ENGLISH FOR SENATE POSITION PAPER ON:

Preserving Constitutional Liberties

The passage of the Patriot Act and its recent extension represents a most serious threat to our constitutional protections contained in the Bill of Rights and subsequent Amendments, as well as other civil rights legislation enacted to protect the citizens from abuses of government power.  Recent revelations about the treatment of prisoners taken abroad, the denial of due process, and flaunting of international conventions on the treatment of captives have severely tarnished the reputation and standing of this country with the rest of the world.  Similarly, additional revelations about the extent of domestic spying upon American citizens in direct defiance of our laws and traditions are the worst threat to our civil liberties since the witch hunts of the McCarthy era.  What makes the current abuses of power so worrisome is the fact that modern computer-based information technology has given the government vast surveillance and intrusive capabilites beyond anything remotely imaginable 50 years ago.  Every email message, every telephone call, every electronic financial transaction, every computer based information search, all data transmitted by land lines or the airwaves, even mail processed by electronic sorters, could be easily accessed and quicky collated into totally secret information profiles and elctronic data sets for every resident and visitor in this country.  

The recent appointment of General Michael Hayden to be the new Director of the Central Intelligence Agency is most unsettling because now an extremely competent and unethical military executive whose agency has already engaged in illegal spying will assume de facto control of information within the entire foreign intelligence establishment.  It is only a matter of time before the electronic surveillance and intrusion capabilites of the NSA are extended to invade the privacy of all living within the United States.  At that point, General Hayden will have become the Dr. Strangelove of the Bush Administration.   His recent confirmation vote by the Senate, including the affirmative votes of the two sitting Democratic Maryland Senators, is a travesty upon the Constitution and upon our civil liberties. 

Hopefully, the Democrats will regain control of both houses of Congress in the November elections and can begin to undo the abuses of power that now threaten our civil liberties.   The issuance of National Security Letters by the FBI should be immediately suspended until it is made subject to rigorous prior judicial search warrant authorization with the rights restored for all recipients to be represented by  legal counsel and seek injunctive relief. .  At the present time, recipients of these National Security Letters have no legal recourse to challenge their issuance or protest the demands made upon them by the FBI.  They are currently forbidden to speak with anyone about them, even their own lawyers.  Monthly reporting of the number, kind, and general categories of these issuances should be made public for each state and U. S. territory affected.  Special closed door quarterly briefings of each state's assembled Congressional delegation should be implemented  to report on and discuss the number, details, and specific purposes justifying the issuance of these letters in that state.  As the first item discussed  in the next Congress, the Patriot Act must be reviewed and revised, if not abolished, to restore the civil liberties threatened by its current provisions and their ongoing enforcement.  Similarly, the recent activities of the FBI ahould be reviewed for their intrusion upon the privacy of law-abiding citizens.  The abuses of constitutional liberties commited by the FBI during the 1960s must not be permitted to recur.


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