[lbo-talk] New Terror Laws Used Vs. Common Criminals

R rhisiart at charter.net
Sun Sep 14 14:13:37 PDT 2003


putting this kind of power in the hands of our corrupt, dysfunctional legal system is lunacy.

R

----- Original Message -----

From: andie nachgeborenen

To: lbo-talk at lbo-talk.org

Sent: Sunday, September 14, 2003 12:31 PM

Subject: [lbo-talk] New Terror Laws Used Vs. Common Criminals

An example of the real problem and trhe real threat of

the police state:

--- Top Stories - AP

New Terror Laws Used Vs. Common Criminals

By DAVID B. CARUSO, Associated Press Writer

PHILADELPHIA - In the two years since law enforcement

agencies gained fresh powers to help them track down

and punish terrorists, police and prosecutors have

increasingly turned the force of the new laws not on

al-Qaida cells but on people charged with common

crimes.

AP Photo

The Justice Department (news - web sites) said it has

used authority given to it by the USA Patriot Act to

crack down on currency smugglers and seize money

hidden overseas by alleged bookies, con artists and

drug dealers.

Federal prosecutors used the act in June to file a

charge of "terrorism using a weapon of mass

destruction" against a California man after a pipe

bomb exploded in his lap, wounding him as he sat in

his car.

A North Carolina county prosecutor charged a man

accused of running a methamphetamine lab with breaking

a new state law barring the manufacture of chemical

weapons. If convicted, Martin Dwayne Miller could get

12 years to life in prison for a crime that usually

brings about six months.

Prosecutor Jerry Wilson says he isn't abusing the law,

which defines chemical weapons of mass destruction as

"any substance that is designed or has the capability

to cause death or serious injury" and contains toxic

chemicals.

Civil liberties and legal defense groups are bothered

by the string of cases, and say the government soon

will be routinely using harsh anti-terrorism laws

against run-of-the-mill lawbreakers.

"Within six months of passing the Patriot Act, the

Justice Department was conducting seminars on how to

stretch the new wiretapping provisions to extend them

beyond terror cases," said Dan Dodson, a spokesman for

the National Association of Criminal Defense

Attorneys. "They say they want the Patriot Act to

fight terrorism, then, within six months, they are

teaching their people how to use it on ordinary

citizens."

Prosecutors aren't apologizing.

Attorney General John Ashcroft (news - web sites)

completed a 16-city tour this week defending the

Patriot Act as key to preventing a second catastrophic

terrorist attack. Federal prosecutors have brought

more than 250 criminal charges under the law, with

more than 130 convictions or guilty pleas.

The law, passed two months after the Sept. 11 attacks,

erased many restrictions that had barred the

government from spying on its citizens, granting

agents new powers to use wiretaps, conduct electronic

and computer eavesdropping and access private

financial data.

Stefan Cassella, deputy chief for legal policy for the

Justice Department's asset forfeiture and money

laundering section, said that while the Patriot Act's

primary focus was on terrorism, lawmakers were aware

it contained provisions that had been on prosecutors'

wish lists for years and would be used in a wide

variety of cases.

In one case prosecuted this year, investigators used a

provision of the Patriot Act to recover $4.5 million

from a group of telemarketers accused of tricking

elderly U.S. citizens into thinking they had won the

Canadian lottery. Prosecutors said the defendants told

victims they would receive their prize as soon as they

paid thousands of dollars in income tax on their

winnings.

Before the anti-terrorism act, U.S. officials would

have had to use international treaties and appeal for

help from foreign governments to retrieve the cash,

deposited in banks in Jordan and Israel. Now, they

simply seized it from assets held by those banks in

the United States.

"These are appropriate uses of the statute," Cassella

said. "If we can use the statute to get money back for

victims, we are going to do it."

The complaint that anti-terrorism legislation is being

used to go after people who aren't terrorists is just

the latest in a string of criticisms.

More than 150 local governments have passed

resolutions opposing the law as an overly broad threat

to constitutional rights.

Critics also say the government has gone too far in

charging three U.S. citizens as enemy combatants, a

power presidents wield during wartime that is not part

of the Patriot Act. The government can detain such

individuals indefinitely without allowing them access

to a lawyer.

And Muslim and civil liberties groups have criticized

the government's decision to force thousands of mostly

Middle Eastern men to risk deportation by registering

with immigration authorities.

"The record is clear," said Ralph Neas, president of

the liberal People for the American Way Foundation.

"Ashcroft and the Justice Department have gone too

far."

Some of the restrictions on government surveillance

that were erased by the Patriot Act had been enacted

after past abuses - including efforts by the FBI (news

- web sites) to spy on civil rights leaders and

anti-war demonstrators during the Cold War. Tim Lynch,

director of the Project on Criminal Justice at the

Cato Institute, a libertarian think tank, said it

isn't far fetched to believe that the government might

overstep its bounds again.

"I don't think that those are frivolous fears," Lynch

said. "We've already heard stories of local police

chiefs creating files on people who have protested the

(Iraq (news - web sites)) war ... The government is

constantly trying to expand its jurisdictions, and it

needs to be watched very, very closely."

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