People effected by the "PATRIOT ACT" ... Asscroft should be burned at the stake

Search

There's always next year, like in 75, 90-93, 99 &
Joined
Sep 20, 2004
Messages
15,270
Tokens
I seriously hope this happens to fuks like IgetPMS or KMan.
----------------------------------------------
http://www.lewrockwell.com/orig3/monahan1.html

Coffee, Tea, or Should We Feel Your Pregnant Wife’s Breasts Before Throwing You in a Cell at the Airport and Then Lying About Why We Put You There?
by Nicholas Monahan



This morning I’ll be escorting my wife to the hospital, where the doctors will perform a caesarean section to remove our first child. She didn’t want to do it this way – neither of us did – but sometimes the Fates decide otherwise. The Fates or, in our case, government employees.

On the morning of October 26th Mary and I entered Portland International Airport, en route to the Las Vegas wedding of one of my best friends. Although we live in Los Angeles, we’d been in Oregon working on a film, and up to that point had had nothing but praise to shower on the city of Portland, a refreshing change of pace from our own suffocating metropolis.

At the security checkpoint I was led aside for the "inspection" that’s all the rage at airports these days. My shoes were removed. I was told to take off my sweater, then to fold over the waistband of my pants. My baseball hat, hastily jammed on my head at 5 AM, was removed and assiduously examined ("Anything could be in here, sir," I was told, after I asked what I could hide in a baseball hat. Yeah. Anything.) Soon I was standing on one foot, my arms stretched out, the other leg sticking out in front of me àla a DUI test. I began to get pissed off, as most normal people would. My anger increased when I realized that the newly knighted federal employees weren’t just examining me, but my 7½ months pregnant wife as well. I’d originally thought that I’d simply been randomly selected for the more excessive than normal search. You know, Number 50 or whatever. Apparently not though – it was both of us. These are your new threats, America: pregnant accountants and their sleepy husbands flying to weddings.

After some more grumbling on my part they eventually finished with me and I went to retrieve our luggage from the x-ray machine. Upon returning I found my wife sitting in a chair, crying. Mary rarely cries, and certainly not in public. When I asked her what was the matter, she tried to quell her tears and sobbed, "I’m sorry...it’s...they touched my breasts...and..." That’s all I heard. I marched up to the woman who’d been examining her and shouted, "What did you do to her?" Later I found out that in addition to touching her swollen breasts – to protect the American citizenry – the employee had asked that she lift up her shirt. Not behind a screen, not off to the side – no, right there, directly in front of the hundred or so passengers standing in line. And for you women who’ve been pregnant and worn maternity pants, you know how ridiculous those things look. "I felt like a clown," my wife told me later. "On display for all these people, with the cotton panel on my pants and my stomach sticking out. When I sat down I just lost my composure and began to cry. That’s when you walked up."

Of course when I say she "told me later," it’s because she wasn’t able to tell me at the time, because as soon as I demanded to know what the federal employee had done to make her cry, I was swarmed by Portland police officers. Instantly. Three of them, cinching my arms, locking me in handcuffs, and telling me I was under arrest. Now my wife really began to cry. As they led me away and she ran alongside, I implored her to calm down, to think of the baby, promising her that everything would turn out all right. She faded into the distance and I was shoved into an elevator, a cop holding each arm. After making me face the corner, the head honcho told that I was under arrest and that I wouldn’t be flying that day – that I was in fact a "menace."

It took me a while to regain my composure. I felt like I was one of those guys in The Gulag Archipelago who, because the proceedings all seem so unreal, doesn’t fully realize that he is in fact being arrested in a public place in front of crowds of people for...for what? I didn’t know what the crime was. Didn’t matter. Once upstairs, the officers made me remove my shoes and my hat and tossed me into a cell. Yes, your airports have prison cells, just like your amusement parks, train stations, universities, and national forests. Let freedom reign.

After a short time I received a visit from the arresting officer. "Mr. Monahan," he started, "Are you on drugs?"

Was this even real? "No, I’m not on drugs."

"Should you be?"

"What do you mean?"

"Should you be on any type of medication?"

"No."

"Then why’d you react that way back there?"

You see the thinking? You see what passes for reasoning among your domestic shock troops these days? Only "whackos" get angry over seeing the woman they’ve been with for ten years in tears because someone has touched her breasts. That kind of reaction – love, protection – it’s mind-boggling! "Mr. Monahan, are you on drugs?" His snide words rang inside my head. This is my wife, finally pregnant with our first child after months of failed attempts, after the depressing shock of the miscarriage last year, my wife who’d been walking on a cloud over having the opportunity to be a mother...and my anger is simply unfathomable to the guy standing in front of me, the guy who earns a living thanks to my taxes, the guy whose family I feed through my labor. What I did wasn’t normal. No, I reacted like a drug addict would’ve. I was so disgusted I felt like vomiting. But that was just the beginning.

An hour later, after I’d been gallantly assured by the officer that I wouldn’t be attending my friend’s wedding that day, I heard Mary’s voice outside my cell. The officer was speaking loudly, letting her know that he was planning on doing me a favor... which everyone knows is never a real favor. He wasn’t going to come over and help me work on my car or move some furniture. No, his "favor" was this: He’d decided not to charge me with a felony.

Think about that for a second. Rapes, car-jackings, murders, arsons – those are felonies. So is yelling in an airport now, apparently. I hadn’t realized, though I should have. Luckily, I was getting a favor, though. I was merely going to be slapped with a misdemeanor.

"Here’s your court date," he said as I was released from my cell. In addition, I was banned from Portland International for 90 days, and just in case I was thinking of coming over and hanging out around its perimeter, the officer gave me a map with the boundaries highlighted, sternly warning me against trespassing. Then he and a second officer escorted us off the grounds. Mary and I hurriedly drove two and a half hours in the rain to Seattle, where we eventually caught a flight to Vegas. But the officer was true to his word – we missed my friend’s wedding. The fact that he’d been in my own wedding party, the fact that a once in a lifetime event was stolen from us – well, who cares, right?

Upon our return to Portland (I’d had to fly into Seattle and drive back down), we immediately began contacting attorneys. We aren’t litigious people – we wanted no money. I’m not even sure what we fully wanted. An apology? A reprimand? I don’t know. It doesn’t matter though, because we couldn’t afford a lawyer, it turned out. $4,000 was the average figure bandied about as a retaining fee. Sorry, but I’ve got a new baby on the way. So we called the ACLU, figuring they existed for just such incidents as these. And they do apparently...but only if we were minorities. That’s what they told us.

In the meantime, I’d appealed my suspension from PDX. A week or so later I got a response from the Director of Aviation. After telling me how, in the aftermath of 9/11, most passengers not only accept additional airport screening but welcome it, he cut to the chase:

"After a review of the police report and my discussions with police staff, as well as a review of the TSA’s report on this incident, I concur with the officer’s decision to take you into custody and to issue a citation to you for disorderly conduct. That being said, because I also understand that you were upset and acted on your emotions, I am willing to lift the Airport Exclusion Order...."

Attached to this letter was the report the officer had filled out. I’d like to say I couldn’t believe it, but in a way, I could. It’s seemingly becoming the norm in America – lies and deliberate distortions on the part of those in power, no matter how much or how little power they actually wield.

The gist of his report was this: From the get go I wasn’t following the screener’s directions. I was "squinting my eyes" and talking to my wife in a "low, forced voice" while "excitedly swinging my arms." Twice I began to walk away from the screener, inhaling and exhaling forcefully. When I’d completed the physical exam, I walked to the luggage screening area, where a second screener took a pair of scissors from my suitcase. At this point I yelled, "What the %*&$% is going on? This is &*#&$%!" The officer, who’d already been called over by one of the screeners, became afraid for the TSA staff and the many travelers. He required the assistance of a second officer as he "struggled" to get me into handcuffs, then for "cover" called over a third as well. It was only at this point that my wife began to cry hysterically.

There was nothing poetic in my reaction to the arrest report. I didn’t crumple it in my fist and swear that justice would be served, promising to sacrifice my resources and time to see that it would. I simply stared. Clearly the officer didn’t have the guts to write down what had really happened. It might not look too good to see that stuff about the pregnant woman in tears because she’d been humiliated. Instead this was the official scenario being presented for the permanent record. It doesn’t even matter that it’s the most implausible sounding situation you can think of. "Hey, what the...godammit, they’re taking our scissors, honey!" Why didn’t he write in anything about a monkey wearing a fez?

True, the TSA staff had expropriated a pair of scissors from our toiletries kit – the story wasn’t entirely made up. Except that I’d been locked in airport jail at the time. I didn’t know anything about any scissors until Mary told me on our drive up to Seattle. They’d questioned her about them while I was in the bowels of the airport sitting in my cell.

So I wrote back, indignation and disgust flooding my brain.

"[W]hile I’m not sure, I’d guess that the entire incident is captured on video. Memory is imperfect on everyone’s part, but the footage won’t lie. I realize it might be procedurally difficult for you to view this, but if you could, I’d appreciate it. There’s no willful disregard of screening directions. No explosion over the discovery of a pair of scissors in a suitcase. No struggle to put handcuffs on. There’s a tired man, early in the morning, unhappily going through a rigorous procedure and then reacting to the tears of his pregnant wife."

Eventually we heard back from a different person, the guy in charge of the TSA airport screeners. One of his employees had made the damning statement about me exploding over her scissor discovery, and the officer had deftly incorporated that statement into his report. We asked the guy if he could find out why she’d said this – couldn’t she possibly be mistaken? "Oh, can’t do that, my hands are tied. It’s kind of like leading a witness – I could get in trouble, heh heh." Then what about the videotape? Why not watch that? That would exonerate me. "Oh, we destroy all video after three days."

Sure you do.

A few days later we heard from him again. He just wanted to inform us that he’d received corroboration of the officer’s report from the officer’s superior, a name we didn’t recognize. "But...he wasn’t even there," my wife said.

"Yeah, well, uh, he’s corroborated it though."

That’s how it works.

"Oh, and we did look at the videotape. Inconclusive."

But I thought it was destroyed?

On and on it went. Due to the tenacity of my wife in making phone calls and speaking with relevant persons, the "crime" was eventually lowered to a mere citation. Only she could have done that. I would’ve simply accepted what was being thrown at me, trumped up charges and all, simply because I’m wholly inadequate at performing the kowtow. There’s no way I could have contacted all the people Mary did and somehow pretend to be contrite. Besides, I speak in a low, forced voice, which doesn’t elicit sympathy. Just police suspicion.

Weeks later at the courthouse I listened to a young DA awkwardly read the charges against me – "Mr. Monahan...umm...shouted obscenities at the airport staff...umm... umm...oh, they took some scissors from his suitcase and he became...umm...abusive at this point." If I was reading about it in Kafka I might have found something vaguely amusing in all of it. But I wasn’t. I was there. Living it.

I entered a plea of nolo contendere, explaining to the judge that if I’d been a resident of Oregon, I would have definitely pled "Not Guilty." However, when that happens, your case automatically goes to a jury trial, and since I lived a thousand miles away, and was slated to return home in seven days, with a newborn due in a matter of weeks...you get the picture. "No Contest" it was. Judgment: $250 fine.

Did I feel happy? Only $250, right? No, I wasn’t happy. I don’t care if it’s twelve cents, that’s money pulled right out of my baby’s mouth and fed to a disgusting legal system that will use it to propagate more incidents like this. But at the very least it was over, right? Wrong.

When we returned to Los Angeles there was an envelope waiting for me from the court. Inside wasn’t a receipt for the money we’d paid. No, it was a letter telling me that what I actually owed was $309 – state assessed court costs, you know. Wouldn’t you think your taxes pay for that – the state putting you on trial? No, taxes are used to hire more cops like the officer, because with our rising criminal population – people like me – hey, your average citizen demands more and more "security."

Finally I reach the piece de resistance. The week before we’d gone to the airport my wife had had her regular pre-natal checkup. The child had settled into the proper head down position for birth, continuing the remarkable pregnancy she’d been having. We returned to Portland on Sunday. On Mary’s Monday appointment she was suddenly told, "Looks like your baby’s gone breech." When she later spoke with her midwives in Los Angeles, they wanted to know if she’d experienced any type of trauma recently, as this often makes a child flip. "As a matter of fact..." she began, recounting the story, explaining how the child inside of her was going absolutely crazy when she was crying as the police were leading me away through the crowd.

My wife had been planning a natural childbirth. She’d read dozens of books, meticulously researched everything, and had finally decided that this was the way for her. No drugs, no numbing of sensations – just that ultimate combination of brute pain and sheer joy that belongs exclusively to mothers. But my wife is also a first-time mother, so she has what is called an "untested" pelvis. Essentially this means that a breech birth is too dangerous to attempt, for both mother and child. Therefore, she’s now relegated to a c-section – hospital stay, epidural, catheter, fetal monitoring, stitches – everything she didn’t want. Her natural birth has become a surgery.

We’ve tried everything to turn that baby. Acupuncture, chiropractic techniques, underwater handstands, elephant walking, moxibustion, bending backwards over pillows, herbs, external manipulation – all to no avail. When I walked into the living room the other night and saw her plaintively cooing with a flashlight turned onto her stomach, yet another suggested technique, my heart almost broke. It’s breaking now as I write these words.

I can never prove that my child went breech because of what happened to us at the airport. But I’ll always believe it. Wrongly or rightly, I’ll forever think of how this man, the personification of this system, has affected the lives of my family and me. When my wife is sliced open, I’ll be thinking of him. When they remove her uterus from her abdomen and lay it on her stomach, I’ll be thinking of him. When I visit her and my child in the hospital instead of having them with me here in our home, I’ll be thinking of him. When I assist her to the bathroom while the incision heals internally, I’ll be thinking of him.

There are plenty of stories like this these days. I don’t know how many I’ve read where the writer describes some breach of civil liberties by employees of the state, then wraps it all up with a dire warning about what we as a nation are becoming, and how if we don’t put an end to it now, then we’re in for heaps of trouble. Well you know what? Nothing’s going to stop the inevitable. There’s no policy change that’s going to save us. There’s no election that’s going to put a halt to the onslaught of tyranny. It’s here already – this country has changed for the worse and will continue to change for the worse. There is now a division between the citizenry and the state. When that state is used as a tool against me, there is no longer any reason why I should owe any allegiance to that state.

And that’s the first thing that child of ours is going to learn.

December 21, 2002

Nick Monahan works in the film industry. He writes out of Los Angeles where he lives with his wife and as of December 18th, his beautiful new son.
 

There's always next year, like in 75, 90-93, 99 &
Joined
Sep 20, 2004
Messages
15,270
Tokens
It doesn't stop there ... let's strip the media's rights too ...

---------------------------------------------
http://www.roundupnews.com/news/2003/05/01/Opinion/We.Must.Stop.The.Patriot.Act.And.Its.Sequel-430434.shtml
Recently, the FBI, on a tip from a Customs inspector, intercepted a package from The Associated Press in the Philippines sent to an AP colleague in Washington. The package contained documents related to the 1993 conviction of a man involved in the World Trade Center bombing. The documents already had been introduced in open court in New York way back then.
No judge, no warrant, nothing stood in the FBI's way to waste time and public money on investigating a no-brainer. Now there's an internal FBI investigation on the matter, but only because some members of Congress and the news media are asking the tough questions.
In this oppressive atmosphere, when you're either "with us or against us," the Bush administration wants everyone to see no evil, hear no evil, speak no evil of the government.
It should make every American's eyes pop, ears burn and mouths curl from the bitter taste of these inexcusable attacks on our civil liberties and basic rights under the guise of "patriotism."
 

There's always next year, like in 75, 90-93, 99 &
Joined
Sep 20, 2004
Messages
15,270
Tokens
Don't worry guys, the facist government doesn't discriminate based on profession ... they get doctors too .

(PMS do not respond as I know you cannot and will not read the article in it's entirety.)
---------------------------------------------
http://civilliberty.about.com/gi/dynamic/offsite.htm?site=http%3A%2F%2Fwww.criminaljustice.org%2Fpublic.nsf%2Ftestimony%2F2001lt021%3FOpenDocument
For More Information:

Kyle O'Dowd, Legislative Affairs Director
(202) 872-8600 ext. 226, kyle@nacdl.org



Gerald H. Goldstein

Gerald H. Goldstein, of San Antonio, Texas, is a Past President of the National Association of Criminal Defense Lawyers (NACDL) and its Texas affiliate. He graduated from Tulane University in 1965, and then attended the University of Texas School of Law. Since graduating in 1968 from law school, he has dedicated his practice to the representation of those accused of criminal offenses. He is a certified Specialist in Criminal Law, and a Fellow in the American College and the International Academy of Trial Lawyers.

His law firm, Goldstein, Goldstein & Hilley, devotes approximately 15-20% of its time to pro bono work. He has served as counsel in numerous civil rights cases, many of which vindicated the rights of prisoners to be free from excessive (and sometimes fatal) force, inadequate medical care, and inhumane living conditions. He has also served as appellate counsel for death row inmates and has defended the First Amendment rights of farmers and religious organizations. In several important matters before the United States Supreme Court, he has served as counsel of record for the National Association of Criminal Defense Lawyers as amicus curiae.

In addition to his practice, for the past twenty years he has served as adjunct professor of advanced criminal law at the University of Texas School of Law in Austin, Texas, and St. Mary’s University School of Law in San Antonio, Texas. He is a member of the Board of Regents of the National Criminal Defense College and lectures frequently on criminal law and procedure at continuing legal education seminars throughout the United States.
Mr. Chairman and Distinguished Members of the Committee:

In the early morning hours of September 12, 2001, Dr. Al-Badr Al Hazmi, a fifth-year radiology resident at the University of Texas Health Science Center in San Antonio, Texas, was studying for his upcoming medical board exams, when federal law enforcement agents entered his home, searched the premises for some six hours, and took Dr. Al Hazmi into custody. Immigration authorities transported Dr. Al Hazmi to the nearby Comal County Jail.

Later that afternoon, Dr. Al Hazmi was allowed a brief telephone call to my office, at which time he explained that he was being held by United States Immigration authorities and inquired as to the reasons for his detention. Almost immediately, an Immigration and Naturalization Agent took the telephone and told me that he could provide no information regarding the reason for my client’s detention, nor his whereabouts; he then referred me to his “supervisor.”

After my numerous telephone calls to the supervising agent on September 12th and 13th went unanswered, I wrote a letter to the Immigration and Naturalization Service, seeking to ascertain the whereabouts of my client and requesting an opportunity to communicate with him. In no uncertain terms, my letter explained:

I am concerned with regard to the status of [Dr.] Al Hazmi and am requesting that information regarding his status and provisions for my office to communicate with him be provided at your earliest convenience. . . . In light of your unavailability and my expressed concern regarding the need to communicate with [my client], I am copying this letter to the United States Attorney’s Office in the hopes that they may help facilitate same. (See attached letter to INS Agent, dated September 13, 2001).

Dr. Al Hazmi’s repeated requests to consult with his attorney were ignored, as authorities continued to interrogate him. As he would later tell a reporter, “Nobody explained to me anything, they just kept saying, ‘Later, later,’. . . I said, ‘I need to call my lawyer.’ They said, ‘Later.’ ‘I need to call my wife.’ They said, ‘Later.’” Macarena Hernandez, Prayers Answered, Dr. Al-Hazmi Details How Faith Aided Him During His Detention, San Antonio Express-News, Sept. 30, 2001, at 1A.

On September 13, 2001, my office retained an immigration attorney, and both counsel filed formal “Notice of Entry of Appearance as Attorney” on INS Form G-28. (See attached Forms G-28, Notices of Appearance as Attorneys for attorneys Gerald H. Goldstein and Robert A. Shivers).

When I was finally able to reach the “supervising” INS agent, on September 14, 2001, he advised that he too was unable to provide me with access to, or any information regarding my client, referring me instead to an attorney with the Immigration Services’ Trial Litigation Unit.

However, when I reached the Immigration Services’ attorney, he advised that he could not speak to me about Dr. Al Hazmi and would not provide any information regarding the whereabouts of my client.

On that same day, Mr. Shivers, the immigration attorney hired by our firm, sent a letter to the District Director of the Immigration Service, detailing counsels’ repeated attempts to determine the whereabouts of our client, again requesting an opportunity to consult with Dr. Al Hazmi, and expressing his concern that “misrepresentations were knowingly made to prevent our consulting with our client.” (See attached letter to INS District Director, dated September 14, 2001).

I then sent a letter to the acting United States Attorney for our district (copying the Assistant United States Attorney whom I had been advised was assigned the case), again attempting to ascertain the whereabouts of my client and making a “formal demand” for an opportunity to consult with him, thus:

What is of particular concern to me is that despite prior notice to your office . . . of my client’s desire to communicate with counsel and my attempts to locate and speak with him, my numerous calls to your offices have gone unanswered. A . . . trial counsel for INS did call me back only to advise that he could not talk to me or even advise me where my client was being detained. . . . After both Mr. Shivers and I filed our respective representation forms, and after Mr. Shivers spent the better part of the day attempting to locate and visit our client, [the] INS District Director . . . advised that our client had been placed on an airplane and removed from this ‘jurisdiction.’ Even an individual being deported . . . is entitled to be represented by counsel, and a reasonable opportunity to consult with their counsel. Accordingly, I am hereby making another formal request for same. (See attached letter to U.S. Attorney, dated September 14, 2001).

Earlier that day, Dr. Al Hazmi had been taken by FBI agents to New York, and held in a lower Manhattan detention facility, without an opportunity to contact his family as to his whereabouts or have any contact or consult with his attorney.

The following sequence of events brought this Kafkaesque experience to a conclusion:

On September 17, 2001, almost a week after my client had been taken into custody, I was advised that he was being detained by Federal authorities in New York City.

On September 18, 2001, local New York counsel, hired by my office, was advised by the detention facility authorities that he would not be permitted to visit with Dr. Al Hazmi, because the court had appointed a different lawyer to represent him, without Dr. Al Hazmi’s knowledge.

On September 19, 2001, the local counsel hired by my office was permitted to visit with Dr. Al Hazmi at the Manhattan detention facility.

On September 24, 2001, the FBI cleared and released Dr. Al Hazmi. He returned home to San Antonio the following day.

The Department of Justice has denied that any of the detainees are being held incommunicado, suggesting that any interference with the right to counsel was due to time compression and administrative shortcomings. However, as the above scenario demonstrates, Dr. Al Hazmi was not someone who simply “slipped through the cracks.” Dr. Al Hazmi was represented by retained counsel who had filed formal notices of appearance on behalf of their client. Moreover, Dr. Al Hazmi’s attorneys had notified the appropriate law enforcement agencies and the Department of Justice in writing, requesting the whereabouts of their client and expressing their desire to communicate with him. Despite these efforts — and despite Dr. Al Hazmi’s repeated requests to consult with his counsel — Federal authorities stonewalled and continued to interrogate Dr. Al Hazmi in the absence of his counsel.

By denying Dr. Al Hazmi access to his retained counsel, Federal law enforcement officials not only violated my clients rights, they deprived themselves of valuable information and documentation that would have eliminated many of their concerns. Their obstructionism prolonged the investigative process, wasting valuable time and precious resources.

Dr. Al Hazmi’s experience, when viewed in conjunction with the Department of Justice’s and various law enforcement agencies’ policies that interfere with attorney-client relations, suggests that this Committee’s continued vigilance is warranted. For example, eleven Israeli citizens were presumably mistaken for Arabs and arrested in Ohio for working without authorization while visiting the United States on tourist visas. They were visiting this country after completing military service in Israel, where several had served in counter-terrorism units. In hours-long interrogation by the FBI, the Israelis were told that getting counsel involved would only complicate things and prolong their detention. Nine of the eleven were detained for more than two weeks and two were detained for a month. All have now been granted voluntary departure. John Mintz, 60 Israelis on Tourist Visas Detained Since Sept. 11, Washington Post, Nov. 23, 2001, at A22; Tamar Lewin & Alison Leigh Cowan, Dozens of Israeli Jews Are Being Kept in Federal Detention, New York Times, Nov. 21, 2001; NACDL interview with David Leopold, Esq., Cleveland, Ohio, counsel for the detainees.

According to counsel for the detainees, during the course of the questioning at least one of the Israelis was asked "how much torture can you stand before you tell the truth." The FBI also repeatedly asked the Israelis who sent them to the United States, whether they took any pictures of tall buildings and whether they had any Israeli intelligence connections or role. Each was also asked whether he or she was Muslim and whether they had visited a mosque in Toledo, Ohio. On the night of their arrests, the two women in the group were subjected to a humiliating "pat down" by a male INS officer as a prerequisite to their use of the restroom. The male INS officer claimed there were no longer any female officers present at INS Headquarters.
The right to the assistance of counsel is the cornerstone of our adversarial system. One need only read Miranda v. Arizona, which recounts the widespread abuses that plagued our nation’s interrogation rooms, to fully appreciate the risks that accompany any abrogation of the right to counsel. Miranda v. Arizona, 384 U.S. 436, 445-446 & n.7 (1966) (providing examples of abuses and explaining that “[t]he difficulty in depicting what transpires at such interrogations stems from the fact that in this country they have largely taken place incommunicado.”).

These are among the concerns that mandate a right to representation not only when one is charged with a crime, but when one is subjected to custodial interrogation as well. It is well-established that once an individual in custody requests counsel, all further questioning must cease. Edwards v. Arizona, 451 U.S. 477 (1981); Minnick v. Mississippi, 498 U.S. 146 (1990).

The government’s current dragnet-style investigation — characterized by ethnic profiling, selective enforcement of criminal and immigration laws, and pretrial detention for petty offenses — heightens the important role counsel plays from the very inception of custody. A separate issue, and one that will be discussed more fully by other groups, is the extent to which these ethnically biased law enforcement tactics violate the Constitution and international laws, and tarnish our country’s image. Singling out non-citizens for disparate treatment raises serious constitutional questions. See Yick Wo v. Hopkins, 118 U.S. 356 (1886). As the Supreme Court recently reaffirmed, the Fifth Amendment protects all non-citizens, even those here unlawfully, from deprivation of life, liberty or property without due process of law. Zadvydas v. Davis, 121 S. Ct. 2491, 2500-2501 (2001). Policies which evade these protections not only erode minority and immigrant confidence in law enforcement, but undermine efforts to obtain adequate rights and protections for United States citizens traveling abroad.

The interests protected by defense counsel go beyond the procedural protections guaranteed by the Bill of Rights. As recognized by the Innocence Protection Act, introduced by Chairman Leahy and supported by NACDL, without the effective representation of counsel, not only are innocent persons incarcerated or worse, but the guilty go free.

The right to counsel also serves as an invaluable check on the illegitimate or indiscriminate use of government power. At no time is this right more important than when the government has acquired or claimed sweeping new powers. As Justice Brandeis said in his famous dissent, "Experience should teach us to be most on our guard to protect liberty when the government's purposes are beneficent. . . . The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding." Olmstead v. United States, 277 U.S. 438, 479 (1928) (Brandeis, J., dissenting).

The USA PATRIOT Act gave broad new powers to federal law enforcement in the areas of eavesdropping and electronic surveillance, search and seizure, money laundering, criminal and civil asset forfeiture, information sharing (e.g., erosion of wiretap and grand jury secrecy rules), and detention of non-citizens. To determine whether these powers are being exercised in a responsible manner or whether they are being abused, and therefore need to be curtailed, public disclosure and oversight is essential. This accountability is enhanced by defense lawyers, many of whom have already brought their cases of abuse to public light.

While my client has been completely absolved of any wrongdoing or connection to the acts of terrorism, I am still prohibited by court order from discussing certain aspects of the case. The extraordinary secrecy which has characterized the post-9/11 investigation has made it difficult for defense lawyers to discuss the facts surrounding their clients’ detentions and impossible for the public to gain a complete picture of the government’s tactics. Many of my colleagues who represent past or current detainees share my view that this veil of secrecy serves only to shield the government from criticism.

Before concluding, I would like to discuss one more issue, which is closely related to the denial of access to counsel. On October 31, the Federal Bureau of Prisons published notice in the Federal Register of a new rule giving the Federal government authority to monitor communications between people in Federal custody and their lawyers if the Attorney General deems it “reasonably necessary in order to deter future acts of violence of terrorism.” Instead of obtaining a court order, the Attorney General need only certify that “reasonable suspicion exists to believe that an inmate may use communications with attorneys or their agents to facilitate acts of terrorism.” Until now, communications between inmates and their attorneys have been exempt from the usual monitoring of other calls and visits at the 100 federal prisons around the country.

NACDL joins the American Bar Association and the vast majority of the legal profession in denouncing this new policy. The attorney-client privilege — “the oldest of the privileges for confidential communications known to the common law” — is the most sacred of all the legally recognized privileges. Its root purpose is “to encourage full and frank communications between attorneys and their clients and thereby promote broader public interests in the observance of law and administration of justice. The privilege recognizes that sound legal advice or advocacy serves public ends and that such advice or advocacy depends upon the lawyer’s being fully informed by the client.” Upjohn Co. v. United States, 449 U.S. 383, 389 (1981).

Based on my 32-years experience, defending persons from all walks of life, I can tell you that the crucial bond of trust between lawyer and client is hard-won and easily worn. This is particularly true when the attorney must bridge cultural, ethnic and language differences. Any interference from the government can permanently damage this relationship, threatening the defendant’s representation and the public’s interest in a just and fair outcome — not to mention the government’s interest in obtaining cooperation in its investigations. In all likelihood, the mere specter of monitoring will complicate the already difficult endeavor of communicating effectively with incarcerated clients and will chill the delicate relationship between the accused and his advocate.
 

role player
Joined
Sep 20, 2004
Messages
3,302
Tokens
Totally Ashcrofts fault
icon_confused.gif
 

There's always next year, like in 75, 90-93, 99 &
Joined
Sep 20, 2004
Messages
15,270
Tokens
Let's not forget Jose Padilla ...

D2 and Phadreus could write a novel on the indefinate detaining of Mr. Padilla despite the fascist US Government not even charging him wiht a crime.

JP,
Asscroft is only the leader and main perpetrator of this liberty depriving evil, but you can thank many others including "well regarded" Rep. Dr. Ron Paul (R-Texas). Paul admitted to voting the PATRIOT ACT in despite not actually reading it. I'm not sure what Rep Paul exactly he felt he was being paid to do.
 

New member
Joined
Sep 21, 2004
Messages
14,280
Tokens
I migt also add that none other than John Edwards co-wrote the Patriot Act. This is the main reason I am uncomfortable with him.
 

There's always next year, like in 75, 90-93, 99 &
Joined
Sep 20, 2004
Messages
15,270
Tokens
Sadly, I didn't even realize that Edward co-wrote the PATRIOT Act until last week
sad.gif


Edwards is a bit to conservative for my likings either.
 

role player
Joined
Sep 20, 2004
Messages
3,302
Tokens
Would the Patriot Act allowed Reno the right to attack the Davidian compound? Or would it allowed Reno to take over a house which had a little Cuban boy in it at gunpoint.

You guys should really read a copy of O'Reillys "Who's looking after you."
 

New member
Joined
Sep 21, 2004
Messages
5,398
Tokens
Joint

Reno was an hideous bitch-goddess, no doubt about it, and the horrors carried out on her watch will be tough to beat by Ashcroft or anyone else. For that matter, one of Ashcroft's mentors and heros, AG Edwin Meese (Reagan era) was far worse than Ashcroft with his bizarre anti-child pornography witch hunts. Much like the popular "If you don't support us, you're a terrorist" arguments these days, it was common back in '85-'86 to be accused of being "sympathetic to child molesters" if one disagreed with AG Meese's incomprehensible laws. But take heart -- despite a complete lack of evidence (and in fact an abundance of evidence that the child pornography hysteria of the late 1970's and early 1980's was just that -- hysteria -- and nothing more) AG Meese is lionised today for having "taken a stand for America's children."
icon_rolleyes.gif


Here's a blast from the past for you: can you identify who said these words:

<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>
The Clinton administration would like the Federal government to have the capability to read any international or domestic computer communications. The FBI wants access to decode, digest, and discuss financial transactions, personal e-mail, and proprietary information sent abroad -- all in the name of national security. To accomplish this, President Clinton would like government agencies to have the keys for decoding all exported U.S. software and Internet communications.

This proposed policy raises obvious concerns about Americans' privacy, in addition to tampering with the competitive advantage that our U.S. software companies currently enjoy in the field of encryption technology. Not only would Big Brother be looming over the shoulders of international cyber-surfers, but the administration threatens to render our state-of-the-art computer software engineers obsolete and unemployed.

There is a concern that the Internet could be used to commit crimes and that advanced encryption could disguise such activity. However, we do not provide the government with phone jacks outside our homes for unlimited wiretaps. Why, then, should we grant government the Orwellian capability to listen at will and in real time to our communications ac**** the Web?

The protections of the Fourth Amendment are clear. The right to protection from unlawful searches is an indivisible American value. Two hundred years of court decisions have stood in defense of this fundamental right. The state's interest in effective crime-fighting should never vitiate the citizens' Bill of Rights.

The president has proposed that American software companies supply the government with decryption keys to high level encryption programs. Yet, European software producers are free to produce computer encryption codes of all levels of security without providing keys to any government authority. Purchasers of encryption software value security above all else. These buyers will ultimately choose airtight encryption programs that will not be American-made programs to which the U.S. government maintains keys.
<HR></BLOCKQUOTE>

<jeopardy theme plays>

If you answered, "Who is John Ashcroft?" people might think you're crazy, but in fact you'd be exactly correct. The above quote is from then-Senator Ashcroft's controversial essay "Keeping Big Brother's Hands Off the Internet." Apparently Brother Ashcroft needs to be reminded of his own beliefs (beliefs he apparently held as recently as 1997.)

Contrast the above comments with Chapter 124 of the (happily-defeated) Domestic Security Enhancement Act, aka "Patriot II" ... by Ashcroft himself:

<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>
CHAPTER 124 ENCRYPTED WIRE OR ELECTRONIC
COMMUNICATIONS AND STORED ELECTRONIC INFORMATION Sec. 2801. Unlawful use of encryption
(a) Any person who, during the commission of a felony under Federal law, knowingly and willfully encrypts any incriminating communication or information relating to that felony --
(1) in the case of a first offense under this section, shall be imprisoned not more than 5 years, fined under this title, or both; and
2) in the case of a second or subsequent offense under this section, shall be imprisoned not more than 10 years, fined under this title, or both.
(b) The terms 'encrypt' and 'encryption' refer to the scrambling (and descrambling) of wire communications, electronic communications, or electronically stored information, using mathematical formulas or algorithms in order to preserve the confidentiality, integrity, or authenticity of, and prevent unauthorized recipients from accessing or altering, such communications or information.
<HR></BLOCKQUOTE>

One might argue that AG Ashcroft's attitudes have been coloured by the obvious effect that a tragedy the scope of the 9/11 terrorist attacks occuring on his watch would have on the man's personality. I'd be glad if you did, because then I could rub this speech in your nose, a bit of neo-Luddite quaking from Ashcroft penned nearly four months prior to the 2001 attacks.

At least Reno and Meese were consistent.


Phaedrus
 

role player
Joined
Sep 20, 2004
Messages
3,302
Tokens
What I remember most clearly, and there is still debate today, is he fact the it was generally the republicans who would tell the democrats to basically keep your hands of the internet. Don't tax it. We ( the government don't own it ) type thing. You did not invent it Al. It's the peoples project. So I would expect Ashcroft to say that.

I guess,as I read it, I don't have a problem with Chapter 124 (a) or (b). Furthermore, I would expect that if someone was to commit a felony they wouldn't what to announce it to the rest of the cyberword. The crminal would definitely want to 'encrypt' his message. Codebreaking will continually be used as it was used by the FBI, CIA and the KGB during the cold war. Just that the media has changed.

I just miss those umbrella's that shot the poisonous dart.
 

New member
Joined
Sep 20, 2000
Messages
15,635
Tokens
What half you idiots don't realize that congress approved it overwhelmingly...What pisses me off is that...instead airport screeners taking apart Sister Marys walker for examination...put guys like mohhamed and abdul to closer scrutinity...but the fxcking moronic PC liberals are afraid of profiling..because you know everybody alike..puhhleeeze.
 

There's always next year, like in 75, 90-93, 99 &
Joined
Sep 20, 2004
Messages
15,270
Tokens
icon_rolleyes.gif
sad.gif


You made me laugh, but it's sad that you actually feel that way.
 

New member
Joined
Sep 21, 2004
Messages
5,398
Tokens
posted by Jointpleasure:
<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>
I guess,as I read it, I don't have a problem with Chapter 124 (a) or (b). Furthermore, I would expect that if someone was to commit a felony they wouldn't what to announce it to the rest of the cyberword. The crminal would definitely want to 'encrypt' his message. Codebreaking will continually be used as it was used by the FBI, CIA and the KGB during the cold war. Just that the media has changed.
<HR></BLOCKQUOTE>

posted by John Ashcroft et al.
<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>
CHAPTER 124 ENCRYPTED WIRE OR ELECTRONIC
COMMUNICATIONS AND STORED ELECTRONIC INFORMATION Sec. 2801. Unlawful use of encryption
(a) Any person who, during the commission of a felony under Federal law, knowingly and willfully encrypts any incriminating communication or information relating to that felony --
(1) in the case of a first offense under this section, shall be imprisoned not more than 5 years, fined under this title, or both; and
2) in the case of a second or subsequent offense under this section, shall be imprisoned not more than 10 years, fined under this title, or both.
(b) The terms 'encrypt' and 'encryption' refer to the scrambling (and descrambling) of wire communications, electronic communications, or electronically stored information, using mathematical formulas or algorithms in order to preserve the confidentiality, integrity, or authenticity of, and prevent unauthorized recipients from accessing or altering, such communications or information.
<HR></BLOCKQUOTE>

posted by the Constitutional Convention:
<BLOCKQUOTE class="ip-ubbcode-quote"><font size="-1">quote:</font><HR>
Amendment IV.

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

Amendment V.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VIII.

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX.

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
<HR></BLOCKQUOTE>

Section 124 (a) and (b) of the DSEA clearly violate the Fourth, Fifth, Eighth and Ninth Amendments to the Constitution to varying degrees. It was in fact the debate over the Constitutionality of this section which lead to the killing of DSEA in committee.


Phaedrus
 

role player
Joined
Sep 20, 2004
Messages
3,302
Tokens
These four amendments to the constitution must be a criminal defense attorneys lifeblood.

Probable cause. Now that is a good one.

"Step out of the car please, I noticed one headlight shines a little high. Have you been drinking?"
 

Forum statistics

Threads
1,119,179
Messages
13,565,024
Members
100,755
Latest member
fb68winn
The RX is the sports betting industry's leading information portal for bonuses, picks, and sportsbook reviews. Find the best deals offered by a sportsbook in your state and browse our free picks section.FacebookTwitterInstagramContact Usforum@therx.com