My Turn: We can be both safe and free
On Sept. 11, our nation's leaders decried the terrorist-inflicted carnage as an attack on America's freedom. The American Civil Liberties Union shares the outrage and sorrow of all Americans over these tragic, senseless attacks. But if the murderers who perpetrated these vicious acts thought that they could rob us of our cherished liberties, they were wrong. No terrorists, no act of war will ever have the power to separate Americans from the freedoms we hold so dearly in our hearts - unless we choose to give them that power. It's easy to stand up in defense of civil liberties in times of tranquility; true courage requires that we maintain that fortitude in times of crisis. As we send American soldiers overseas to fight in defense of our freedoms, we do these brave men and women an unforgivable disservice if we now voluntarily surrender those very freedoms to the U.S. government in exchange for a false sense of security.
Clearly, we must make some changes to improve security. For example, the ACLU supported many recently enacted airport security measures that improve safety without infringing on civil liberties. We can be both safe and free, if Americans stay vigilant. But we cannot as a nation allow our legitimate public anxiety to immunize the administration and Congress from their obligation to protect the Bill of Rights and the fundamental values that document embodies. To paraphrase Benjamin Franklin and Thomas Jefferson: Those who would trade essential liberty for a little temporary security will sacrifice both and deserve neither.
In the aftermath of Sept. 11, the ACLU urged Congress to approach cautiously new legislation now referred to as the USA-PATRIOT Act, saying that many of its provisions go far beyond any powers conceivably necessary to fight terrorism. Despite vehement opposition from members of a comprehensive left-right coalition, including the ACLU, Gun Owners of America and the Eagle Forum, this sweeping legislation was rushed through Congress at lightning speed with virtually no debate under intense pressure from the administration.
Among the most troubling provisions in the USA-PATRIOT Act signed into law by President Bush last month are measures that would give the government new and unchecked powers that can be used against Americans not under criminal investigation and those whose First Amendment activities are deemed by the attorney general to be threats to national security. The bill would also allow for the mistreatment of immigrants, the suppression of dissent and the widespread covert investigation and surveillance of wholly innocent Americans. Indeed, most of these new powers could be used against American citizens in routine criminal investigations completely unrelated to terrorism. The ACLU has pledged to work with the administration to monitor the implementation of this new law.
The Bill of Rights was dealt another needless blow on Nov. 13 when President Bush issued an executive order allowing special military tribunals to try non-citizens charged with terrorism, including lawful permanent residents of the United States. The use of military tribunals would apparently authorize secret trials without a jury and would limit a defendant's opportunities to confront the evidence against him - even in situations where defendants are facing the death penalty. It is difficult to understand how the administration can justify the use of such a tribunal. As the prosecutions of the 1993 World Trade Center bombers and Oklahoma City bomber Timothy McVeigh demonstrate, the government has managed to safeguard confidential information and protect the safety and identity of jurors while achieving convictions of citizens and non-citizens in terrorism cases.
Moreover, it would be hypocritical of the United States to impose such a tribunal when we have repeatedly protested the use of such courts against U.S. citizens abroad. Congress has already given the administration and the Justice Department virtually everything they asked for to fight terrorism. This latest move, combined with the Justice Department's announced intentions to eavesdrop on attorney conversations with inmates and to begin interrogating foreign visitors to the United States, demonstrates the government's increasing willingness to circumvent the requirements of the Bill of Rights.
Jennifer Rudinger is the executive director of the Alaska Civil Liberties Union.