Could France Forego #Liberty? owl.li/HdPwA Patriot Act Civil - TopicsExpress

Could France Forego #Liberty? owl.li/HdPwA Patriot Act Civil Liberties Today owl.li/HdP3M The new paradigm encouraged the arrests of people thought to be dangerous for, as Mr. Ashcroft put it, “spitting on the sidewalk,” or for immigration offenses, or as material witnesses. It increased surveillance of religious and dissident groups. It ramped up the use of a law barring even benign support for organizations said to engage in terrorism, putting pressure on activities long thought to be protected by the First Amendment. And it inserted informants into Muslim communities, giving rise to a culture of suspicion and charges of entrapment. ...Arrest Early, Charge Broadly As they generally have in the past, the courts acquiesced in the government’s efforts to combat terrorism. True, the Supreme Court placed some limits on the executive branch’s ability to hold prisoners at Guantánamo Bay. But decisions in criminal and immigration cases tell a different story. “The courts have been failing terribly,” said Susan N. Herman, the president of the American Civil Liberties Union and the author of “Taking Liberties: The War on Terror and the Erosion of American Democracy,” which will be published in October. The Supreme Court, she said, routinely refuses to hear cases in which lower courts uphold the government’s position in cases involving national security. “They’re not interested in civil liberties challenges,” she said of the justices. “They’re only interested when the government loses.” The goal of stopping terrorism before it happens caused federal law enforcement officials to make early arrests and then to rely on charges that required little proof of concrete conduct. Prosecutors often charged defendants accused of involvement in terrorism with conspiracy or “material support” of groups said to engage in terrorism.... But some prosecutions were based on sending money to groups that engaged in both humanitarian work and violence. And last year, in Holder...

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