American Government and Organization PS1301 Wednesday, 3 December

Quiz What is the Patriot Act?

Policy Responses to 9/11 National Security Joint resolution on 14 Sept. ‘to use all necessary and appropriate force against nations…that he determines planned…the terrorist attacks” Joint resolution on 14 Sept. ‘to use all necessary and appropriate force against nations…that he determines planned…the terrorist attacks” Patriot Act (October 2001) Patriot Act (October 2001) Department of Homeland Security Department of Homeland SecurityEconomic Airline relief bill (October 2001) Airline relief bill (October 2001) Military Response Invasion of Afghanistan Invasion of Afghanistan War in Iraq War in Iraq

Other policy options not adopted or abandoned: TIPS – Terror Information and Prevention System (govt./private sector workers ‘spies’) see Terror Futures Market Traders could buy and sell futures contracts based on their predictions about what would happen in the region. Traders could buy and sell futures contracts based on their predictions about what would happen in the region. Racial profiling at airports

Patriot Act Summary Enhances executive branch’s power to conduct surveillance, search for money laundering, share intelligence with criminal prosecutors and charge/detain suspected terrorists with crimes.

Patriot Act Provisions Relaxes restrictions on information sharing between U.S. law enforcement and intelligence officers about suspected terrorists. Makes it illegal to knowingly harbor a terrorist Authorizes "roving wiretaps," Allows the federal government to detain non-U.S. citizens suspected of terrorism for up to seven days without specific charges. Allows law enforcement officials greater subpoena power for records of terrorist suspects. Triples the number of Border Patrol, Customs Service Inspectors and Immigration and Naturalization Service inspectors Expands measures against money laundering Eliminates the statute of limitations for prosecuting the most egregious terrorist acts

Patriot Act – Threat to Civil Liberties Change in protections from unreasonable search and seizure Detention of non-citizens, immigrants Racial profiling

Re-emergence of Patriot Act on the Agenda – end of August 2003 A report on Tuesday's deadly attack at the U.N. headquarters in Baghdad that left a reported 20 people dead Ashcroft defends patriot act – see video clip

Video Weighing the Patriot Act: Background Weighing the Patriot Act: Background Weighing the Patriot Act: Discussion Weighing the Patriot Act: Discussion The Newshour with Jim Lehrer [PBS] The Newshour with Jim Lehrer [PBS] August 19, 2003 August 19, 2003

CBS News/New York Times Poll. Nov , N=996 adults nationwide. MoE ± 3 (total sample).. "Which concerns you more right now -- that the government will fail to enact strong anti-terrorism laws, or that the government will enact new anti-terrorism laws which excessively restrict the average person's civil liberties?" ALL Repub- licans Demo- crats Indepen- dents. %% Fail to enact strong laws Excessively restrict liberties Both (vol.) 2312 Neither (vol.) 3513 Don't know

Civil Liberties vs. National Security Selected post 9/11 court rulings Rights of Enemy Combatants Al Odah v. United States (March 2003 Al Odah v. United States (March 2003 D.C. Circuit Court “aliens detained outside the sovereign territory of the U.S.’ do not enjoy constitutional protections Hamdi v. Rumsfeld (july 2002) Hamdi v. Rumsfeld (july 2002) U.S. citizen arrested in Afghanistan Sought access to lawyer, 4 th circuit, overturned previous ruling denying right

Other post 9/11 decisions Closed Hearings North Jersey Media Group Inc. v. Ashcroft Oct. 2002) North Jersey Media Group Inc. v. Ashcroft Oct. 2002) Defer to AG [3 rd district court] Detroit Free Press v. Ashcroft Detroit Free Press v. Ashcroft 6 th circuit court, rejected blanket closure, must decide on case by case basis