My country, tis of thee

Sweet Land of Liberty
Of thee, I sing.......

New Scrutiny for Law on Detaining Witnesses
By ADAM LIPTAK
March 22, 2006
New York Times


..."Mr. (Abdullah) al Kidd, who was known as Lavoni T. Kidd before he converted to Islam, spent 16 days in detention in three states in 2003, some of it shackled hand and foot. That was followed by 14 months under court supervision. Mr. al Kidd was not charged with a crime, and he was not called to testify, though a government affidavit said he had information "crucial to the prosecution" of another man."...

In recent weeks the revelations of illegal NSA wiretaps on American citizens (authorized by George W. Bush) have captivated some and even led a US Senator to offer a resolution of censure against Mr. Bush. Over the same period of time we have seen a new Supreme Court Justice who espouses a "theory of Unitarian Executive" rubber stamped to the Court as well as a renewal of the USA Patriot Act. The story of Mr. Kidd, just one of an unknown number, only adds to my deep concerns about the very meaning of civil liberties in the United States.

According to the article by Mr. Liptak, "A 22-year-old federal law that allows people to be held without charges if they have information about others' crimes is coming under fresh scrutiny in the courts, in Congress and within the Justice Department after reports that it has been abused in terrorism investigations. The law allows so-called material witnesses to be held long enough to secure their testimony if there is reason to think they will flee."

A couple of pieces of relevant information:

Amendment IV - Search and seizure. Ratified 12/15/1791.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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Amendment V - Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
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Apparently I am not the only one with questions of the constitutionality of these detentions. "A bill introduced by Senator Patrick J. Leahy, Democrat of Vermont, would curtail the use of the material witness law to hold people suspected of plotting terrorist acts.
Representative Jeff Flake, Republican of Arizona, said he would introduce similar legislation in the House. "It's being stretched beyond its original purpose," Mr. Flake said of the material witness law. "Individuals are being indefinitely detained who might be suspects. If that's the case, they need to be charged."" However, in true Post-9-11 fashion, "Mr. Flake added that he might be receptive to arguments that federal prosecutors need tools to hold some people they consider dangerous. "If you need something else," he said, "come to us."".

Then, of course, we come to the total secrecy of the program. "The use of material witness warrants in terrorism investigations continues to be shrouded in secrecy. In May 2003, the Justice Department told Congress that fewer than 50 people had been detained as material witnesses "in the course of the Sept. 11 investigation." About half were held for more than 30 days, the department said. A department spokesman did not respond to requests for more current numbers. The department has for three years refused to give Congress fresher data on material witness detentions in terrorism investigations. (emphasis added- TLS) "They claim that they can't even tell us how many people they have detained" because of court sealing orders and grand jury secrecy rules, said Julie Katzman, a lawyer on Senator Leahy's staff.

As to Senator Leahy's legislation: "The proposed legislation would place strict time limits on detentions — 10 days for grand jury investigations and 30 days for trials — and allow them only where there is clear and convincing evidence that the witness is a flight risk." This would be good until you read what, up to now, has been accepted as "clear and convincing evidence."

Back to the story about Mr. Kidd: "Magistrate Judge Mikel H. Williams of the Federal District Court in Boise, Idaho, authorized the arrest, based on an affidavit from Special Agent Scott Mace of the F.B.I. "Kidd is scheduled to take a one-way, first-class flight (costing about $5,000)," the affidavit said.
That statement was false in every particular (emphasis added -TLS): the ticket was for a round trip, in coach, costing $1,700."

For those who will say, "If you have nothing to hide, why do you care?" I will leave you with this other piece of relevant stuff:

First They Came for the Jews

First they came for the Jews
and I did not speak out
because I was not a Jew.
Then they came for the Communists
and I did not speak out
because I was not a Communist.
Then they came for the trade unionists
and I did not speak out
because I was not a trade unionist.
Then they came for me
and there was no one left
to speak out for me.


Pastor Martin Niemöller
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Peace,

Chad (The Left) Shue