ask them questions about what they might have seen in the neighborhood. Questions about whether or not they all had to submit DNA tests or if they had legal representation during the questioning is still unclear. Despite the 200 or so tips received by the police regarding the Bassett-area murder, police aren't reporting any substantial leads and remain focused on area panhandlers.
Action alert from the national ACLU:
On Friday night, in a national television interview, President Bush directly admitted what we have suspected all along: The White House was deeply and intimately involved in decisions about the CIA’s use of torture.
For the first time, George W. Bush acknowledged that he knew his top national security advisers discussed and approved specific details of the CIA’s use of torture. “I’m aware that our national security team met on this issue and I approved,” he said. He also defended the use of waterboarding -- simulated drowning where the victim feels like they are about to die.
Congress should long ago have gotten to the bottom of which top officials approved, condoned and authorized U.S. involvement in torture. But, now that the President has admitted to a policy of top-down torture, the ACLU is calling on Congress to demand an independent prosecutor to investigate possible violations of the War Crimes Act, the federal Anti-Torture Act and federal assault laws.
Tell your members of Congress: Don’t look the other way on torture.
These latest revelations confirm our worst fears about subversion of the Constitution and betrayals of the rule of law by top government officials. Recent reports indicate that members of the Bush administration including Dick Cheney, Condoleezza Rice, Donald Rumsfeld, Colin Powell and George Tenet met regularly and approved the CIA’s use of “combined” “enhanced” interrogation techniques, even pushing the limits of the now infamous 2002 Justice Department “Yoo torture memo.”
That long-secret memorandum became public recently as a direct result of ACLU lawsuits aimed at getting out the truth. And the truth is, the indefensible legal opinions put forward in the torture memo tried to give the President a virtual blank check to ignore the rule of law and to violate human rights standards.
Don't tolerate torture. Demand accountability for torture now!
We have to do everything possible to reject the Bush administration’s top-down torture policies. That’s why the ACLU is stepping up pressure on Congress to use its constitutional powers to prevent illegal conduct.
It’s also why the ACLU has taken the extraordinary step of offering our assistance to Guantanamo detainees being prosecuted under the unconstitutional military commissions process. It is more important than ever that the U.S. government, when seeking justice against those it suspects of harming us, adhere to due process and the rule of law.
Take action: Tell Congress to demand answers!
If President Bush's admission finally gets Congress to challenge the Bush administration's torture policies head-on, we can begin restoring the values and due process that the Bush administration has severely undermined in the name of national security.
But, it won’t happen without an unyielding public outcry. Please do your part. Demand that your members of Congress reject torture by holding to account those responsible for approving and implementing these un-American policies.
Sincerely,
Caroline Fredrickson, Director
ACLU Washington Legislative Office
Friday, April 4, 2008
Why the ACLU is getting involved at Guantanamo...
An important story broke today in the Wall Street Journal about the ACLU’s role in the Guantánamo Bay military commissions.
Below is a statement from the national ACLU director on why the ACLU's involvement underscores our committment to the rule of law and to a credible judicial system that is central to American values.
Statement From Anthony D. Romero
ACLU Executive Director
There are times in this country when we find ourselves at a crossroads -- where the path we choose has the potential to define us as a nation for generations to come.
No doubt we've been at a critical juncture since September 11. How we respond to the atrocities thrust upon us after that terrible day says everything about who we are as Americans -- what values we defend, how the world sees us, and how history will remember us.
The manner in which we seek justice against those accused of harming us will determine whether the United States will be seen at home and abroad as a nation of laws. We must decide whether we live the values of justice that make us proud to be Americans, or whether we will forsake those values and continue down a path of arbitrary rules and procedures more befitting those who are our enemies. Because we are a great nation, true to our founders’ vision, we must uphold our core values even in the toughest of times. The right to a speedy trial in a court of law before an objective arbiter; the right to due process; the right to rebut the evidence against you; the right not to be tortured or waterboarded, or convicted on the basis of hearsay evidence are what truly define America and our commitment to the rule of law and our founders' aspirations.
The military commissions set up by the Bush administration for the men imprisoned at Guantánamo Bay -- including those it suspects were involved in the September 11 attacks -- are not true American justice. These trials should represent who we are, what America stands for, and our commitment to due process. They are not about how civilized the accused are, but how civilized we are. America does not stand for trials that rely on torture to gain confessions, or on secret evidence that a defendant cannot rebut, or on hearsay evidence.
For these reasons, the ACLU and the National Association of Criminal Defense Lawyers have taken on the task of assembling defense teams to be available to assist in the representation of those Guantánamo detainees who have been charged under the Military Commissions Act, subject to the detainees’ consent.
We take this step because we simply cannot stand by and allow the Bush administration's military commissions to make a mockery of our Constitution and our values. We believe in the American justice system -- despite its imperfections and distortions by pundits, politicians and ideologues -- and we believe we can make the system stronger by engaging it and fighting for what is right, fighting for fair trials and for America’s reputation.
It is when the stakes are the highest and when tempers run the hottest that we must work doubly hard to keep a check on our government and prevent it from trading in our values for visceral and political motives -- no matter what the motivation. It is during the most challenging situations that our country's values are most intensely tested, and along with them, the ACLU’s commitment to its core principles. We are determined, as we have always been, to meet this challenge.
For more information on how the ACLU is challenging the Military Commissions Act, please visit the John Adams Project page of the national ACLU website.
Below is a statement from the national ACLU director on why the ACLU's involvement underscores our committment to the rule of law and to a credible judicial system that is central to American values.
Statement From Anthony D. Romero
ACLU Executive Director
There are times in this country when we find ourselves at a crossroads -- where the path we choose has the potential to define us as a nation for generations to come.
No doubt we've been at a critical juncture since September 11. How we respond to the atrocities thrust upon us after that terrible day says everything about who we are as Americans -- what values we defend, how the world sees us, and how history will remember us.
The manner in which we seek justice against those accused of harming us will determine whether the United States will be seen at home and abroad as a nation of laws. We must decide whether we live the values of justice that make us proud to be Americans, or whether we will forsake those values and continue down a path of arbitrary rules and procedures more befitting those who are our enemies. Because we are a great nation, true to our founders’ vision, we must uphold our core values even in the toughest of times. The right to a speedy trial in a court of law before an objective arbiter; the right to due process; the right to rebut the evidence against you; the right not to be tortured or waterboarded, or convicted on the basis of hearsay evidence are what truly define America and our commitment to the rule of law and our founders' aspirations.
The military commissions set up by the Bush administration for the men imprisoned at Guantánamo Bay -- including those it suspects were involved in the September 11 attacks -- are not true American justice. These trials should represent who we are, what America stands for, and our commitment to due process. They are not about how civilized the accused are, but how civilized we are. America does not stand for trials that rely on torture to gain confessions, or on secret evidence that a defendant cannot rebut, or on hearsay evidence.
For these reasons, the ACLU and the National Association of Criminal Defense Lawyers have taken on the task of assembling defense teams to be available to assist in the representation of those Guantánamo detainees who have been charged under the Military Commissions Act, subject to the detainees’ consent.
We take this step because we simply cannot stand by and allow the Bush administration's military commissions to make a mockery of our Constitution and our values. We believe in the American justice system -- despite its imperfections and distortions by pundits, politicians and ideologues -- and we believe we can make the system stronger by engaging it and fighting for what is right, fighting for fair trials and for America’s reputation.
It is when the stakes are the highest and when tempers run the hottest that we must work doubly hard to keep a check on our government and prevent it from trading in our values for visceral and political motives -- no matter what the motivation. It is during the most challenging situations that our country's values are most intensely tested, and along with them, the ACLU’s commitment to its core principles. We are determined, as we have always been, to meet this challenge.
For more information on how the ACLU is challenging the Military Commissions Act, please visit the John Adams Project page of the national ACLU website.
Tuesday, February 5, 2008
ACLU Online update - national news
February 1 , 2008
Congress Must Stand Up to Bush's Protect America Act
Tell Congress: Stand Up to Bush's Scare Tactics!
With the deadline for renewing the FISA-gutting “Protect America Act” looming, President Bush once again resorted to fear-mongering during Monday's State of the Union address when he claimed that the "flow of vital intelligence" would be disrupted without an extension. Congress, in turn, extended the Protect America Act through Friday, February 15.
Is this 15-day extension a victory for civil liberties? If Congress uses the extension wisely, it gives more time to make real changes that protect the rule of law and bring spying in line with the Constitution. It could also be a prelude to another Congressional cave-in, but not if we have anything to say about it.
On Monday and Tuesday, the Senate will be finalizing and voting on its spying bill. The ACLU, its hundreds of thousands of members and millions of Americans who believe in the rule of law and want their privacy protected are calling on the Senate to stand up to President Bush's fear-mongering.
The ACLU will remain unwavering in our demands. Tell the Senate to stand up to President Bush on telecom immunity and reject massive, untargeted surveillance without a warrant.
>> Take action: Tell your senators to oppose any bill with telecom immunity or warrantless spying on Americans.
>> Get the Facts: Debunking Bush's Fear-Mongering
Federal Judge Orders CIA and Defense Department to Produce Torture Documents
As a result of an ACLU Freedom of Information Act (FOIA) lawsuit, a federal judge ordered the government to produce documents related to the treatment of prisoners in U.S. custody overseas to determine for himself if they should be made public.
“Given the evidence of widespread and systemic abuse of prisoners, it is entirely appropriate for the judge to view these documents for himself instead of taking the government's word for why they should be kept secret," said Alexa Kolbi-Molinas, staff attorney with the ACLU.
The documents the judge will view include:
- Department of Defense documents relating to the deaths of prisoners; allegations of prisoner abuse; and interrogations that deviate from those permitted by the current Army Field Manual;
- A September 17, 2001 CIA Presidential Directive setting up secret CIA detention centers abroad;
- CIA documents gathered by the agency's Inspector General in the course of investigations into unlawful and improper conduct by CIA personnel; and
- Documents discussing the CIA's secret detention and interrogation program.
The judge is still considering the ACLU's motion to hold the CIA in contempt of court for destroying thousands of hours of videotape depicting the abusive interrogations of two detainees in its custody. The ACLU charges that by destroying the tapes, the CIA violated a September 2004 court order requiring the agency to produce or identify records that fell within the scope of its FOIA request.
>> Read more about the ACLU's FOIA request.
ACLU Asks Federal Appeals Court to Lift Ban on Renowned Scholar
The ACLU recently appealed a ruling to challenge the government’s exclusion of Tariq Ramadan, a renowned Swiss scholar, from the U.S. The ACLU believes that the government’s stated reason for barring the scholar is a pretext and that Ramadan, a leading European academic, remains banned from the country because of his political viewpoints.
"The Bush administration has barred Professor Ramadan from the U.S. for more than three years now -- first by alleging without basis that he endorsed terrorism, then saying that it would take years to consider his visa application, and now pointing to charitable donations that were entirely legal at the time they were made,” said Jameel Jaffer, Director of the ACLU National Security Project.
The government originally revoked Ramadan’s visa in 2004 based on the so-called “ideological exclusion” provision of the Patriot Act, a provision that applies to individuals who have “endorsed or espoused” terrorism, because he made small donations to a Swiss charity that provides aid to the Palestinians. This revocation prevented Ramadan from taking up a tenured teaching post at the University of Notre Dame. The government later abandoned its claim when it could not produce any evidence that Ramadan had endorsed terrorism. On the contrary, Ramadan has been a consistent and vocal critic of terrorism and those who use it.
>> Read more about the Ramadan case, the history of ideological exclusion at: http://www.aclu.org/exclusion
Become a Guardian of Liberty Today—You Can Make the Difference
Every day all across the nation, the ACLU is called on to defend the freedoms guaranteed in the Constitution and the Bill of Rights. Guardians of Liberty are dedicated ACLU members who have made the commitment to support all this critical work with a monthly contribution.
These monthly gifts help the ACLU meet the costs of increased litigation, expanded grassroots mobilization, and widespread public education that are needed for a vigorous and successful defense of liberty.
As a Guardian of Liberty you can help make sure that no challenge to any of these rights goes unanswered. A modest monthly contribution of $25, $20 or even $15 provides the vital support that the ACLU needs.
As a Guardian you will receive special monthly updates on our work, and your membership in the ACLU will automatically renew.
Keep Freedom’s Flame Alive. Become a Guardian of Liberty Today!
ACLU Asks Federal Court to Block Use of Unfair Voting Technology in Ohio
The ACLU filed a motion this week asking federal Judge Kathleen O'Malley of the Northern District of Ohio to prevent the Ohio Secretary of State and the Cuyahoga County Board of Elections from using balloting technology that does not give notice to voters of problems with their ballot. The motion follows a lawsuit filed by the ACLU on January 17 challenging the constitutionality of this technology.
"Every voter who goes to the polls must have the opportunity to verify his or her ballot is free from errors," said ACLU Voting Rights Project attorney Meredith Bell-Platts. "The evidence is overwhelming that when voters do not have access to technology that notifies them of ballot errors, many more ballots are left uncounted."
Recently, the Ohio Secretary of State Brunner and the Cuyahoga County Board of Elections opted to implement ballots that do not provide notice of problems with votes. Cuyahoga County, which contains Columbus and surrounding areas, is the only county in Ohio whose current process does not allow notice to voters of problems with their ballot.
On January 22, the Ohio Association of Election Officials, a non-partisan organization representing Ohio's elections officials, voted unanimously against the sweeping changes Brunner has proposed, particularly emphasizing that counties should not adopt any voting technology that prevents voters from verifying their ballots are filled out correctly.
>> Read about the case.
Sign up for ACLU Online updates
Visit the national website to get these updates sent to your inbox. Become a card-carrying member today!
Congress Must Stand Up to Bush's Protect America Act
Tell Congress: Stand Up to Bush's Scare Tactics!
With the deadline for renewing the FISA-gutting “Protect America Act” looming, President Bush once again resorted to fear-mongering during Monday's State of the Union address when he claimed that the "flow of vital intelligence" would be disrupted without an extension. Congress, in turn, extended the Protect America Act through Friday, February 15.
Is this 15-day extension a victory for civil liberties? If Congress uses the extension wisely, it gives more time to make real changes that protect the rule of law and bring spying in line with the Constitution. It could also be a prelude to another Congressional cave-in, but not if we have anything to say about it.
On Monday and Tuesday, the Senate will be finalizing and voting on its spying bill. The ACLU, its hundreds of thousands of members and millions of Americans who believe in the rule of law and want their privacy protected are calling on the Senate to stand up to President Bush's fear-mongering.
The ACLU will remain unwavering in our demands. Tell the Senate to stand up to President Bush on telecom immunity and reject massive, untargeted surveillance without a warrant.
>> Take action: Tell your senators to oppose any bill with telecom immunity or warrantless spying on Americans.
>> Get the Facts: Debunking Bush's Fear-Mongering
Federal Judge Orders CIA and Defense Department to Produce Torture Documents
As a result of an ACLU Freedom of Information Act (FOIA) lawsuit, a federal judge ordered the government to produce documents related to the treatment of prisoners in U.S. custody overseas to determine for himself if they should be made public.
“Given the evidence of widespread and systemic abuse of prisoners, it is entirely appropriate for the judge to view these documents for himself instead of taking the government's word for why they should be kept secret," said Alexa Kolbi-Molinas, staff attorney with the ACLU.
The documents the judge will view include:
- Department of Defense documents relating to the deaths of prisoners; allegations of prisoner abuse; and interrogations that deviate from those permitted by the current Army Field Manual;
- A September 17, 2001 CIA Presidential Directive setting up secret CIA detention centers abroad;
- CIA documents gathered by the agency's Inspector General in the course of investigations into unlawful and improper conduct by CIA personnel; and
- Documents discussing the CIA's secret detention and interrogation program.
The judge is still considering the ACLU's motion to hold the CIA in contempt of court for destroying thousands of hours of videotape depicting the abusive interrogations of two detainees in its custody. The ACLU charges that by destroying the tapes, the CIA violated a September 2004 court order requiring the agency to produce or identify records that fell within the scope of its FOIA request.
>> Read more about the ACLU's FOIA request.
ACLU Asks Federal Appeals Court to Lift Ban on Renowned Scholar
The ACLU recently appealed a ruling to challenge the government’s exclusion of Tariq Ramadan, a renowned Swiss scholar, from the U.S. The ACLU believes that the government’s stated reason for barring the scholar is a pretext and that Ramadan, a leading European academic, remains banned from the country because of his political viewpoints.
"The Bush administration has barred Professor Ramadan from the U.S. for more than three years now -- first by alleging without basis that he endorsed terrorism, then saying that it would take years to consider his visa application, and now pointing to charitable donations that were entirely legal at the time they were made,” said Jameel Jaffer, Director of the ACLU National Security Project.
The government originally revoked Ramadan’s visa in 2004 based on the so-called “ideological exclusion” provision of the Patriot Act, a provision that applies to individuals who have “endorsed or espoused” terrorism, because he made small donations to a Swiss charity that provides aid to the Palestinians. This revocation prevented Ramadan from taking up a tenured teaching post at the University of Notre Dame. The government later abandoned its claim when it could not produce any evidence that Ramadan had endorsed terrorism. On the contrary, Ramadan has been a consistent and vocal critic of terrorism and those who use it.
>> Read more about the Ramadan case, the history of ideological exclusion at: http://www.aclu.org/exclusion
Become a Guardian of Liberty Today—You Can Make the Difference
Every day all across the nation, the ACLU is called on to defend the freedoms guaranteed in the Constitution and the Bill of Rights. Guardians of Liberty are dedicated ACLU members who have made the commitment to support all this critical work with a monthly contribution.
These monthly gifts help the ACLU meet the costs of increased litigation, expanded grassroots mobilization, and widespread public education that are needed for a vigorous and successful defense of liberty.
As a Guardian of Liberty you can help make sure that no challenge to any of these rights goes unanswered. A modest monthly contribution of $25, $20 or even $15 provides the vital support that the ACLU needs.
As a Guardian you will receive special monthly updates on our work, and your membership in the ACLU will automatically renew.
Keep Freedom’s Flame Alive. Become a Guardian of Liberty Today!
ACLU Asks Federal Court to Block Use of Unfair Voting Technology in Ohio
The ACLU filed a motion this week asking federal Judge Kathleen O'Malley of the Northern District of Ohio to prevent the Ohio Secretary of State and the Cuyahoga County Board of Elections from using balloting technology that does not give notice to voters of problems with their ballot. The motion follows a lawsuit filed by the ACLU on January 17 challenging the constitutionality of this technology.
"Every voter who goes to the polls must have the opportunity to verify his or her ballot is free from errors," said ACLU Voting Rights Project attorney Meredith Bell-Platts. "The evidence is overwhelming that when voters do not have access to technology that notifies them of ballot errors, many more ballots are left uncounted."
Recently, the Ohio Secretary of State Brunner and the Cuyahoga County Board of Elections opted to implement ballots that do not provide notice of problems with votes. Cuyahoga County, which contains Columbus and surrounding areas, is the only county in Ohio whose current process does not allow notice to voters of problems with their ballot.
On January 22, the Ohio Association of Election Officials, a non-partisan organization representing Ohio's elections officials, voted unanimously against the sweeping changes Brunner has proposed, particularly emphasizing that counties should not adopt any voting technology that prevents voters from verifying their ballots are filled out correctly.
>> Read about the case.
Sign up for ACLU Online updates
Visit the national website to get these updates sent to your inbox. Become a card-carrying member today!
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