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We have just heard a litany of horrible things that we are all dealing
with all the time now and we've been dealing with for the last four years,
and I don't know how many of you feel overwhelmed with it, but I do every
day. I feel overwhelmed with all that's happening. The executive branch is
now so far out of control that I'm really not sure how long it is going to
take before we can restore our liberties, our Bill of Rights and our
fundamental freedoms. The house cleaning that must take place, the
dismantling of the repressive system that has now permeated our society,
will be enormous.
We will be very, very old when we've completed this work and that's what I
believe, and in order to sustain hope, I look back to people like Ida B.
Wells, who, at the beginning of this century was fighting against the
lynching of African Americans, the murder, the systemic murder of African
Americans in this country - hundreds of human beings killed every year in
the south - they were murdered. And Ida B. Wells lived her whole life
trying to get Congress to enact a Lynch Law that would stop that kind of
murderous behavior, and throughout her life, she never saw Congress take
action, and indeed, there is still not a law against lynching in this
country. If you recall many of the murders during the civil rights era,
those murders were not prosecuted under the kinds of lynching laws that
Ida B. Wells was seeking. They were prosecuted under civil rights laws, as
if all that was wrong with the killings was that those people's civil
rights had been violated. So, even 75 years after her death, we still need
anti-lynching laws, and we've got a ton of work to do on the Bill of
Rights. We've got a ton of work to do to protect activists. There is no
shortage of work to be done.
Despite the fact that we may not live to see all that needs to change, I
think it is really important that we keep going. Fortunately, there is a
core of people as some people have said, it only takes a small, committed
group of people - Margaret Mead said this - it only takes a small group of
committed people to change the world.
We can do it, and some of those groups of committed people are the Bill of
Rights Defense Committees throughout the country. The movement started
with a single Bill of Rights Defense Committee in Northampton,
Massachusetts, looking for a way to speak out against the PATRIOT Act,
passed in 2001, while it was still warm in the hands of Congressional
members, who were asked to pass it in the dead of night, while anthrax
spores were being cleaned from Capitol offices.
Despite the passage of the PATRIOT Act, these ordinary people said: there
has got to be another way to fight back against this, and so they started
forming these Bill of Rights Defense Committees and they started going to
their city councils and they started asking their city councils to pass
resolutions opposing the PATRIOT Act and some of these other post-9/11
orders that violate our Bill of Rights. The very first resolution that was
passed was in Ann Arbor, Michigan, and it was directly in response to the
persecution of a beloved community member named Rabbih Haddad, who ran an
Islamic charity. The feds accused him of having funneled that charity
money to terrorist groups. It was an allegation. Those charges were never
taken to court, and yet they were used to intimidate Rabbih Haddad. It was
used to drive him out of the country, and a lot of other Islamic people. A
lot of other Arab Muslim people have been driven out of the country based
on those kinds of allegations - nothing proven, and you're just deported.
So, we're talking about people on the front lines: Muslim people who were
broadsided right after September 11. Eleven hundred Arab and Muslim men
were put into jails in places like Passaic, New Jersey, and at the
Brooklyn Metropolitan Detention Center. They were slammed up against
walls, faces bloodied on the American flag that hung there with the words,
"These Colors Don't Run." And it was only much later that we found out
about the abuses that those people suffered. And just this week, the
federal government agreed to pay one of the men held in those jails
$300,000 for his suffering. So, finally, a little light, a little piece of
justice coming in to address some of these abuses.
To address these and other abuses, many communities have passed
resolutions against the PATRIOT Act and other post-9/11 violations of our
Bill of Rights. There are 405 resolutions now. The most recent was the
State of California, our country's most populous state. I am giving you
this news because I know you have not seen it in the paper. I know you
haven't seen it on TV. I have seen only two small articles about it, and I
have been looking. The state of California passed a resolution opposing
the PATRIOT Act. They passed it in time for Barbara Boxer and Diane
Feinstein to realize that their state was actually standing up in
opposition to these kinds of anti-terrorist policies that are really
targeting ordinary innocent people and activists, and yet California's
groundswell of opposition to the PATRIOT Act was completely ignored.
It took Senator Russ Feingold, from Wisconsin, to stand up in Congress
just last week and read to his Senate colleagues the Bill of Rights and
the Constitution and the eight resolutions that have been passed by the
states of California, Vermont, Maine, Hawaii, Alaska, Idaho, Montana, and
Colorado. Besides the eight statewide resolutions he read, 397 resolutions
have been passed by community and county governments.
This movement, this grassroots movement to reassert our Bill of Rights
exists in communities all over the country. There are people like you who
care about our liberties, who have been fighting very hard to get these
Bill of Rights resolutions passed in their communities to show Congress
the importance of not trading liberty for a false sense of security.
We have a lot of work to do in 2006 and beyond. We need to continue to
confront our Congressional representatives and say: "Where were you last
week when the PATRIOT Act re-authorization came up, and there were only 10
people in the Senate who were willing to vote against it?" I don't care
what you say, Senator Harry Reid from Nevada, when you say, "Oh well, we
didn't like it. It wasn't the best it could have been, but we had to go
ahead and vote on it." No. Sorry, that doesn't cut it, that doesn't cut it
when we're talking about the Bill of Rights. I've got bookmarks of the
Bill of Rights here. I want all of you to take one because you are going
to need to know what your rights are because Congress and the White House
are crossing off big sections of your rights.
During all of the PATRIOT Act reauthorization hearings last year,
representatives in the House and Senate were saying to us, "If you can
find abuses of the PATRIOT Act, tell us about those abuses. We'd be happy
to hear about them." Dianne Feinstein said, "If you can ever find an abuse
of the Patriot Act, I'd be happy to not support it." Well, I'm sorry, but
the PATRIOT Act is an abuse itself. It's shrouded in secrecy! It's very
hard to find out what the abuses are when, if your house has been
searched, you don't even know about it, and if your library records were
searched, the librarian can't tell you. She or he is under a gag order.
So, back in July last year, when the House and Senate passed their
reauthorization bills, we didn't have a lot of abuses to report, because
the abuses weren't known back then. But then, starting in October, we
started learning about some of what was going on behind the scenes -
abuses we hadn't known about before because they were still secret.
In October, for instance, we learned that the Electronic Privacy
Information Center, EPIC, had filed a Freedom of Information Act request
to get information about how the FBI had been using its PATRIOT Act
powers. What EPIC found out from the released information was that the FBI
didn't always file its warrants with FISA, the Foreign Intelligence
Surveillance Court, which used to be used only to spy on foreign
intelligence agents in the United States, expanded by the Patriot Act so
now it can be used against any of us. So, EPIC learned the FBI was not
always going to the FISA court right away to ask for those warrants. Some
agents would start an investigation without going to FISA. But once this
hit the news, it was immediately dismissed. "Well, you know, those FBI
agents were not really well-trained. That was the problem. They weren't up
on all of the newest procedures." I am looking at this and I'm thinking,
"What do you mean they weren't up on the newest procedures? The old
procedures were that they had to go to the FISA court. The new procedures
were that they still had to go to the FISA court, but the requirements for
getting a warrant were just a little more lax."
So, what that told me was that after the PATRIOT Act gave the FBI so many
new tools, the FBI standards had become very lax, to the point that these
FBI agents seem to think that they can just go ahead and start their
investigation without going to FISA. To me, it's a serious abuse, and
Congress should have begun holding hearings on these abuses of the PATRIOT
Act. We should have been seeing hearings on this, in October, and
November, and December, before the 16 provisions of the PATRIOT Act were
supposed to sunset.
Then, in November, we learned that the FBI has been using National
Security Letters to get information without having to go through the FISA
Court. Instead of going to libraries and getting records through Section
215, which would require them to go through FISA, the FBI had been using
National Security Letters, which are written by an FBI Special Agent in
Charge. So, these are warrants that don't even go to court. This is just a
Special Agent in Charge who writes a letter without court oversight.
According to an article in the Washington Post, the FBI has been issuing
30,000 of these National Security Letters in each of the last four years.
That means millions of documents, from your rental car agency, your
airline agency, your storage unit, your library - they've been issuing
national security letters to get this information on ordinary Americans.
Then when they look at all these records and see what they've got, they
say, "Oh well, that person isn't involved with terrorism, and that person
isn't involved with terrorism." Yet they don't throw away those records of
innocent Americans. They keep them in a database. Not only do they keep
those records, but they are allowed to distribute them to other
governmental agencies and private corporations. So, the American public
learned about this abuse of the PATRIOT Act in November, and I'm beginning
to think, "Hearings - where are the Congressional hearings? Why is it that
- now that we've learned of these abuses that Dianne Feinstein wanted to
hear about - there are no Congressional hearings?"
And then, the bombshell drops. On December 16, 2005, when the Senate was
getting ready to re-authorize the Patriot Act right at the last minute, a
bombshell drops. The New York Times reported that President Bush decided
shortly after 9/11 that he would use the National Security Agency to
wiretap our electronic communications and he dares Congress to stop him
because he says it is his inherent right as Commander in Chief. And when
Alberto Gonzales went before Congress in January, that was his stance.
Wiretapping Americans without a warrant from FISA is a felony, punishable
by up to five years in prison. But now, it looks like Congress is backing
down and saying, "Well, I guess we have to re-write the law to make what
you did was legal, President Bush."
In November we learned about the Pentagon spying on activists. We learned
the government has been spying on activists: groups like PETA, Greenpeace,
even the Quakers ... and we have this quote, from John Miller, FBI
assistant director of public affairs. "You end up in FBI files, with your
name and your group's name, because you're doing stuff."
It sounds like the FBI has done a pretty good job of sticking to those
rules, and I now want a definition of "stuff." What does "doing stuff"
mean? It doesn't seem to matter. The government appears ready to spy on us
when it wants to, and we're really going to have to organize and engage in
some serious struggle to make them stop. We all need to stand up, because
the more of us who stand up ... they just can't arrest us all, and this
really may be time for acts of civil disobedience.
One more little scary thing that is coming your way that was in this
PATRIOT Act re-authorization. It was sneaked in, never debated, never
discussed. It is one of those things the White House wrote and slipped in
there, and there have only been perhaps two newspaper articles about it
that I've ever seen.
Section 602 - it's titled Interference with National Special Security
Events. It amends Section 1752 of Title 18, United States Code, so that
anyone who willfully or knowingly enters or remains in a posted off or
cordoned off area, where the President or other person protected by the
Secret Service is visiting, will be subject to a fine or imprisonment for
not more than 10 years, or both if the person carries a deadly or
dangerous weapon or if significant bodily injury results. The second
penalty would be a fine or imprisonment for not more than a year or both -
that is, if there is no weapon or injury involved.
So, I looked up Section 1752 of Title 18, US Code, and learned that, prior
to this provision, if you knowingly and willingly entered or remained in
an area that was posted off or cordoned off by the Secret Service you
could've gotten a fine or six months in jail. And what we are talking
about here is when the President comes to visit. The Secret Service says,
"It's going to be in this airplane hanger, and everybody who comes in here
is our guest," and if you're there and they want you to leave, you better
go, because if you don't leave you can be arrested. So, it used to be a
fine or six months in jail for remaining in those exclusion zones. Well,
now, it's either a fine and/or a year in prison or a fine and/or 10 years
in prison. When I read this sneaked-in provision back in July or August, I
thought, "Why is the government trying to over-regulate these presidential
and vice presidential events? Then, immediately, I flashed back to 2004
during the presidential election campaign. I don't know how many of you
are aware that, in this community and in communities all over the country,
there were people who tried to attend Bush/Cheney events, and they were
either arrested or they were sent out or they were harassed in some other
way.
I mean, this isn't just Perrie Patterson, a soccer mom here in Eugene, who
shouted "No!" at a Cheney event and was arrested, and this isn't just the
three teachers in Medford, Oregon, who were wearing T-shirts that said
"Protect our civil liberties" and were kicked out. This is also a high
school kid in Iowa, who had a ticket to a Bush/Cheney event, and was asked
to remove his button, which said "Bush/Cheney '04, leave no billionaire
behind." That wasn't the scary part. The scary part was when the Secret
Service staffer said to him, "If you protest, it won't be me taking you
out, it'll be a sniper." The high school student reportedly said, "That
kind of scared the heck out of me."
When government employees are starting to talk like this, where is this
going? Where are we headed here, when these kinds of innocent actions that
are protected by our First Amendment elicit threats from a government
employee? The First Amendment clearly protects "the right to ... petition
the government for a redress of grievances." It's in the First Amendment,
and now our government is isolating our representatives to make sure that
they don't hear anything we have to say and that the press don't
photograph the President surrounded by people who oppose his policies.
So, I'm really concerned about that. I'm especially concerned about it
because it's quiet, and the newspapers aren't reporting it fully, and so
people aren't talking about it. And I think this exclusion zone provision
is a law we will have to deliberately fight against. More and more people
in Eugene are engaging in civil disobedience actions. It's a time-honored
tradition - Henry David Thoreau, Mahatma Gandhi and Martin Luther King Jr.
all practiced civil disobedience against repressive governments. Civil
disobedience is nothing to be afraid of. It should be a conscious act. It
should be taken on with people that you trust and that you know, and you
should know exactly what you're doing when you get into it. It's not a
lark. Not a spur-of-the-moment event.
I'm not seeing many other options for getting our rights back, quite
frankly, seeing how Congress is capitulating. They're ready to write the
law just as the White House wants it written. We've got until November to
elect representatives who will stand up for our Bill of Rights. We have
until 2008 before Bush leaves office, but many years to go before we will
be able to completely dismantle the repressive machinery he has built. I
hope that you'll join me and join other grassroots groups in doing all the
work that is necessary to restore our essential liberties our Bill of
Rights.
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