Almost all of the new laws focus on American citizens rather than potential foreign terrorists. For example, the definition of "terrorism," for federal criminal purposes, has been greatly expanded. A person could now be considered a terrorist by belonging to a pro-constitution group, a citizen militia, or a pro-life organization. Legitimate protests against the government could place tens of thousands of other Americans under federal surveillance. Similarly, internet use can be monitored without a user's knowledge, and internet providers can be forced to hand over user information to law-enforcement officials without a warrant or subpoena. 
  
          The bill also greatly expands the use of traditional surveillance tools, including wiretaps, search warrants, and subpoenas. Probable-cause standards for these tools are relaxed, or even eliminated in some circumstances. Warrants become easier to obtain and can be executed without notification. Wiretaps can be placed without a court order. In fact, the FBI and CIA now can tap phones or computers nationwide, without demonstrating that a criminal suspect is using a particular phone or computer. 
  
          The biggest problem with these new law-enforcement powers is that they bear little relationship to fighting terrorism. Surveillance powers are greatly expanded, while checks and balances on government are greatly reduced. Most of the provisions have been sought by domestic law-enforcement agencies for years, not to fight terrorism, but rather to increase their police power over the American people. There is no evidence that our previously held civil liberties posed a barrier to the effective tracking or prosecution of terrorists. The federal government has made no showing that it failed to detect or prevent the recent terrorist strikes because of the civil liberties that will be compromised by this new legislation. 
  
          In his speech to the joint session of Congress following the September 11th attacks, President Bush reminded all of us that the United States outlasted and defeated Soviet totalitarianism in the last century. The numerous internal problems in the former Soviet Union – its centralized economic planning and lack of free markets, its repression of human liberty and its excessive militarization – all led to its inevitable collapse. We must be vigilant to resist the rush toward ever-increasing state control of our society, so that our own government does not become a greater threat to our freedoms than any foreign terrorist. 
  
          The executive order that has gotten the most attention by those who are concerned that our response to 9-11 is overreaching and dangerous to our liberties is the one authorizing military justice, in secret. Nazi war criminals were tried in public, but plans now are laid to carry out the trials and punishment, including possibly the death penalty, outside the eyes and ears of the legislative and judicial branches of government and the American public. Since such a process threatens national security and the Constitution, it cannot be used as a justification for their protection. 
  
          Some have claimed this military tribunal has been in the planning stages for five years. If so, what would have been its justification? 
  
          The argument that FDR did it and therefore it must be OK is a rather weak justification. Roosevelt was hardly one that went by the rule book – the Constitution. But the situation then was quite different from today. There was a declared war by Congress against a precise enemy, the Germans, who sent eight saboteurs into our country. Convictions were unanimous, not 2/3 of the panel, and appeals were permitted. That's not what's being offered today. Furthermore, the previous military tribunals expired when the war ended. Since this war will go on indefinitely, so too will the courts. 
  
          The real outrage is that such a usurpation of power can be accomplished with the stroke of a pen. It may be that we have come to that stage in our history when an executive order is "the law of the land," but it's not "kinda cool," as one member of the previous administration bragged. It's a process that is unacceptable, even in this professed time of crisis. 
  
          There are well-documented histories of secret military tribunals. Up until now, the United States has consistently condemned them. The fact that a two-thirds majority can sentence a person to death in secrecy in the United States is scary. With no appeals available, and no defense attorneys of choice being permitted, fairness should compel us to reject such a system outright. 
  
          Those who favor these trials claim they are necessary to halt terrorism in its tracks. We are told that only terrorists will be brought before these tribunals. This means that the so-called suspects must be tried and convicted before they are assigned to this type of "trial" without due process. They will be deemed guilty by hearsay, in contrast to the traditional American system of justice where all are innocent until proven guilty. This turns the justice system on its head. 
 

« It has been said that the best way for us to spread our message of freedom, justice and prosperity throughout the world is through example and persuasion, not through force of arms. We have drifted a long way from that concept. »

          "Most of the major ills of the world have been caused by well-meaning people who ignored the principle of individual freedom, except as applied to themselves, and who were obsessed with fanatical zeal to improve the lot of mankind – in-the-mass through some pet formula of their own. The harm done by ordinary criminals, murderers, gangsters, and thieves is negligible in comparison with the agony inflicted upon human beings by the professional do-gooders, who attempt to set themselves up as gods on earth and who would ruthlessly force their views on all others – with the abiding assurance that the end justifies the means."

Previous Word for Word