American Government and Organization PS1301 Wednesday, 3 December Quiz What is the Patriot Act? Policy Responses to 9/11 National Security Joint resolution on 14 Sept. ‘to use all necessary and appropriate force against nations…that he determines planned…the terrorist attacks” Patriot Act (October 2001) Department of Homeland Security Economic Airline relief bill (October 2001) Military Response Invasion of Afghanistan War in Iraq Other policy options not adopted or abandoned: TIPS – Terror Information and Prevention System (govt./private sector workers ‘spies’) see www.citizencorps.gov Terror Futures Market Traders could buy and sell futures contracts based on their predictions about what would happen in the region. Racial profiling at airports Patriot Act Summary Enhances executive branch’s power to conduct surveillance, search for money laundering, share intelligence with criminal prosecutors and charge/detain suspected terrorists with crimes. Patriot Act Provisions Relaxes restrictions on information sharing between U.S. law enforcement and intelligence officers about suspected terrorists. Makes it illegal to knowingly harbor a terrorist Authorizes "roving wiretaps," Allows the federal government to detain non-U.S. citizens suspected of terrorism for up to seven days without specific charges. Allows law enforcement officials greater subpoena power for e-mail records of terrorist suspects. Triples the number of Border Patrol, Customs Service Inspectors and Immigration and Naturalization Service inspectors Expands measures against money laundering Eliminates the statute of limitations for prosecuting the most egregious terrorist acts Patriot Act – Threat to Civil Liberties Change in protections from unreasonable search and seizure Detention of non-citizens, immigrants Racial profiling Re-emergence of Patriot Act on the Agenda – end of August 2003 A report on Tuesday's deadly attack at the U.N. headquarters in Baghdad that left a reported 20 people dead Ashcroft defends patriot act – see video clip Video Weighing the Patriot Act: Background Weighing the Patriot Act: Discussion The Newshour with Jim Lehrer [PBS] August 19, 2003 CBS News/New York Times Poll. Nov. 20-24, 2002. N=996 adults nationwide. MoE ± 3 (total sample). . "Which concerns you more right now -- that the government will fail to enact strong anti-terrorism laws, or that the government will enact new anti-terrorism laws which excessively restrict the average person's civil liberties?" ALL Republicans % % % % Fail to enact strong laws 40 53 29 40 Excessively restrict liberties 44 29 59 43 Both (vol.) 2 3 1 2 Neither (vol.) 3 5 1 3 Don't know 11 10 10 12 . Demo- Indepencrats dents Civil Liberties vs. National Security Selected post 9/11 court rulings Rights of Enemy Combatants Al Odah v. United States (March 2003 D.C. Circuit Court “aliens detained outside the sovereign territory of the U.S.’ do not enjoy constitutional protections Hamdi v. Rumsfeld (july 2002) U.S. citizen arrested in Afghanistan Sought access to lawyer, 4th circuit, overturned previous ruling denying right Other post 9/11 decisions Closed Hearings North Jersey Media Group Inc. v. Ashcroft Oct. 2002) Defer to AG [3rd district court] Detroit Free Press v. Ashcroft 6th circuit court, rejected blanket closure, must decide on case by case basis