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Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign, IL 61820 USA
217-333-7954(voice)
217-244-1478(fax)
-----Original Message-----
From: Boyle, Francis
Sent: Thursday, November 29, 2001 1:45 PM
To: Killeacle (E-mail)
Subject: Bush's Police State Power Grab
From: Boyle, Francis
Sent: Thursday, November 29, 2001 1:45 PM
To: Killeacle (E-mail)
Subject: Bush's Police State Power Grab
In Name
of Security, Thousands
Denied
Constitutional Rights
Constitutional Rights
The federal government wants Americans to believe that the Constitution only
applies
when
it says so.
Exclusive to American Free Press
it says so.
Exclusive to American Free Press
By Christopher
Bollyn
The actions taken by President George W. Bush and Attorney General John Ashcroft in
secretly detaining untold numbers of individuals and calling for secret military tribunals to
handle captured Taliban and Al Qaeda prisoners have been condemned as “a constitutional
coup d’etat” which may lead to a “police state,” according to experts on constitutional and
international law.
The actions taken by President George W. Bush and Attorney General John Ashcroft in
secretly detaining untold numbers of individuals and calling for secret military tribunals to
handle captured Taliban and Al Qaeda prisoners have been condemned as “a constitutional
coup d’etat” which may lead to a “police state,” according to experts on constitutional and
international law.
While most if not all the detainees “look Arab” now, experts warn, tomorrow’s
detainees
could be blond, blue-eyed—or you.
could be blond, blue-eyed—or you.
“What we’ve seen, since Sept. 11, if you add up every thing that Ashcroft, Bush
and
their
coterie of federalist society lawyers have done here, is a coup d’etat against the United
States Constitution,” said Francis A. Boyle, professor of international law at the University
of Illinois. “When you add in the Ashcroft police state bill that was passed by Congress . . .
that’s really what we’re seeing now.
coterie of federalist society lawyers have done here, is a coup d’etat against the United
States Constitution,” said Francis A. Boyle, professor of international law at the University
of Illinois. “When you add in the Ashcroft police state bill that was passed by Congress . . .
that’s really what we’re seeing now.
“Since Sept. 11, we have seen one blow against the Constitution after another,”
Boyle
said.
“Recently, we’ve had Ashcroft saying that he had, unilaterally, instituted monitoring of
attorney-client communications without even informing anyone—he just went ahead and did
it, despite the Fourth Amendment ban on unreasonable searches and seizures without
warrant and the Sixth Amendment right to representation by counsel.”
“Recently, we’ve had Ashcroft saying that he had, unilaterally, instituted monitoring of
attorney-client communications without even informing anyone—he just went ahead and did
it, despite the Fourth Amendment ban on unreasonable searches and seizures without
warrant and the Sixth Amendment right to representation by counsel.”
The criminal investigation into the attacks, the largest in U.S. history, has
netted about
1,200
detainees. But the Justice Department has failed to build a case against a single prime U.S.
suspect in the terrorist attacks.
detainees. But the Justice Department has failed to build a case against a single prime U.S.
suspect in the terrorist attacks.
BAD EVIDENCE
Nine weeks after the Sept. 11 terrorist attacks, federal authorities said on
Nov. 15 that
they
had found no evidence indicating that any of the roughly 1,200 people detained in the United
States played a role in the suicide hijacking plot.
had found no evidence indicating that any of the roughly 1,200 people detained in the United
States played a role in the suicide hijacking plot.
However, numerous legal protections, based on constitutional and international
treaties,
appear to have been ignored or violated in the case of the 1,200 detainees.
appear to have been ignored or violated in the case of the 1,200 detainees.
“We are becoming a banana republic here in the United States, with ‘disappeared’
people,
which was the phenomenon that we all saw down in Latin American dictatorships in the
1970s and 1980s, with the support, by the way, of the United States Government,” Boyle
said.
which was the phenomenon that we all saw down in Latin American dictatorships in the
1970s and 1980s, with the support, by the way, of the United States Government,” Boyle
said.
“We don’t know where they are or the conditions under which they are being held.
We
have no idea wheth er they have access to attorneys. We do know one of them died, under
highly suspicious circumstances, while in custody. There have been reports that he was
tortured to death,” he said.
have no idea wheth er they have access to attorneys. We do know one of them died, under
highly suspicious circumstances, while in custody. There have been reports that he was
tortured to death,” he said.
The Constitution protects aliens in the United States, according to Boyle.
“Clearly
aliens
here are entitled to the protections of the due process clause of the Fifth Amendment , as
well as to the Article III (Section 2, Clause 3) basic constitutional rights in criminal cases,
including indictment, trial before a federal district judge or jury, [rights relating to] venue and
things of that nature,” Boyle said.
here are entitled to the protections of the due process clause of the Fifth Amendment , as
well as to the Article III (Section 2, Clause 3) basic constitutional rights in criminal cases,
including indictment, trial before a federal district judge or jury, [rights relating to] venue and
things of that nature,” Boyle said.
“I’m surprised there hasn’t been more of an outcry,” said Robert B. Reich,
secretary
of
labor under President Bill Clinton, about the long-term detentions and the administration’s
plans to monitor conversations be tween lawyers and terrorism suspects in federal custody.
“The president is, by emergency decree, getting rid of rights that we assumed that anyone
within our borders legally would have. We can find ourselves in a police state step-by-step
without realizing that we have made these compromises along the way.”
labor under President Bill Clinton, about the long-term detentions and the administration’s
plans to monitor conversations be tween lawyers and terrorism suspects in federal custody.
“The president is, by emergency decree, getting rid of rights that we assumed that anyone
within our borders legally would have. We can find ourselves in a police state step-by-step
without realizing that we have made these compromises along the way.”
The foreign detainees are also protected by international law under treaties,
including
the
International Covenant on Civil and Political Rights and the Vienna Convention on Consular
Relations (VCCR).
International Covenant on Civil and Political Rights and the Vienna Convention on Consular
Relations (VCCR).
The International Covenant on Civil and Political Rights, to which the United
States
government is a party, affords basic due process protections to everyone here in the United
States, irrespective of their citizenship, according to Boyle.
government is a party, affords basic due process protections to everyone here in the United
States, irrespective of their citizenship, according to Boyle.
The VCCR of 1963 calls for notification “without delay” of consular officials
when one
of
their nationals has been arrested or “detained in any other manner.”
their nationals has been arrested or “detained in any other manner.”
Although Egypt, Pakistan, Syria, and Saudi Arabia are party to the VCCR along
with
the
United States, the Justice Department told AFP that it is using an abbreviated list of nations,
the Mandatory Notification Countries, which includes only one Middle Eastern nation,
Kuwait.
United States, the Justice Department told AFP that it is using an abbreviated list of nations,
the Mandatory Notification Countries, which includes only one Middle Eastern nation,
Kuwait.
Spokesmen from the Justice and State Departments could not confirm to AFP that
the
United States was abiding by the terms of the VCCR and notifying the consulates of the
detainees. However, Kareem Shora, legal adviser at the American Arab
Anti-Discrimination Committee, said that it had received at least 10 complaints that this was
not the case.
United States was abiding by the terms of the VCCR and notifying the consulates of the
detainees. However, Kareem Shora, legal adviser at the American Arab
Anti-Discrimination Committee, said that it had received at least 10 complaints that this was
not the case.
The Justice Department is planning to “round up” and question some 5,000 men,
mostly
from Middle Eastern countries, who entered the U.S. legally within the past two years.
“When will the FBI, the CIA and the National Secur ity Agency start to turn these powers,
that they have under the Ashcroft police state bill, against American citi zens?” Boyle asks.
“Clearly, that will be the next step.”
from Middle Eastern countries, who entered the U.S. legally within the past two years.
“When will the FBI, the CIA and the National Secur ity Agency start to turn these powers,
that they have under the Ashcroft police state bill, against American citi zens?” Boyle asks.
“Clearly, that will be the next step.”
BAD PRECEDENT
Concerning the executive order calling for military tribunals to try alleged al
Qaeda
members, or even former al Qaeda members, in Afghanistan, Boyle says there is an “even
more serious problem.”
members, or even former al Qaeda members, in Afghanistan, Boyle says there is an “even
more serious problem.”
“The third and fourth Geneva Conventions, of 1949, clearly apply to our conflict
now
with
Afghanistan,” Boyle says. “These alleged al Qaeda members would be protected either by
the third Geneva Convention, if they are fighters incorporated into the army there in
Afghanistan, or by the fourth Geneva Convention, if they are deemed to be civilians. Both
conventions have very extensive procedural protections on trials that must be adhered to.”
Afghanistan,” Boyle says. “These alleged al Qaeda members would be protected either by
the third Geneva Convention, if they are fighters incorporated into the army there in
Afghanistan, or by the fourth Geneva Convention, if they are deemed to be civilians. Both
conventions have very extensive procedural protections on trials that must be adhered to.”
Although a trial can be held, there are extensive rules and protections and
basic
requirements of due process of law, set forth in these treaties that must be applied. Failures
to apply these treaties would constitute war crimes, according to Boyle.
requirements of due process of law, set forth in these treaties that must be applied. Failures
to apply these treaties would constitute war crimes, according to Boyle.
The executive order calling for secret military tribunals is extremely dangerous
because
it
invites reprisals by the Taliban, Boyle says. “What it is basically saying to the Taliban
government and to al Qaeda is, ‘We are not going to give you the protections of either the
third or fourth Geneva Conventions’ guarantees on trials.’ What that means is that they
could engage in reprisals against captured members of the United States Armed Forces.
invites reprisals by the Taliban, Boyle says. “What it is basically saying to the Taliban
government and to al Qaeda is, ‘We are not going to give you the protections of either the
third or fourth Geneva Conventions’ guarantees on trials.’ What that means is that they
could engage in reprisals against captured members of the United States Armed Forces.
“It opens up our own armed forces to be denied prisoner-of-war treatment,” he
said.
“So,
what we’re doing here is exposing them to a similar type of treatment, which would be a
summary trial, in secret, subject to the death penalty.”
what we’re doing here is exposing them to a similar type of treatment, which would be a
summary trial, in secret, subject to the death penalty.”
Francis A. Boyle
Law Building
504 E. Pennsylvania Ave.
Champaign, IL 61820 USA
217-333-7954(voice)
217-244-1478(fax)
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