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sordid matters and 'conspiracy theory'�with its many half-truths, mis-
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That being said, CTRLgives no endorsement to the validity of posts, and
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-Caveat Lector-
FAIR-L
Fairness & Accuracy In Reporting
Media analysis, critiques and activism
MEDIA ADVISORY:
Muted Response to Ashcroft's Sneak Attack on Liberties
February 12, 2003
In an attempt to further increase the government's surveillance and law
enforcement powers, and decrease judicial review and protections of civil
liberties, the Department of Justice has secretly drafted a sweeping
sequel to the USA Patriot Act of 2001.
Despite the draft legislation's authoritarian provisions-- including one
that would empower the government to strip Americans of their citizenship
if they participate in the lawful activities of any group that the
attorney general labels "terrorist"-- mainstream U.S. media have responded
with only a handful of news stories.
The news was broken on February 7 by the Center for Public Integrity,
which obtained and published a full copy of the DOJ's draft "Domestic
Security Enhancement Act of 2003" or "Patriot Act II" legislation
(www.public-i.org).
According to CPI, the January 9, 2003 draft was prepared by Attorney
General John Ashcroft's staff and has not been officially released by the
DOJ. Elected officials were kept in the dark about Ashcroft's initiative,
says CPI: "Senior members of the Senate Judiciary Committee minority staff
have inquired about Patriot II for months and have been told as recently
as this week that there is no such legislation being planned."
Among other things, the draft includes provisions that would:
* Authorize a DNA database of "suspected terrorists"-- a category so
broadly defined that it could, according to CPI, include anyone associated
with "suspected" groups, and any "noncitizens suspected of certain crimes
or of having supported any group designated as terrorist."
* Nullify most law enforcement consent decrees passed before September 11,
2001 that do not relate to civil rights violations. Consent decrees are
legal agreements that limit law enforcement's ability to gather
information about individuals and groups. Many, such as New York City's
Handschu agreement (which was severely weakened by a federal court ruling
on Tuesday), were arrived at in response to police abuses, including the
harassment of social justice groups.
* Enable the government to "expatriate" U.S. citizens "if, with the intent
to relinquish his nationality, he becomes a member of, or provides
material support to, a group that the United Stated has designated as a
'terrorist organization.'" Currently, you must formally state your intent
to give up U.S. citizenship in order to lose it, or take a drastic action
such as serving in the military of a state that is at war with the U.S.
CPI warns that Patriot Act II would allow the government to "infer" that
intent from an individual's political associations, and possibly deport
any citizen who participated in the work of a group that the attorney
general chooses to brand as "terrorist," even if he or she broke no laws.
These provisions build on the expanded law enforcement powers established
by the first USA Patriot Act, which created the new category of "domestic
terrorism," a crime defined in part as activities that "involve acts
dangerous to human life that are a violation of the criminal laws" and
which "appear to be intended" to "intimidate or coerce" civilians or the
government. In examining the measures that Patriot Act II would authorize
against "suspected terrorists," it's important to recall that the legal
definition of domestic terrorism is now so broad that it could encompass
traditional forms of political protest, such as non-violent civil
disobedience.
The Patriot Act II draft also includes measures to weaken the FOIA
(Freedom of Information Act) system by curtailing public access to
information about accused terrorists being held in custody, and by
restricting access to the "worst case scenario" reports that companies are
required to file with the Environmental Protection Agency about the
potential effects of environmental disasters.
Despite all this, the story has barely made a ripple in the U.S. news
media. On PBS, "Now with Bill Moyers" featured an extensive interview with
CPI's Charles Lewis (2/7/03), but apart from that, a search of the
national television news programs archived in the Nexis database found
only one report on the DOJ's plan for a Patriot Act II, a segment on Fox
News Channel's "The Big Story With John Gibson" (2/10/03). The story was
apparently ignored by ABC, CBS and NBC's nightly newscasts and
newsmagazine shows.
It wasn't hard for newspapers to do better than that, but even so, their
coverage amounted to a handful of stories. Of major papers included in
Nexis, the Washington Post gave the story the most prominent treatment,
with a front-page article (2/8/03), a news brief (2/11/03) and an
editorial (2/12/03). The New York Times and Los Angeles Times ran articles
on the draft legislation the same day, but on inside pages (A10 and A24,
respectively). The Chicago Tribune printed a version of the Los Angeles
Times story, and New York's Newsday ran an article about Patriot II on
page two. Aside from a brief news item in the Seattle Times (2/8/03) and
editorials in the San Francisco Chronicle and Rocky Mountain News
(2/11/03), that was the extent of the stories Ashcroft's plans generated.
The fact that the DOJ has secretly prepared legislation that would
fundamentally alter the protections afforded Americans by the Constitution
is, by any measure, a huge story. The first USA Patriot Act was rushed
through Congress in the aftermath of the September 11, 2001 terrorist
attacks with very little media coverage or public debate. (See "Are You a
Terrorist?", Extra! 11-12/01,
http://www.fair.org/extra/0111/usa-patriot.html .) Media must not let
this happen a second time-- there is too much at stake.
***
Read the Center for Public Integrity's Report on "Patriot Act II," along
with the full draft legislation:
http://www.public-i.org/dtaweb/report.asp?ReportID=502&L1=10&L2=10&L3=0&L4=0&L5=0
***
If you'd like to encourage media outlets to investigate this story,
contact information is available on FAIR's website:
http://www.fair.org/media-contact-list.html
***
CORRECTION: FAIR's 2/10/03 Media Advisory, "A Failure of Skepticism in
Powell Coverage," mistakenly referred to Hans von Sponeck as a former U.N.
weapons inspector. Von Sponeck is a former U.N. humanitarian coordinator
for Iraq.
----------
Please support FAIR by subscribing to our bimonthly magazine, Extra! For more
information, go to: http://www.fair.org/extra/subscribe.html . Or call 1-800-847-3993.
FAIR SHIRTS: Get your "Don't Trust the Corporate Media" shirt today at FAIR's online
store:
http://www.merchantamerica.com/fair/
FAIR produces CounterSpin, a weekly radio show heard on over 130 stations in the U.S.
and Canada. To find the CounterSpin station nearest you, visit
http://www.fair.org/counterspin/stations.html .
FAIR's INTERNSHIP PROGRAM: FAIR accepts internship applications for its New York
office on a rolling basis. For more information, see:
http://www.fair.org/internships.html
Feel free to respond to FAIR ( [EMAIL PROTECTED] ). We can't reply to everything, but we
will look at each message. We especially appreciate documented examples of media bias
or censorship. And please send copies of your email correspondence with media outlets,
including any responses, to [EMAIL PROTECTED] .
You can subscribe to FAIR-L at our web site: http://www.fair.org . Our subscriber list
is kept confidential.
FAIR
(212) 633-6700
http://www.fair.org/
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DECLARATION & DISCLAIMER
==========
CTRL is a discussion & informational exchange list. Proselytizing propagandic
screeds are unwelcomed. Substance�not soap-boxing�please! These are
sordid matters and 'conspiracy theory'�with its many half-truths, mis-
directions and outright frauds�is used politically by different groups with
major and minor effects spread throughout the spectrum of time and thought.
That being said, CTRLgives no endorsement to the validity of posts, and
always suggests to readers; be wary of what you read. CTRL gives no
credence to Holocaust denial and nazi's need not apply.
Let us please be civil and as always, Caveat Lector.
========================================================================
Archives Available at:
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<A HREF="http://peach.ease.lsoft.com/archives/ctrl.html";>Archives of
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