Transcript Civil Liberties after 9/11 - September 11, 2001: United States and

“To those who scare peace-loving
people with phantoms of lost liberty, my
message is this: Your tactics only aid
terrorists—for they erode our national
unity and diminish our resolve … ”
-- Former Attorney General John
Ashcroft, Statement to U.S. Senate,
December 2001
Civil Liberties after 9/11
Fear:
CBS/NYT (Pre-9/11): In your opinion, how likely is a major terrorist attack
in the United States itself in the near future? Is it very likely, somewhat
likely, or not at all likely?
CBS/NYT (post-9/11/01), CBS: How likely do you think it is that there will
be another terrorist attack on the United States within the next few months:
very likely, somewhat likely, not very likely, not at all likely?
Pre-9/11:
1/91 (CBS/NYT)
Post-9/11:
9/20-23/01 (CBS/NYT)
10/25-28/01 (CBS/NYT)
2/24-26/02 (CBS)
Not at
All
Likely/
Very
Unlikely
(%)
Don't
Know/
N.A.
(%)
Very
Likely
(%)
Somewhat
Likely
(%)
Not Too
Likely/
Somewhat
Unlikely
(%)
23
50
--
21
6
36
53
18
42
35
44
16
8
29
4
2
5
2
2
4
Giving Up Civil Liberties:
PSRA/PEW: In order to curb terrorism in this country, do
you think it will be necessary for the average person to give
up some civil liberties, or not?
Yes/Necessary
(%)
No/Not
Necessary
(%)
Don't
Know/
N.A.
(%)
Pre-9/11:
4/97 (PSRA/PEW)
29
62
9
Post-9/11:
9/13-17/01 (PSRA/PEW)
55
35
10
Giving Up Civil Liberties:
CBS/NYT: In order to reduce the threat of terrorism, would you be
willing or not willing to allow government agencies to monitor the
telephone calls and e-mail of ordinary Americans on a regular basis?
PSRA/PEW: Would you favor or oppose the following measures to curb
terrorism: allowing the U.S. government to monitor your personal
telephone calls and e-mails.
Phone and e-mail:
Sept/13-14/01 (CBS/NYT)
Sept /20-23/01 (CBS/NYT)
Dec /7-10/01 (CBS/NYT)
Personal phone/e-mail:
Sept/13-17/01 (PSRA/PEW)
Approve/
Favor/
Support/
Disapprove/
Oppose/
Willing
(%)
Not Willing
(%)
Don't
Know/
N.A.
(%)
39
45
31
53
51
65
8
4
4
26
70
4
“To those who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics
only aid terrorists—for they erode our national unity and diminish our resolve ….”
-- Former Attorney General John Ashcroft, Statement to U.S. Senate, December 2001
The War on Terror: Consequences for Civil Liberties
Responding to 9/11 as “war” rather than a “crime
against humanity” had two main effects on
domestic policy:
1. Centralization of authority in the executive
branch.
2. Restricting civil liberties is the point of many
security measures. The Bush administration
viewed civil liberties as a weakness in the system
that the terrorists will exploit.
“To those who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics
only aid terrorists—for they erode our national unity and diminish our resolve ….”
-- Former Attorney General John Ashcroft, Statement to U.S. Senate, December 2001
The War on Terror: Consequences for Civil Liberties
Responding to 9/11 as “war” rather than a “crime
against humanity”
This vision of 9/11 led to:
(a) greater restrictions on the flow of information
about government;
(b) less privacy from government surveillance;
(c) fewer due process protections.
“To those who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics
only aid terrorists—for they erode our national unity and diminish our resolve ….”
-- Former Attorney General John Ashcroft, Statement to U.S. Senate, December 2001
The War on Terror: Consequences for Civil Liberties
Secrecy Rationale: The Mosaic Theory
Developed by the CIA, draws an analogy between
building a mosaic and gathering bits of
seemingly unimportant information. i.e. bits and
pieces of information may seem harmless in
isolation, but if the terrorists would put them
together, they would obtain a bigger picture of
the government’s antiterrorism investigation.
“To those who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics
only aid terrorists—for they erode our national unity and diminish our resolve ….”
-- Former Attorney General John Ashcroft, Statement to U.S. Senate, December 2001
Due Process is…
The right to request and receive a hearing where the
detainee can make the case for why he should not be
detained.
The right to have the detainee’s home government and
family informed of the detainee’s capture and his location.
The right to have one’s treatment monitored by an
international humanitarian organization like the Red
Cross.
The right to not be tortured.
The right to not be threatened with torture.
“To those who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics
only aid terrorists—for they erode our national unity and diminish our resolve ….”
-- Former Attorney General John Ashcroft, Statement to U.S. Senate, December 2001
Habeas Corpus is…
A process that entitles a person held in custody to file a petition in court
formally requesting the court to summon the accused and his
custodian to court where the custodian will be required to show the
reason he is detaining the petitioner.
Major Policies and Decisions:
The November 13, 2001, Presidential Military Order gave the President
of the United States the power to detain suspects, suspected of
connection to terrorists or terrorism as an unlawful combatant.
In Hamdi v. Rumsfeld, 542 U.S. 507 (2004), the Supreme Court
reaffirmed the right of United States citizens to seek writs of habeas
corpus even when declared enemy combatants.
On June 7, 2007, the Habeas Corpus Restoration Act of 2007 was
approved by the Senate Judiciary Committee with an 11-8 vote split
along party lines, with all but one Republican voting against it.
“To those who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics
only aid terrorists—for they erode our national unity and diminish our resolve ….”
-- Former Attorney General John Ashcroft, Statement to U.S. Senate, December 2001
The Patriot Act
The United and Strengthening America by
Providing Appropriate Tools Required to Intercept
and Obstruct Terrorism Act of 2001
President Bush promised that while the Patriot Act
will protect constitutional rights, “this government
will enforce this law with all the urgency of a nation
at war”.
“To those who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics
only aid terrorists—for they erode our national unity and diminish our resolve ….”
-- Former Attorney General John Ashcroft, Statement to U.S. Senate, December 2001
In Guantanamo Bay …
- the jurisdiction of the US courts is excluded;
- prisoners to be tried by military tribunals;
- no access to the writ of habeas corpus to
determine whether detention was arguably
justified
- the military were to act as interrogators,
prosecutors, defense counsel, judges, and, were
the death sentence imposed, as executioners;
- trials to be held in secret;
“To those who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics
only aid terrorists—for they erode our national unity and diminish our resolve ….”
-- Former Attorney General John Ashcroft, Statement to U.S. Senate, December 2001
Major changes in Guantanamo Bay …
-- The U.S. Supreme Court ruled in Hamdan v. Rumsfeld
on June 29, 2006 that they were entitled to the minimal
protections listed under Common Article 3 of the Geneva
Conventions.
-- On July 7, 2006, the Department of Defense issued an
internal memo stating that prisoners would in the future
be entitled to protection under Common Article 3.
-- On May 15, 2006, the United States Department of
Defense released a list of all 759 former and current
inmates who had been held in military custody in the
detainment camps after a Freedom of Information Act
action was filed by the Associated Press.
“To those who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics
only aid terrorists—for they erode our national unity and diminish our resolve ….”
-- Former Attorney General John Ashcroft, Statement to U.S. Senate, December 2001
http://www.amnestyusa.org/america/FactSheet.pdf
U.S. Citizens as Enemy Combatants
(a)Yaser Esam Hamdi, (born September 26 1980) US
citizen, captured in Afghanistan in November 2001.
(b) John Phillip Walker Lindh (born February 9, 1981)
US citizen captured as an "enemy combatant"
during the United States' 2001 invasion of
Afghanistan. Nicknamed “American Taliban.”
(c) José Padilla (born October 18, 1970) US citizen;
arrested in Chicago on May 8, 2002; was detained
as a material witness until June 9, 2002, when
President Bush designated him an illegal enemy
combatant