You are hereCivil Rights / Liberties
Civil Rights / Liberties
EFF Demands Public Release of FBI Surveillance Rules | Press Release
Lawsuit Seeks Disclosure of Guidelines Governing Investigations of Americans
The Electronic Frontier Foundation (EFF) filed suit against the Department of Justice today, demanding the public release of the surveillance guidelines that govern investigations of Americans by the Federal Bureau of Investigation (FBI).
The FBI's Domestic Investigative Operational Guidelines went into effect in December of 2008 and detail the Bureau's procedures and standards for implementing the Attorney General's Guidelines on approved surveillance strategies.
Decision Allowing Yoo Lawsuit to Continue Carries Narrow Implications
Civil Rights Lawyers Hopeful District Court Ruling Could Be Persuasive
By Daphne Eviatar | Washington Independent
Since U.S. District Judge Jeffrey White ruled late Friday in San Francisco that former “enemy combatant” Jose Padilla can proceed with his lawsuit against “torture memo” author John Yoo, the decision has been interpreted by many in the media as a broad vindication of detainees’ rights to sue former Bush administration officials.
In fact, the ruling’s implications are narrower than that, and could also be appealed. But, still, the opinion has heartened some civil rights lawyers because it rejects many of the claims made by former Bush officials that they’re not liable for their actions formulating policy in the “war on terror.” That could persuade judges hearing other claims against former officials as well. The ruling also allows the civil case to move forward against John Yoo, and could in the process reveal significant new information not only about Yoo, but about his interaction with the White House, and exactly how he reached the legal conclusions that he did. That information could, in turn, be used against him in future criminal or congressional proceedings. Read more.
Hi Doug, Doug and Tom of "Wake Up Daytona" on WELE 1380 AM,
I've been listening in and am glad to hear you guys talking about the U.S. Constitution, the Founding Fathers, and "the Rule Of Law" on your program. Hopefully you will take the time to watch the following short YouTube videos from the recent gathering in Tampa of the Florida Oathkeepers and the speeches given by the national commander of The Patriots, Lt. Col. Robert M. Bowman, and the coordinator for the Orlando chapter of We Are Change Florida, Joshua Parrish.
By Linda Milazzo
As a critic of media, in particular of cable/satellite "news," I'm troubled by American corporate-media, specifically CNN's near non-stop coverage of the turmoil in Iran. Not because the story isn't important. It's critically important and warrants the personal coverage it's getting from the Iranian people as they bypass corporate channels to tell their stories on facebook, youtube, flickr and twitter.
Thanks to Iran's tech-savvy society, old-time corporate media is now relegated to the position of new-media aggregator, whoring its visibility to co-opt the Iranian people's new-media messages to America and the world. Old-media, and specifically CNN, are learning the difficult lesson that with or without their vast resources and state of the art studios, the Iranians' stories will be told. And they'll be told to tens of millions more viewers than cable and satellite programs tend to reach.
Dear Mr. President,
I'm a pretty patient guy, Mr. President. I must be, considering that while you were celebrating your 6th birthday I was putting my life on the line for my country, serving as a Military Policeman in Vietnam, even though I had to lie every minute of every waking hour to do so. I kept myself going with the faith that someday other patriotic gay and lesbian Americans would be able to proudly serve their nation without having to live a lie.
I must be a patient man, Mr. President. When you were 8 years old I gave up a promising law enforcement career with the Washington State Patrol rather than continue to put up with the incredible pressure of attempting to pass as a heterosexual. I kept myself going with the faith that someday GLBT people would be protected in their jobs from the whims of heterosexual bigots.
By David Swanson
Two statements, 144 years apart:
"The people of Texas are informed that in accordance with a Proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and free laborer."
Major General Gordon Granger, June 19, 1865.
By Dave Lindorff
President Barack Obama, referring to the violent attacks on protesters against the controversial election results in Iran’s just-completed presidential election, this week lectured Iran’s government, saying, “Peaceful dissent should never be subject to violence.”
Referring to the tens and hundreds of thousands of frustrated and angry Iranians who have taken to the streets accusing Iranian authorities of rigging the election in favor of incumbent President Mahmoud Ahmadinejad, Obama said that “the Iranian people and their voices should be heard and respected."
But there is a certain hypocrisy going on here.
New UN Report Denounces America's Human Rights Record
by Stephen Lendman
On May 26, the UN Human Rights Council issued a report titled "Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development - Report of the Special Rapporteur (Philip Alston) on extrajudicial, summary or arbitrary executions."
Alston was damning in his criticism regarding "three areas in which significant improvement is necessary if the US Government is to match its actions to its stated commitment to human rights and the rule of law:"
Sabin is the lead attorney for the Guantanamo Uighurs. Please read his message. -- Nancy Talanian
Bermuda's domestic govt is a parliamentary system. The release of the uighurs prompted the minority party to call for a vote of no confidence to unseat the government. Over the weekend the threat that this might succeed has grown. The men are now present under a discretionary grant by the sitting govt of guest worker status. If the govt is unseated, no one knows what will happen.
On an urgent basis, we need the international human rights community
speaking as loudly as possible in praise of the humanitarian decency shown by the bermuda govt. Statements should praise in particular premier Dr. Ewart Brown.
A man who claims he lost his job with a vendor for the Missouri Department of Corrections because of an anti-Bush letter has settled his federal lawsuit with the state for $150,000.
The Columbia Daily Tribune reported on its Web site Friday that Tim Kniest said the settlement equals three years of back pay. Read more.
Two of three people arrested in a southern Arizona home invasion that left a little girl and her father dead had connections to a Washington state anti-illegal immigration group that conducts border watch activities in Arizona.
Jason Eugene Bush, 34, Shawna Forde, 41, and Albert Robert Gaxiola, 42, have been charged with two counts each of first-degree murder and other charges, said Sheriff Clarence Dupnik of Pima County, Ariz....
Forde is the leader of Minutemen American Defense, a small border watch group, and Bush goes by the nickname "Gunny" and is its operations director, according to the group's Web site. Read more.
A plan to create a new Pentagon cybercommand is raising significant privacy and diplomatic concerns, as the Obama administration moves ahead on efforts to protect the nation from cyberattack and to prepare for possible offensive operations against adversaries’ computer networks.
President Obama has said that the new cyberdefense strategy he unveiled last month will provide protections for personal privacy and civil liberties. But senior Pentagon and military officials say that Mr. Obama’s assurances may be challenging to guarantee in practice, particularly in trying to monitor the thousands of daily attacks on security systems in the United States that have set off a race to develop better cyberweapons. Read more.
By Linda Milazzo
As angry uprisings take place in Iran over the questionable "re-election" of Mahmoud Ahmadinejad. As innocents are murdered at every corner of this planet - indeed at EVERY CORNER - when considering those at its furthest coordinates suffering the effects of global warming brought on by human greed -- there appears on this day a message of hope that can make us ALL smile.
Regardless of ideology, the common denominator I would hope true adults will agree on is that ALL children are OURS to protect. The clear right of passage to be an adult is the knowledge that our principal obligation is to protect and serve the world's children; that ALL children are precious and should be accorded their mutual rights to safety and joy.
DC Vote to Travel to Key States To Defeat Gun Amendment | Press Release | DC Vote
Supporters to Ramp Up Efforts in Target Congressional Districts
Washington, DC - In the wake of a months-long battle to remove an amendment to the DC Voting Rights Act (H.R.157/S.160) that would gut the District's gun control laws, DC Vote is bringing their fight to the states.
"We're going to send a clear message to members of Congress," said Ilir Zherka, DC Vote Executive Director, "you mess with the District and we're coming after you. We will not allow you to stand in the way of our basic civil right to voting representation in Congress and full local democracy."
DC Vote will partner with members of its coalition and local supporters to travel to key states, place ads in local media and rally supporters around the cause. First stop on the group's agenda: Mississippi.
"Representative Childers has gone too far in his attempts to write DC gun laws," said Zherka. "We think his constituents need to know how he is spending his time. His constituents elected him to act as their voice in Congress. But what he, and other pro-gun politicians are doing, is expending their energy to write DC's laws. We're going to states like Mississippi to tell constituents that their member of Congress is standing in the way of DC's right to democracy."
By Senator Jim Webb, Huffington Post
America's criminal justice system is broken.
How broken? The numbers are stark:
• The United States has 5% of the world's population, yet possesses 25% of the world's prison population;
• More than 2.38 million Americans are now in prison, and another 5 million remain on probation or parole. That amounts to 1 in every 31 adults in the United States is in prison, in jail, or on supervised release;
• Incarcerated drug offenders have soared 1200% since 1980, up from 41,000 to 500,000 in 2008; and
• 60% of offenders are arrested for non-violent offensives--many driven by mental illness or drug addiction.
Numbers only tell part of the story.
The American-Arab Anti-Discrimination Committee (ADC), the nation’s largest Arab-American civil and human rights organization, is appalled by the shooting that took place earlier today at the US Holocaust Memorial Museum. Federal law enforcement sources have confirmed that the suspect, James von Brunn, is a known white supremacist.
ADC National Executive Director Kareem Shora said, “This act of hate against the Holocaust Museum in our nation’s capital is revolting. Once again, ADC is consistent in condemning hate-motivated crimes and any attacks aimed at civilians no matter who the victims or the perpetrators may be. We commend the many law enforcement agencies that responded to this attack and glad to see the suspect apprehended in quick fashion.”
US President Barack Obama risks creating "future Guantanamos" by continuing his predecessor's policy of indefinitely holding Al-Qaeda suspects, a prominent Democrat warned on Tuesday.
Senator Russ Feingold said he was "troubled" by Obama's policies, warning the practice of holding some suspected terrorists indefinitely risked being "effectively enshrined as acceptable in our system of justice."
Feingold warned the current administration risked mimicking the policies of the Bush administration, which "claimed the right" to detain anyone, anywhere, he said.
During a major security speech at the National Archives in May, Obama acknowledged for the first time that a legal framework could be established to hold the most dangerous US detainees indefinitely without trial.
Speaking during a Senate Judiciary subcommittee hearing on the consequences of "prolonged detention," Feingold said that could set "the stage for future Guantanamos, whether on our shores or elsewhere, with potentially disastrous consequences for our national security."
If Obama follows through on the proposal for establishing "a new legal regime for prolonged detention to deal with a few individuals at Guantanamo," Feingold said "he runs the very real risk of establishing policies and legal precedents."
Feingold said it would be worse if these policies were "effectively enshrined as acceptable in our system of justice, having been established not by a largely discredited administration, but by a successive administration with a greatly contrasting position on legal and constitutional issues."
Also at the hearing, former White House lawyer Richard Klingler warned prolonged detention was "already widespread" and set to continue "on a wide scale." Read more.
Wartime Contracting Report: We Have Big, Costly Problems
By Robert O'Harrow, Jr. | Government, Inc. Blog
As promised, here's the new report by the Commission on Wartime Contracting in Iraq and Afghanistan, the organization formed by Congress to examine where all the money went.
It's a sad reminder about just how bad the contracting system has been in recent years, and all the billions that have been wasted because of poor oversight, poor planning and plain old corruption.
"The environment in Iraq and Afghanistan has been and continues to be susceptible to waste, fraud, and abuse," the report said.
The report, called "At What Cost? Contingency Contracting in Iraq and Afghanistan," contains the interim findings of the commission, which will issue a final report next year. It underscores the gloomy finding about the troubled federal procurement system from a host of other analysis in recent years.
It'll be the subject of a hearing today by the House Oversight and Government Reform Committee's national security and foreign affairs subcommittee. Read more.
By CODEPINK/Linda Milazzo
The women inspired peace group, CODEPINK, in alliance with Israeli feminist group, Coalition of Women For Peace, will host continued human rights protests from June 8th through June 14th at Erez Crossing checkpoint at the Gaza Border in Israel.
EREZ, ISRAEL -- More than three dozen Americans and Israelis rallied today at the border checkpoint here into Gaza, hoping to be let through into the war-torn area with playground building materials, food and other products to delivered to the Gazan people, after Israel authorities barred them from entering.
If you're a blogger, this page is for you.
One of EFF's goals is to give you a basic roadmap to the legal issues you may confront as a blogger, to let you know you have rights, and to encourage you to blog freely with the knowledge that your legitimate speech is protected.
To that end, we have created the Legal Guide for Bloggers, a collection of blogger-specific FAQs addressing everything from fair use to defamation law to workplace whistle-blowing.
In addition, EFF continues to battle for bloggers' rights in the courtroom:Read more.
Judge Rules Telecoms Have Immunity Under Unconstitutional FISA Amendments Act | Press Release
EFF and ACLU Planning to Appeal Dismissal of Dozens of Spying Cases
A federal judge today dismissed dozens of lawsuits over illegal domestic surveillance of American citizens, ruling that telecommunications companies had immunity from liability under the controversial FISA Amendments Act (FISAAA). The Electronic Frontier Foundation (EFF) and the American Civil Liberties Union (ACLU) California and Illinois affiliates are planning to appeal the decision to the 9th U.S. Circuit Court of Appeals, arguing that FISAAA is unconstitutional.
"We're deeply disappointed in Judge Walker's ruling today," said EFF Legal Director Cindy Cohn. "The retroactive immunity law unconstitutionally takes away Americans' claims arising out of the First and Fourth Amendments, violates the federal government's separation of powers as established in the Constitution, and robs innocent telecom customers of their rights without due process of law."
Signed by President Bush in 2008, the FISAAA allowed for the dismissal of the lawsuits over the telecoms' participation in the warrantless surveillance program if the government secretly certifies to the court that the surveillance did not occur, was legal, or was authorized by the president. Then-Attorney General Michael Mukasey filed that classified certification with the court in September and demanded that the cases be dismissed.
Hillary Clinton demands China investigate and disclose its past abuses
On behalf of the Obama administration, Secretary of State Hillary Clinton issued a statement this week regarding the 20th anniversary of the Tiananmen Square protests, and demanded that China do the following (h/t sysprog):
A China that has made enormous progress economically, and that is emerging to take its rightful place in global leadership, should examine openly the darker events of its past and provide a public accounting of those killed, detained or missing, both to learn and to heal.
OBAMA ADMINISTRATION SEEKS SUPREME COURT REVIEW OF DECISION DECLARING PATRIOT ACT PROVISION UNCONSTITUTIONAL
Lower Courts Unanimously Declared Law Unconstitutionally Vague
From the Center for Constitutional Rights
Washington, DC, June 4, 2009 - The Obama administration today sought Supreme Court review of a decision declaring a USA Patriot Act provision unconstitutional. The case, Holder v. Humanitarian Law Project, originally brought by the Center for Constitutional Rights (CCR) in 1998, challenges the constitutionality of the law that makes it a crime to provide “material support” to groups the administration has designated as “terrorist.” The lower courts have unanimously declared several provisions of the law – including one added by the USA Patriot Act – unconstitutionally vague.
Time to Look Past Obama’s Words and Face-up to His Actions
U.S. Foreign Policy Continues Rapidly in the Wrong Direction
The Peace Movement Needs to Escalate Anti-War Actions
By Kevin Zeese | Voters for Peace, Prosperity Agenda.US
There is long-time saying about politicians: you cannot trust their words, but must judge them by their actions.
President Obama is very good with words, perhaps the best communicator we have seen in the White House in a generation. But now he has been in office long enough that he should be judged on his actions.
The direction of U.S. foreign policy is moving rapidly in the wrong direction on many fronts. It is time for the peace movement to step up its activities throughout the country and demand a change in course.
America has lost her soul, and so has her president.
A despairing country elected a president who promised change. Americans arrived from every state to witness in bitter cold Obama’s swearing-in ceremony. The mall was packed in a way that it has never been for any other president.
The people’s good will toward Obama and the expectations they had for him were sufficient for Obama to end the gratuitous wars and enact major reforms. But Obama has deserted the people for the interests. He is relying on his non-threatening demeanor and rhetoric to convince the people that change is underway.
The change that we are witnessing is in Obama, not in policies. Obama is morphing into Dick Cheney.
Obama has not been in office four months and already a book could be written about his broken promises.
Washington Didn't Want You to See this Guantanamo Photo
Star journalist captures landmark protest hours before a suicide puts heat on Obama
by Michelle Shephard | Common Dreams
A Guantanamo Bay detainee committed suicide late Monday just hours after two Chinese Muslim captives staged the detention centre's first public protest, increasing the pressure on U.S. President Barack Obama to outline his plan of how he will close the offshore prison.
Yemeni Muhammad Ahmad Abdallah Salih, 31, is the first prisoner to die since the White House changed hands four months ago. His suicide follows weeks of criticism from both ends of the political spectrum over the fate of the remaining 240 Guantanamo detainees.
News of the suicide was emailed to the media just as a flight bringing journalists from Guantanamo landed in Maryland. The press had been at the U.S. naval detention centre for the war crimes court hearing of Canadian Omar Khadr.
Khadr, 22, is accused of war crimes, including the murder of a U.S. soldier during a firefight in Afghanistan in July 2002.
Hours after Khadr's brief hearing Monday, fewer than a dozen journalists on the trip, including a Toronto Star reporter, witnessed a rare unscripted moment on the base when two Uighur (pronounced Wee-gur) detainees managed to hold an impromptu protest.
The group was at an Oceanside prison known as "Camp Iguana," where 16 Uighur and one Algerian detainee are imprisoned. Read more.
A federal judge ordered the United States on Monday to publicly reveal unclassified versions of its allegations and evidence justifying the continued imprisonment of more than 100 detainees being held at Guantanamo Bay.
The Justice Department had been filing unclassified versions of its legal documents under seal, so that they could only be seen by judges, attorneys and government officials. Attorneys for the detainees were able to share the documents with their clients and witnesses who would agree to rules restricting the information's disclosure.
Department officials said the practice was necessary to protect national security after they discovered that some unclassified records mistakenly contained some classified information. The department had said the documents were only sealed temporarily while they could be more carefully reviewed for classified information.
Attorneys for the detainees said the secrecy made it harder for them to prepare for upcoming hearings and that some witnesses would not agree to the court's secrecy rules. The Associated Press, The New York Times and USA Today had joined the fight, arguing that the government was keeping valuable information from the public that has a right to monitor the legal process.
U.S. District Judge Thomas Hogan sided with the detainees' attorneys and the media, saying the public has a right to access the records. Read More.
By Linda Milazzo
The following is an excerpt of an article I published after attending a Sarah Palin rally in Southern California where I witnessed reinvigorated anti-abortion fanatics spurred on by Palin's inflammatory rhetoric. At that time, as evidenced by the text of my earlier article (below), it was clear to me that a similar threat of domestic terrorism to that inflicted on this nation by convicted anti-abortion murderer Eric Rudolph, was probable and undeterred by Sarah Palin -- the latest charismatic leader in the anti-abortion movement.
The Obama Administration told the Supreme Court Friday that 17 Uighur men forcibly brought to Guantanamo Bay by the American military seven years ago are "free to leave" but have no right to come to the United States.
The Uighurs are Muslims from western China, though they allegedly attended training camps in Afghanistan affiliated with the East Turkestan Indpenendence Movement, a group which is considered a terrorist organization by the U.S. and denies China's sovereignty over the largely Muslim region of Xinjiang.
In a brief urging the high court not to hear an appeal from the 17 men, the Justice Department said the U.S. Court of Appeals for the D.C. Circuit acted correctly earlier this year when it overturned a district court judge's order that the men be brought to the U.S. for release.
"Petitioners would like the federal courts to order that they be brought to the United States, because they are unwilling to return to their home country. But they have no entitlement to that form of relief," the brief submitted by Solicitor General Elena Kagan said. "As this Court has recognized repeatedly, the decision whether to allow an alied abroad to enter the United States, and if so, under what terms, rests exclusively in the political Branches."
To persuade the justices to reject the case, the Obama Administration cited appropriations legislation passed in both the House and Senate this month seeking to restrict the administration's ability to release or transfer prisoners from Guantanamo to the U.S. The Justice Department's attempt to use the legislation to block legal relief for the Uighurs is notable because White House officials were unhappy with the measures, which could effectively tie President Barack Obama's hands if he were to sign them into law. The House and Senate bills presently await a conference committee expected to convene next week.
The brief says the U.S. Government is actively pursuing diplomatic options to resettle the Uighurs, who officials have said cannot be sent back to China because of that country's record of mistreatment of Uighur dissidents and militants. Read more.