Will the new president defend the Constitution?

So the clouds have opened and all will be well since the Democrats won, right? Ha! Yeah, right. We've been warning our friends that civil liberties will still need defended at the local, state, and, yes, federal level after the election. Remember Bill Clinton with the Defense of Marriage Act, the Anti-Terrorism and Effective Death Penalty Act, the massive ballooning of the prison industrial complex, and the original proposal of the PATRIOT Act?

National is all over what needs to be done by President-elect Obama. Click here for the ACLU's transition plan for the new president. Here's Day One.

Day One: Stop Torture, Close Guantanamo, End Extraordinary Renditions
The next president will have a historic opportunity -- on day one -- to take very important steps to restore the rule of law in the interrogation and detention of detainees held at Guantanamo Bay, Iraq, Afghanistan, and in secret prisons around the globe. Every action taken pursuant to an executive order of President Bush can be reversed by executive order of the next president.

Therefore, on the first day in office, the next president should issue an executive order directing all agencies to modify their policies and practices immediately to:

• Cease and prohibit the use of torture and abuse, without exception, and direct the Attorney General immediately after his or her confirmation to appoint an outside special counsel to investigate and, if warranted, prosecute any violations of federal criminal laws prohibiting torture and abuse;
• Close the detention facility at Guantanamo Bay and either charge and try detainees under criminal law in federal criminal courts or before military courts-martial or transfer them to countries where they will not be tortured or detained without charge;
• Cease and prohibit the practice of extraordinary rendition, which is the transfer of persons, outside of the judicial process, to other countries, including countries that torture or abuse prisoners.

Andy in Harrisburg

July 4: A day for repentance

Wow, columnist Chris Satullo raised the roof today in The Philadelphia Inquirer. This is a must-read. Here's a snippet.

This year, America doesn't deserve to celebrate its birthday. This Fourth of July should be a day of quiet and atonement.

For we have sinned.

We have failed to pay attention. We've settled for lame excuses. We've spit on the memory of those who did that brave, brave thing in Philadelphia 232 years ago.

The America those men founded should never torture a prisoner.

The America they founded should never imprison people for years without charge or hearing.

The America they founded should never ship prisoners to foreign lands, knowing their new jailers might torture them.

Such abuses once were committed by the arrogant crowns of Europe, spawning rebellion.

Today, our nation does such things in the name of our safety. Petrified, unwilling to take the risks that love of liberty demands, we close our eyes.

Andy in Harrisburg

I got so much trouble on my mind. Refuse to lose.

Lots of stuff out there in the ether.

• To borrow a phrase, America's chickens have come home to roost. Several federal agencies sponsored a summit last week with immigrant groups to recruit aid in intelligence gathering. And guess what they heard.
  

  "We are going to ask you to open up your communities to us," said Ronald Sanders, an assistant national intelligence director, and the son of an Egyptian immigrant mother.
  
  The officials got an earful in return — about immigration and hiring rules and foreign policies that make life harder in immigrants' old countries. The intelligence agencies' own practices also came under criticism: extraordinary rendition, holding prisoners at Guantanamo Bay in Cuba, harsh interrogation practices that some say amount to torture.
  
  "Basically they've scared people," said Amina Khan, of the Association of Pakistani Professionals and an attorney formerly with the U.S. Energy Department.

• ID this! Yesterday 40 people came out on a workday morning to attend a public hearing in Erie on the federal Real ID Act. The testimony from the one defender of the real nightmare of Real ID, who was from the Coalition for a Secure Driver's License, sounded something like this:
  

  "9/11, drug dealers, September 11, illegal aliens, terrorists, terrorists flying planes into buildings, be afraid."

  
  That's not an exact quote, but it was something like that. I was trying to ignore what he was saying.

• ID this, part deux! Here we go again. Last week PA House Republicans introduced legislation to require photo identification at the voting booth. Their press conference sounded something like this:
  

  "The illegal alien vote, stop fraud, dead people, Chicago, illegal aliens, close the borders, 9/11."

  
  That's right, one rep even managed a 9/11 reference, saying, "Can you imagine if the 19 9/11 hijackers had been allowed to vote?"
  
  These people are mad. There is no evidence that this type of voter fraud is happening, so why put up more roadblocks to voting? Maybe they're afraid of the voters. Frankly, they should be.
  
  The Erie Times News, Philadelphia Inquirer, and Patriot News of Harrisburg all opined against this ridiculous idea.
  

Andy in Harrisburg

An Overdue Visit

From our clever colleagues in the national ACLU office (you can send your own e-card from their website here.)

An Overdue Visit

'Twas the night before Christmas and all through the nation
Friends of Freedom knew it was a special occasion.
Lady Liberty stood taller just off the shore
Her torch shining brighter than a few weeks before

But it wasn't the flame turning her cheeks all rosy
It was thoughts of Snowe, Feingold and Nancy Pelosi
And leaders from every side of the aisle
Who would soon bring the Bill of Rights back into style.

The Amendments had all hurried out of their beds -
Which was no easy task, they were nearly in shreds -
And they rushed to the window on papery feet
As a jolly old man flew right over their street.

"Could it be!?" they inquired as the roof shook and trembled
And they crept toward the mantle, peaceably assembled,
Just as someone emerged from the chimney with flair
In a shiny red suit, with a shock of white hair

And a top hat, and pants all in red, white and blue -
"Wait a minute," the Amendments exclaimed, "Who are you?"
"Don't be frightened my children," he said, "it's no scam.
"You can't have forgotten your old Uncle Sam!"

"Holy crap!" said Free Speech. "Stop right there!" yelled Bear Arms
And Privacy cried "Who shut off the alarms?!"
The Fifth remained silent, but Uncle Sam said
"We've been having some trouble, but Freedom's not dead."

The Amendments were cautious. "It's just been so long
"We've seen Liberty lost, we've seen so much go wrong.
"The President's trying to mangle and warp us,
"The Fourth is in tatters, so's Habeas Corpus!"

The old man sat down - he had had quite a ride -
But he told them "Don't worry, the Law's on our side,
"'Cause the nation's fed up and more people are crying
"For Justice and an end to illegal spying,

"And secret abductions by the CIA,
"And laws that would take women's choices away,
"And Gitmo tribunals and secret detention,
"And other intrusions too numerous to mention - "

"Not so fast," said a grinchity voice from above
And Don Rumsfeld pushed past the Fourteenth with a shove.
He was covered in soot and he looked kind of scary.
It seemed like his Christmas had not been so merry.

The Amendments said they weren't happy to see him:
"You tried to throw all of us in the museum!
"You've done so much the Constitution forbids!"
"And I would have gone on, but for you meddling kids!"
Uncle Sam told him "Rummy, your plans just won't do,
"So we've got a brand new timetable for you!"
And as Rumsfeld retired and crept into the night
The Amendments cried out "Have a good secret flight!"

From the distance they heard him reply with a snort.
"Bye-bye, Rummy!" they answered, "we'll see you in court!"
Uncle Sam rode the chimney up out of the room
And, like Frosty, he said "I'll be back again soon."

But they heard him exclaim "Oh, and just one more thing!
"This year, when the holiday bells start to ring,
"Try to honor religion. Honest faith can't be wrong.
"It's America, can't we all just get along?

"So, on Christian," he cried, "Muslim, Hindu, and Jew!
"On Quaker! On Shaker! And Atheist too!
"On Buddhist! On Taoist! And to show we're not chickens
"We'll file a few lawsuits defending the Wiccans!

"Your belief is your right, so get out there and savor it.
"Uncle Sam's not a preacher, and he doesn't play favorites!"
So this holiday season, whatever you do,
Warmest wishes for Freedom, from the ACLU.

Is this YOUR America?

Okay, now that I depressed you with my previous post, I felt I should write something to cheer you up. So I'm going to encourage you to attend one of five town hall meetings we're holding across the state on the abuse of executive power issue. We'll talk about how torture, kidnapping, and illegal spying are NOT what this country is supposed to be about. It's a great chance to 1) get even more outraged, 2) meet your fellow civil libertarians who are also pissed off, and 3)get some ideas for fighting back.


Here's the schedule:

July 11 - Harrisburg - Speakers: Lisa Graves, Senior Legislative Counsel, ACLU Washington Legislative Office; Spero T. Lappas, Esq., Civil rights and criminal defense attorney; & Kathleen Lucas, human rights organizer

July 12 - Philadelphia - Speakers: Caroline Frederickson, Legislative Director, ACLU Washington Legislative Office; Michael Coard, Esq., Host of "The Radio Courtroom" on WHAT 1340 AM; Bal Pinguel, Coordinator, Peacebuilding & Demilitarization Program, AFSC; Signe Wilkinson, Editorial Cartoonist, Daily News.

July 13 - Allentown - Speakers: Matt Bowles, Field Organizer, ACLU Washington Legislative Office; Malcolm J. Gross, Esq., Gross, McGinley, LaBarre & Eaton, LLP.

July 19 - Erie - Speakers: Matt Bowles, Field Organizer, ACLU Washington Legislative Office; Jim Fisher, Dept. of Political Science and Criminal Justice, Edinboro University; Bob Rhodes, Dept. of Political Science (Emeritus), Edinboro University.

July 20 - Pittsburgh - Speakers: Greg Nojeim, Associate Director and Chief Legislative Council, ACLU Washington Legislative Office; Doug Shields, Pittsburgh City Councilman, Co-sponsor of anti-PATRIOT Act Resolution.

Check out our website page for more information about times and locations for each town hall.

Hope you come, and bring people. Because frankly, my friends, this is a damn scary time in this country.