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Richard Clarke and Subway Searches

By Jeralyn, Section Civil Liberties
Posted on Sun Nov 06, 2005 at 11:12:59 PM EST
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The cat's out of the bag. Who urged New York City to begin conducting searches of subway riders' bags? Richard Clarke.

Mr. Clarke, a former counterterrorism adviser to two presidents, received widespread attention last year for his criticism of President Bush's response to the Sept. 11 attacks, detailed in a searing memoir and in security testimony before the 9/11 Commission.

Unknown to the public, until recently, was Mr. Clarke's role in advising New York City officials in helping to devise the "container inspection program" that the Police Department began in July after two attacks on the transit system in London.

A legal challenge to the policy, filed by the New York Civil Liberties Union and heard by a federal judge in Manhattan last week, is seen as a test case of the proper scope of governmental intervention in the lives of citizens in the name of deterring a terrorist attack. Judge Richard M. Berman will decide the case next month at the earliest, but already each side says it is prepared to appeal if it loses.

Do the searches violate the Fourth Amendment? The courts will decide. In the meantime, it doesn't hurt to remind searching officials of the Fourth Amendment.

Here's how. (Larger picture here.)

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    Richard Clarke and Subway Searches | 5 comments (5 topical)
    Re: Richard Clarke and Subway Searches (none / 0) (#1)
    by jimakaPPJ on Sat Dec 17, 2005 at 01:05:48 PM EST
    Do you have to be a Bush admin guy to get criticized by you guys?

    Re: Richard Clarke and Subway Searches (none / 0) (#3)
    by kdog on Sat Dec 17, 2005 at 01:05:48 PM EST
    Another safety before freedom guy...aka a coward who tosses our great ideals out the window at the first sign of strife. Unfortunately, his type are in the majority these days.

    Re: Richard Clarke and Subway Searches (none / 0) (#4)
    by Talkleft Visitor on Sat Dec 17, 2005 at 01:05:48 PM EST
    deleted. Please read the comment rules about reprinting articles in the comments and not putting links in html format

    Re: Richard Clarke and Subway Searches (none / 0) (#5)
    by Johnny on Sat Dec 17, 2005 at 01:05:49 PM EST
    Why does Clarke hate America?

    Re: Richard Clarke and Subway Searches (none / 0) (#6)
    by Dadler on Sat Dec 17, 2005 at 01:05:50 PM EST
    No dillema here. I agreed with Clarke on his assessment of the Bush Administration negligence leading up to 9/11 and in its aftermath. Here, with bag searches, I'm not on his side. So they blow themselves up at the checkpoint. The subway/transit system will be just as affected, many will be killed. It's akin to pulling teeth when diet is the problem.

    Richard Clarke and Subway Searches | 5 comments (5 topical)