Terrorism and the Constitution: Sacrificing Civil Liberties In The Name Of National Security
David Cole
Language: English
Pages: 302
ISBN: 1565849396
Format: PDF / Kindle (mobi) / ePub
Tracing the history of government intrusions on Constitutional rights in response to threats from abroad, Cole and Dempsey warn that a society in which civil liberties are sacrificed in the name of national security is in fact less secure than one in which they are upheld.
A new chapter includes a discussion of domestic spying, preventive detention, the many court challenges to post–9/11 abuses, implementation of the PATRIOT ACT, and efforts to reestablish the checks and balances left behind in the rush to strengthen governmental powers.
The Looming Tower: Al-Qaeda and the Road to 9/11
Terrorism and Torture: An Interdisciplinary Perspective
Scotland's Shame: Why Lockerbie Matters
Pirates and Emperors, Old and New: International Terrorism in the Real World
Taliban: The True Story of the World's Most Feared Fighting Force
1988. In April 1985, Director Webster testified that the FBI was not interested in the members of CISPES per se. Now that proves to be not so. Another FBI official strongly denied in February 1987 that the FBI was passing information to the National Guard in Salvador through Varelli. It now appears pretty clear he did. The FBI assured us it was not investigating the sanctuary movement. It is now clear the FBI surveilled sanctuary churches and investigated some sanctuary activities.37 A
searches and seizures, and the Fifth Amendment guarantees due process. Statutes define the offenses within the FBI’s criminal investigative jurisdiction.1 Other statutes limit the use of some intrusive techniques, requiring, for example, the approval of a judge before the government can conduct a wiretap or plant a bugging device.2 Guidelines promulgated by the attorney general set standards for the initiation and conduct of all investigations and regulate such investigative techniques as the use
immigration judge’s examination either. Instead, the evidence was presented to the judge in summary form by an FBI agent who testified in the judge’s chambers, off the record and without even being sworn in. Haddam’s lawyers, who were excluded along with Haddam from the judge’s chambers, protested this procedure on the grounds that it violated procedural due process and FISA. The judge heard the evidence over these objections. After further hearings and appeals, Haddam was granted asylum. The
has used this provision in nonviolent cases unrelated to terrorism. ELIMINATING BARRIERS BETWEEN LAW ENFORCEMENT AND INTELLIGENCE One of the purposes of the Patriot Act was to promote the sharing of information between law enforcement agencies and intelligence agencies. That goal is legitimate. Many experts, including the 9/11 Commission, have concluded that one of the reasons for our failure to learn about the September 11 plot before the damage was done was that the many federal agencies
airline employee noticed a strange-looking man trying to light his shoe on fire. So at the end of the day, the war on terrorism, at least at home, has netted almost no actual terrorists. At the same time, these policies have contributed to widespread distrust of law enforcement within the Arab and Muslim communities here, and unprecedented anti-Americanism abroad. The perception and reality that the administration has unfairly targeted innocent Arabs and Muslims, and has disregarded fundamental
