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Patriot Act Opponents to be Disappointed

Georgetown Law Professor David Cole, whom I consider to be a supreme expert on the Patriot Act and civil liberites, has a new article in the Nation, informing us that the worst parts of the Patriot Act are not scheduled to expire, and thus, those of us who have been expecting some impressive reforms will be disappointed.

But if Patriot Act opponents are expecting great things, they will be disappointed. Many of the worst provisions of the act are not even up for discussion. The disputes regarding the few provisions that are actually in play often concern only marginal details, while skirting more fundamental issues. And the whole debate is largely a diversion, because the worst civil liberties abuses since 9/11 have been achieved without reliance on the Patriot Act, as they are based on executive initiatives that Congress has no will to challenge.

Only two sections are up for renewal that warrant significant discussion: library records and "sneak and peek" search warrants.

One, popularly known as the "libraries provision," allows the government secretly to obtain records of any person from any business, regardless of wrongdoing; and the other authorizes secret "sneak and peek" searches of homes without promptly informing the homeowner. These two measures undoubtedly raise real concerns, but they hardly warrant the kind of mass rallying that both sides have mustered since the Patriot Act was passed.

Prof. Cole says the immigration provisions of the Act, which are not up for renewal because they don't sunset and are permanent, are the ones that have been abused and on which we should be focusing.

Among the most troubling provisions not sunsetted are those on immigration. They authorize the government to deny entry to foreigners because of speech rather than actions, to deport even permanent residents who innocently supported disfavored political groups and to lock up foreign nationals without charges.

Cole provides several examples. And he explains why there likely will be inadequate debate on the most troubling provisions of the Act. The first reason is that people perceive they apply mostly to foreigners - a kind of "them" vs. "us" perspective.

The second reason is more troubling for Cole. He argues that the liberal agenda is being "submerged" by necessary alliances of liberal groups with conservative groups. I've written positively several times about such alliances, but Cole sends up a warning.

The problem, says Cole, is that the liberal group then foregoes arguing against violations on which there is no consensus with the conservative group - like those pertaining to immigrants.

Cole suggests that liberal groups should align themselves more with international human rights groups, rather than conservative groups, so that important issues like those affecting foreigners will get the attention they deserve.

One of my favorite postelection maps showed the United States divided along the traditional, and increasingly ossified, red and blue state lines. But it was a map of the world, not only of the United States--and the rest of the world was blue. That may not be entirely accurate, but it does suggest that we might find more fruitful allies by appealing to international human rights and principles of human dignity than by joining forces with progun, antitax conservatives.

It's a good solution in theory, but if the goal is to get legislation passed or to prevent passage of bad legislation, I think we have a better chance when we align with the right. They have more voting and lobbying power than international human rights groups. And conservatives in Congress have rarely been moved by principles of human dignity (unless they can tie it to their culture of life platfor.)- I'm not sure they know enough about such prinicples to acknowledge them, let alone support them.

Enemy Aliens.

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    Re: Patriot Act Opponents to be Disappointed (none / 0) (#1)
    by Talkleft Visitor on Sat Dec 17, 2005 at 12:59:04 PM EST
    Disgusting. I especially appreciated his comment that by allying with the Conservatives, it reinforces the idea that the only important concerns are those which at least some Conservatives agree with. This is another reason to NOT vote for Democrats in 2008. There can be no excuse for the complicity they showed in allowing this menace to proceed with virtually no debate - much less resistance. Just like the criminal passage of laws giving Bush (literally Billions of Dollars worth of) the ability to occupy Iraq. I'm not sure yet, but 2008 very well may be the first election that I vote for a third party Presidential Candidate. I'll vote a Democratic Down Ticket, where politics is even lower-brow, but it's time I took Paul Wellstone's advice to heart, "Never separate the lives you live from the words you speak." The words I speak do not support the DLC.