The USA PATRIOT Act grants the federal government unprecedented powers to intervene in the life of ordinary citizens and to deny them due process. One of the most egregious parts of the Act defines "terrorism" in terms so broad that domestic groups engaging in criticism of the government or in civil disobedience can be labeled terrorist; law abiding citizens could be the subjects of criminal investigations for merely engaging in constitutionally protected freedoms. The USA PATRIOT Act also grants the government inappropriate access to a citizen's personal records: library and medical records, credit card information, and financial statements. In addition, government agents may now enter your home to conduct "sneak and peek" searches. They may now conduct secret wiretaps in your home or office without showing "probable cause". These sweeping new powers undermine the Bill of Rights and are unnecessary to keep us safe. The terror attacks of 9-11 could have easily been prevented had intelligence and law-enforcement simply followed up on the warnings and evidence that was available to them prior to the attacks. Had the Patriot Act been passed before 9-11 it would have done nothing to stop the terrorists. It's purpose is to silence dissent at home.
The Rights and Freedoms We Have Lost as a Result of the USA PATRIOT Act.
1st Amendment Freedom of Speech:
- The PATRIOT Act defines "domestic terrorism" so broadly that any act "that violates a criminal law," and "is dangerous to human life," and also " appears to be intended to influence the policy of a government" could be considered a terrorist's act. By extension, anyone who is arrested while voicing their dissent to government policies could be labeled a domestic terrorist & be subject to criminal investigation, arrest & detention.
- The Government may now prosecute librarians or keepers of any other records if they reveal that the government requested information in the course of an investigation. It has become a crime for these individuals to try to safeguard your privacy or to tell you that you are under investigation.
1st Amendment Freedom of Association:
- Government agents may now monitor the 1st Amendment-protected activities of religious and political institutions, and then infiltrate these groups with no suspicion of criminal activity. This is a return to domestic spying on law-abiding religious and political groups.
- You may now be the subject of a government investigation simply because of the political, activist or advocacy groups you are involved in, or the statements you make within these groups.
- A U.S. Department of Justice directive actively encourages federal, state and local officials to resist and/or limit access to government records through Freedom of Information Act (FOIA) requests.
- The Government has conducted immigration hearings in secret behind closed doors. Such proceedings were once open to the public. Hundreds of immigrants have already been deported.
- Government agents may now enter your home to conduct secret "sneak and peek" searches. They may also seize your papers and personal effects, all without notice or probable cause.
- Law Enforcement authorities may now conduct secret searches and wiretaps in your home or office without showing "probable cause." They need only to claim that intelligence gathering is a "lsignificant purpose"l of their intrusion, even when the primary goal is ordinary law enforcement. They may also monitor where and to whom you send and receive e-mail, or where you go on the internet, recording every e-mail address and website you have been in contact with.
- Law Enforcement may now demand any personal records held by any source including your doctor, employer, accountant or library. All they have to do is claim that it is related to an investigation into "terrorism." The record keepers may not reveal that your records were provided to the government.
5th Amendment Right to Due Process & Freedom from being Held Without Charge:
- Americans can now be jailed without a formal charge & without the right to confront the witnesses or evidence against them. American citizens are now being held in military jails without charge and without a clear path of appeal for their indefinite confinement.
6th Amendment Right to Legal Representation:
- Hundreds of U.S. residents have been detained for months at a time, and denied access to the advice and advocacy of an attorney. The Government may now monitor conversations between attorneys & clients in federal jails.
- The current Administration has actually filed papers in court that argue that an American Citizen held in a military jail without charge should be denied access to legal counsel because such access would interfere with the process of his interrogation.
6th Amendment Right to a Speedy and Public Trial:
- The U.S. Government may now jail its residents and citizens indefinitely without charge & without a public trial. After 9-11 over 1,100 immigrant men were detained for months without access to an attorney or contact with their families. Many were charged with only minor immigration violations, and then brought in front of an immigration judge in secret proceedings. Many have been deported.
- The U.S. Government has taken into custody individuals they identify as "material witnesses," transported them across the country, and held them for months in solitary confinement without charge or contact with their family.