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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”
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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” • Patriot Act (October 2001) • Department of Homeland Security • Economic • Airline relief bill (October 2001) • Military Response • Invasion of Afghanistan • War in Iraq
Other policy options not adopted or abandoned: • TIPS – Terror Information and Prevention System (govt./private sector workers ‘spies’) see www.citizencorps.gov • Terror Futures Market • 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 e-mail 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: Discussion • The Newshour with Jim Lehrer [PBS] • August 19, 2003
Civil Liberties vs. National Security • Selected post 9/11 court rulings • Rights of Enemy Combatants • 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) • U.S. citizen arrested in Afghanistan • Sought access to lawyer, 4th circuit, overturned previous ruling denying right
Other post 9/11 decisions • Closed Hearings • North Jersey Media Group Inc. v. Ashcroft Oct. 2002) • Defer to AG [3rd district court] • Detroit Free Press v. Ashcroft • 6th circuit court, rejected blanket closure, must decide on case by case basis