-Caveat Lector-

http://www.latimes.com/news/printedition/suneditorials/la-ed-court5jan05,0,
6336702.story?coll=la%2Dsunopinion%2Deditorials

RIGHTS AND THE NEW REALITY
When Justice Goes Mute

January 5 2003

The American people are losing rights and freedoms each time a federal
judge sides with the Bush administration's blanket orders to close
courtroom doors, silence detainees or withhold evidence from defense
lawyers.

Last week, a three-judge panel added another notch to the president's
victory column by ruling that government agents could shut down a
U.S.-based Islamic charity and then refuse to give any evidence to defense
lawyers -- or the public -- of the group's alleged links to international
terrorists.

The Global Relief Foundation, based in Illinois, is one of the world's
largest Islamic charities. The president insists that it was directing
contributions to terrorists. In December 2001, U.S. Treasury agents froze
its bank accounts and confiscated computers.

Maybe Global Relief does aid terrorists. Maybe it doesn't, as the
organization's lawyers insist. But by letting the government keep secret
its evidence, the judges have rendered worthless the group's constitutional
due process rights, including the right to contest these allegations. "If
there is ... evidence," the charity's lawyer said, "it's evidence I've
never seen."

Even before the Sept. 11 attacks, government secrecy was sometimes
necessary. Defense lawyers in cases involving national security got special
clearance to review classified information or received specially edited
versions of those documents. Now, they apparently get nothing.

American citizens should be more than a little alarmed at a lengthening
chain of decisions in which judges sanction presidential actions shredding
constitutional rights and limiting the openness that democracy needs to
function. A federal trial judge last month upheld President Bush's odious
policy of naming U.S. citizens as enemy combatants and detaining them
indefinitely without charges or a trial, even as the judge ruled that those
detainees had the right to meet with a defense lawyer. And in October, a
divided federal appeals court in Philadelphia declared that the government
may legally order immigration courts to hold all deportation hearings in
secret for individuals targeted in the post-Sept. 11 sweeps.

Few doubt that the leaders of some charities operating in the U.S. are
funneling money to homicidal zealots abroad while staff members ladle soup
to hungry Muslim families. But when the administration and the courts
imperiously ignore the Constitution to protect against this possibility,
they lay the legal groundwork for a nation in which, far-fetched as it
sounds now, federal agents could shut down the United Way and, when the
public asked why, respond: "None of your business."
If you want other stories on this topic, search the Archives at
latimes.com/archives. For information about reprinting this article, go to
www.lats.com/rights.

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 Copyright 2003 Los Angeles Times

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