According to recent press reports, the Justice Department is crafting a supplement to the USA Patriot Act, entitled the “Domestic Security Enhancement Act of 2003”. A draft of the proposed legislation was obtained by the Center For Public Integrity, and is available on their web site (www.publicintegrity.org).

The initiatives outlined by the Domestic Security Enhancement Act would supplement the broad new police and intelligence powers adopted by the administration over the past year and a half. Taken together, the sum of these national security initiatives constitute the largest assault on constitutional freedoms in modern American history. Overly broad in their design, they open the door to widespread abuse of civil rights under the rubric of counter-terrorism. In particular, provisions of the Domestic Security Enhancement Act directly subvert the Bill of Rights by allowing the executive branch to expatriate U.S. citizens and strip them of their civil liberties based upon actions or conduct defined by as the executive branch as “terrorism”.

Due to the fact that this proposal has been made public in advance of submission to congress, citizens now have a unique opportunity to build opposition to derail this proposed bill. As with the TIPS informant program and the Total Information Awareness System, public outcry has been instrumental in hampering (and in the case of TIPS) even curtailing some of the more draconian administration security measures.

Immediate action is imperative, as events are moving rapidly. If, as many observers fear, a U.S. military strike on Iraq precipitates terror attacks in the U.S., the charged political atmosphere will make the repeal or amendment of this DOJ proposal more difficult. As was the case with the Patriot Act, the administration may attempt to railroad the legislation through in a moment of crisis.

Contact your congressional representatives, and urge them to vote against this proposed bill. Sample language for e-mails and faxes is included below. In time sensitive matters, following up with a call is also recommended. Senate information at www.senate.gov. House information at www.house.gov.

Refer to the draft language below for more information on the specifics of the new DOJ proposal.


Dear (Senator/Representative) _____________,

Recent press reports indicate that the Justice Department has developed a new set of counter-terror initiatives which may be soon introduced to Congress as legislation. This DOJ proposal is currently entitled the “Domestic Security Enhancement Act of 2003”.

Like its predecessor, the USA Patriot Act, this bill grants the federal government sweeping new police and intelligence powers. As was the case with the Patriot Act, these new Justice Department proposals create powers which contradict many of the fundamental tenets of the Bill of Rights. Some of the most problematic of these provisions are:

Section 501. Under the terms of this provision, the federal government could revoke the citizenship of American citizens whom the executive branch identifies as terrorists. Formerly, a US citizen had to state his or her intent to renounce their citizenship before expatriation occurred. Under the DOJ proposal, the government could decide to expatriate a citizen based on intent that could be “inferred from conduct.” This would effectively give the government the power to suspend the constitutional liberties of any citizen, on its sole authority.

Section 312. This section would create a statute terminating most state law enforcement consent decrees. Over the last thirty years, many states and municipalities have passed consent decrees designed to prohibit law enforcement agencies from spying on the legal activities of individuals and political groups. This statute would overturn many of these decrees, expanding the ability of state law enforcement agencies to surveil citizens without proof of criminal activity. The statute would also limit the ability of courts to issue injunctions against such activity.

Sections 301-306. These sections authorize the creation of a DNA database of “suspected terrorists”. The language of the statute is broad enough to include in the database persons who have committed no crime, but who have only associated with individuals or groups whom the executive branch defines as terrorist entities.

Section 201. This provision would increase the ability of the Justice Department to exempt information regarding terrorism suspects from the Freedom of Information Act. This statute would formalize the DOJ’s unprecedented current procedure of keeping the names of suspects held in terror investigations secret.

These proposals, particularly section 501, would severely undercut the freedoms of all American citizens. By granting the executive branch the ability to unilaterally revoke the civil liberties of any American, the Bill of Rights is rendered impotent. The powers delineated in Section 501 are not powers that should be granted to the government of any free society, and these powers clearly contradict the intentions of the nation’s founders.

While the prevention of terrorism is certainly a goal that all Americans share, counter-terrorism initiatives should not be used to undermine our Constitution, and to strip our citizens of their fundamental civil rights. If the “Domestic Security Enhancement Act” is introduced as legislation, I urge you to stand in defense of our traditional freedoms, by voting against this bill.

Sincerely,


(name)