Tag: ACLU

Last Friday, the Fourth Circuit Court of Appeals, long considered one of the most conservative courts in the the nation, rejected the appeal of Ahmed Omar Abu Ali, who was sentenced in 2005 for conspiracy to assassinate President Bush and make other terror attacks upon U.S. targets on behalf of Al Qaeda. Abu Ali, who is a U.S. citizen and the son of naturalized Jordanian parents, was arrested in June 2003 in Saudi Arabia and held there until the U.S. requested his extradition almost two years later. He was 23 years old and attending a Saudi university at the time of his arrest.

During his incarceration, the Saudis refused his repeated requests to see an attorney. At no time has Abu Ali ever been linked to an actual terrorist event or action. In 2003, the government secretly broke into his parents’ home, utilizing provisions of the U.S.A. Patriot Act that allows warrantless search and seizure to go fishing for evidence of Abu Ali’s “dangerousness.”

When earlier this month the ACLU released a new slew of FOIA documents — unredacted portions of Admiral Church’s 2005 report on detainee abuses at “war on terror” prisons abroad — the spin machine of the American Psychological Association sprang into action. APA propagandist, and Ethics Director, Stephen Behnke was called upon to take up the cudgels, whereupon he wrote an unctious, dissembling letter to the ACLU.

In a letter dated May 15, Behnke praised ACLU for “uncovering details surrounding the treatment of detainees at detention facilities run by the U.S. government around the world.” Then he reiterated APA’s paper commitment to “the humane treatment of detainees.” In between the lofty presentation of ideals and grand commitments, Behnke also made the following points (quoting from his letter, which has circulated via email, but not to my knowledge is online — bold text below is my editorial emphasis):

Following a pivotal article by Jeff Stein at Congressional Quarterly a few weeks back, today’s Washington Post published an important article today, “Detainees Allege Being Drugged, Questioned.” The story, by Post staff writer Joby Warrick, notes U.S. denials in using drug injections for coercive purposes during interrogations.

Adel al-Nusairi, a Saudi national imprisoned for years at Guanatanmo, and now released without charges, has a different memory:

“I’d fall asleep” after the shot, Nusairi, a former Saudi policeman captured by U.S. forces in Afghanistan in 2002, recalled in an interview with his attorney at the military prison in Cuba, according to notes. After being roused, Nusairi eventually did talk, giving U.S. officials what he later described as a made-up confession to buy some peace.

“I was completely gone,” he remembered. “I said, ‘Let me go. I want to go to sleep. If it takes saying I’m a member of al-Qaeda, I will.'”

Welcome to the United States of Gattaca. The Washington Post is reporting that the Bush administration is expanding DNA collection of people arrested for crimes.

The U.S. government will soon begin collecting DNA samples from all citizens arrested in connection with any federal crime and from many immigrants detained by federal authorities, adding genetic identifiers from more than 1 million individuals a year to the swiftly growing federal law enforcement DNA database.

The policy will substantially expand the current practice of routinely collecting DNA samples from only those convicted of federal crimes…

Anyone now arrested of a federal crime will have their DNA collected. With the past examples of abuse of the justice system by the Bush administration, it isn’t difficult to imagine how this change in policy could be abused. When the policy is implemented, roughly 1.2 million people a year will have their DNA collected.

The American Civil Liberties Union filed a friend of the court brief today urging a federal court to uphold the denial of a patent that would, if awarded, violate freedom of speech. In the brief, the ACLU argues that Bernard L. Bilski is seeking a patent for an abstract idea, and that abstract ideas are not patentable under the First Amendment.

“The court must ensure that any test it uses in determining whether to award a patent is in line with the Constitution,” said Christopher Hansen, senior staff attorney with the ACLU First Amendment Working Group, who filed the brief. “If the government had the authority to grant exclusive rights to an idea, the fundamental purpose of the First Amendment – to protect an individual’s right to thought and expression – would be rendered meaningless.”

ACLU

Which seems to be the norm for this country, just look at the leadership that’s allowed to continue,

across the board, on any subject one might pick!

A Los Angeles man with mental problems,

who spent three months lost in Mexico after being deported despite being a U.S. citizen, sued homeland security

and immigration officials on Wednesday.

Here comes the cavalry:

San Francisco – The Electronic Frontier Foundation (EFF), the American Civil Liberties Union (ACLU), and the American Civil Liberties Union Foundation of Northern California (ACLU-Northern California) Tuesday filed a motion to intervene in a lawsuit where a federal judge ordered the disabling of one of the domain names associated with “Wikileaks,” a website designed to give whistleblowers a forum for posting materials of public concern.

For those who may be unfamiliar with this case: the Swiss bank Julius Baer sued the whistleblower site Wikileaks and its Internet host Dynadot to remove documents related to the bank’s alleged money laundering activities in the Cayman Islands.

In a highly unusual ruling, the District Court, per a secret agreement between Dynadot and Julius Baer, granted the bank’s motion for a permanent injunction to both disable the Wikileak’s domain name and prevent its transfer to another registrar. The Court also ordered Dynadot to divulge all of Wikileak’s private client information and ruled it illegal for anyone (apparently anywhere in the world) to link to the documents at issue.  

Indeed, what makes this case even more unusual is that Wikileaks was informed of the bank’s motion by email only hours before the hearing, and when a Wikileaks attorney showed up informally to find out what was going on, she was ordered to leave the courtroom.

For more on this case, see Valtin’s excellent essay (also check out the comments) as well as this summary over at Wired.

The court’s injunction has far reaching implications for free speech on the Internet, because if allowed to stand, it means that anyone who doesn’t like what you post on the Internet can simply sue your host to shut you down.

in rejecting ACLU vs. NSA today.

A number of good folks in the blogosphere are huffing and puffing over the Supreme Court’s rejection of the ACLU’s Petition for Certiori in the case of ACLU v. NSA.  They don’t need to.

WASHINGTON — The Supreme Court today dismissed the first legal challenge to President Bush’s warrantless wiretapping order, but without ruling on any of the key issues.

It is traditional and expected in our Federal system that the Supreme Court wait until a controversial legal issue is litigated in more than one of the lower Circuits before creating a binding precedent.  This way, the Supreme Court both allows for a broader range of opinion and ensures that a greater number of arguments and issues are considered before the Court decides the final law.  

In ACLU vs. NSA, the Sixth Circuit Court of Appeals had the first bite at the apple on unwarranted wiretapping, and spit out a Bushie worm. Yet the sour 6th is not the only Circuit with a say about whether our government can secretly spy on us.  

Both The Progressive and the ACLU have stories up over on their sites about how the FBI and the Department of Homeland Security (DHS) have recruited tens of thousands of members of corporate America to be the “eyes and ears” of the government. In return, they receive secret briefings on terrorism. The program is called InfraGard, and from The Progressive story:

The members of this rapidly growing group, called InfraGard, receive secret warnings of terrorist threats before the public does-and, at least on one occasion, before elected officials. In return, they provide information to the government, which alarms the ACLU. But there may be more to it than that. One business executive, who showed me his InfraGard card, told me they have permission to “shoot to kill” in the event of martial law.

InfraGard is “a child of the FBI,” says Michael Hershman, the chairman of the advisory board of the InfraGard National Members Alliance and CEO of the Fairfax Group, an international consulting firm.

WASHINGTON (CNN) — A German citizen who alleges the CIA mistakenly kidnapped, detained and interrogated him was denied a hearing before the U.S. Supreme Court when the justices rejected his appeal for review Tuesday.

The German citizen is Khaled el-Masri, who was kidnapped in Macedonia on New Year’s Eve, 2003 by U.S. government agents and taken via secret “extraordinary rendition” to a prison in Afghanistan. El-Masri was beaten, humjiliated and drugged. When the U.S. could get nothing out of him, or recognized it was a case of mistaken identity — we don’t know because it’s a “state secret” — he was unceremoniously flown and dumped in a forest in Albania.