We will not allow the enemy to win the war by changing our way of life or restricting our freedoms. –George W. Bush, September 12, 2001
As most of you have heard, Congress recently rubber-stamped a bill at the behest of the President that will supposedly “help fight terror.” The Village Voice has a nice summary article:
Right after 9-11, then attorney general John Ashcroft was directing the swift preparation of the USA Patriot Act. He sent a draft to the aggressively conservative James Sensenbrenner, Republican chair of the House Judiciary Committee. The bill included the suspension of habeas corpus for terrorism suspects–the right to go to a federal court to determine whether the government is holding you lawfully.
Sensenbrenner angrily recoiled at the proposed disappearance of the Great Writ and forced Ashcroft to strike it from the Patriot Act. Five years later, Sensenbrenner helped shepherd through Congress the Military Commissions Act of 2006, which prevents detainees held by us anywhere in the world, not only at Guantanamo, from having lawyers file habeas petitions in our courts concerning their conditions of confinement.
In 1798, the writer of the Declaration of Independence, Thomas Jefferson–who insisted habeas corpus be embodied in the Constitution–said to generations to come: “The Habeas Corpus secures every man here, alien or citizen [freedom from arbitrary confinement]…”But now, the Republicans’ Military Commissions Act can not only remove this bedrock of our liberty from prisoners outside the country but can also strip habeas protections from legal immigrants here, as well as from American citizens.[Link]
In the wake of 9/11 many of us South Asian Americans have dealt with the erosion of civil liberties by joking around about it. “Hey, don’t talk in Tamil at the airport or they might arrest you as a terrorist.” Or what about “Hey, be careful going to Pakistan because they may suspend your 5th Amendment rights and ask you to take a polygraph when it is time to return to America.” Behind all of these nervous jokes is the suspicion that under these new laws perhaps anyone, including U.S. citizens, could be arbitrarily labeled a “terrorist” and stripped of their rights. The Bush administration counters by arguing that we should trust them and that they will only pin the label of “terrorist” on the real bad guys. You see, under the Patriot Act once you are officially designated as a “terrorist” you are in a whole new legal reality.
Now consider for a few minutes the case of Luis Posada Carriles. 30 years ago last week he masterminded a bomb plot that brought down a Cuban jetliner off the coast of Barbados. 73 people aboard were killed.








