• 9/3, John W. Dean, FindLaw, What Will Become of Dick Cheney’s Vice Presidential Records?
• 9/3, Abdus Sattar Ghazali, OpEdNews, Two episodes of “Flying While Muslim”
• 9/3, Andy Worthington, Eurasian Review , Ex-Guantánamo Prisoner Freed In Libya After Three Years’ Detention – And Information About ‘Ghost Prisoners’
• 8/31, Citizens for Responsibility and Ethics in Washington, “Found” John Yoo Emails Shed No Light On What Mr. Yoo Did For The Department Of Justice

The Fourth Amendment provides:

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 seize.

However, with the fear that has surrounded our nation after the 9/11 terrorist attacks, there has been legislation that sometimes infringes on this right. One example of this is the Foreign Intelligence Surveillance Act (FISA) which allows for a judge to authorize protocols for “computer dragnets” rather than requiring probable cause to be shown for an investigation of a specific person and reason.

Local grassroots efforts can raise public awareness about issues such as this, which in turn can pressure government to uphold our constitutional rights. Thomas Nephew took the opportunity to spread the word about FISA at the Fourth of July parade in Takoma Park, MD. He simply printed about a thousand little leaflets to pass out at the parade. Nephew received not only thanks from those at the parade but also  positive feedback from local politicians. Grassroots efforts don’t have to be the most complicated to make a difference—even handing out informational materials can be effective. It’s a simple project such as Nephew’s that others should emulate to work towards change.

• 9/2, Liz Tay, IT News (Australia), Government surveillance a slippery slope: Ponemon
• 9/2, Andrea Nill, ThinkProgress, DOJ Sues Arizona Sheriff Joe Arpaio For Refusing To Cooperate With Civil Rights Probe
• 9/2, Andy Worthington, Eurasian Review , Disgraceful: The Ground Zero Mosque Controversy
• 9/2, Steven Aftergood, Secrecy News, FISA Court Proposes New Court Rules

Anne is an undocumented immigrant from Nigeria. She has lived in the United States since the age of two, she is now 28. She is married to a United States citizen. They have been married for three years and have two children, both born in the US. Five months ago, Anne’s husband filed a family petition for her to obtain legal status. They received a letter from the Department of Homeland Security stating that Anne’s immigration interview would take place next month. If everything goes well at the interview, Anne will receive her permanent resident card before the end of the year and will be eligible for citizenship in three years. Unfortunately, ICE found out that Anne was in the US illegally and started deportation proceedings to remove her from the country. Anne has never been in trouble with the law.

Although the above story is only for illustration purposes, it describes the situation of many immigrants living in the United States. Before last week, Anne would have been prosecuted and deported based on her undocumented status. However, based on a recent federal policy, Anne will be allowed to remain in the US while her petition for status is pending. The new policy covers individuals who have filed for “family-sponsored visas and are likely to be granted a green card,” and allows prosecutors to use discretion when considering cases like Anne’s. According to John Morton, assistant secretary of Homeland Security for US Immigration and Customs Enforcement (ICE), “the focus will remain on criminals who are a danger to the country.”

Since thousands of cases in immigration court fall in this category, this change will decrease the case load so both ICE and court officials can be more effective in protecting all Americans and prosecuting dangerous criminals. Despite the benefits, there are critics who believe that it is a form of amnesty for unauthorized immigrants. Regardless of the differing views on this issue, one thing is certain. There needs to be immigration reform and it needs to happen soon. Read Morton’s memorandum.

• 9/1, Augusta Free Press, Rights groups urge feds to reject 287(g)
• 9/1, Cheryl Corley, National Public Radio, Often, You Can Film Cops; Just Don’t Record Them
• 9/1, David G. Savage, McClatchy Newspapers, Supreme Court asked to decide whether White House has right to exclude critics from public speeches

Each month, BORDC recognizes an individual who has done outstanding work in support of civil liberties and the rule of law by honoring her with our Patriot Award. Last May, we were proud to honor Kali Cohn from Chicago, IL, with our first-ever Patriot Award.

Kali graduated from the University of Rochester in May 2009, where she majored in political science and minored in legal studies. Upon moving to Chicago in June 2009, Kali began working with the Chicago Committee to Defend the Bill of Rights (CCDBR), which has fought for 43 years against government encroachment on constitutional rights in all its forms. CCDBR began as part of the struggle to disband the House Committee on Un-American Activities (HUAC), played a major role in the opposition to Chicago Police “Red Squad” spying in the seventies, and in 2003 helped facilitate the passage of the Chicago City Council resolution against the USA PATRIOT Act. Operating as a representative and board member of CCDBR, she began working with two other Chicago-based groups devoted to promoting civil liberties issues: the Illinois Coalition Against Torture (ICAT) and the Jail Jon Burge Committee.

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• 8/31, Chris Mondics, Philadelphia Inquirer, The law, not ideology, motivates Guantanamo attorneys
• 8/31, Mike Scarcella, BLT: Blog of Legal Times, D.C. Circuit Denies Rehearing in Guantanamo Detainee Case
• 8/30, Three Sonorans, Tucson Citizen, Campaign launched to document law enforcement abuse and racial profiling
• 8/30, Walter Pincus, Washington Post, Guide for interrogators tells how FBI agent turned suspect into informant

• 8/30, William Fisher, Inter Press Service, FBI: No Probable Cause Required For Surveillance
• 8/30, Glenn Greenwald, Salon, Lawsuit challenges Obama’s power to kill citizens without due process
• 8/29, Glenn Greenwald, Salon, Anti-mosque sentiment rages far from Ground Zero
• 8/28, Darryl Perry, Independent Political Report, One Nation Under Surveillance
• 8/27, Daphne Eviatar, The Seminal, How to Overcome the “Legacy of Torture”

Last week, Mayor Michael Bloomberg visited The Daily Show with Jon Stewart and expressed frustration about the recent controversy over the Muslim cultural center set to open in New York City:

There is nothing new this year. The difference is we’re in an election season.  And this whole issue, I think, will go away right after the next election. This is plain and simple people trying to stir up things to get publicity and trying to polarize people so that they can get some votes.

Bloomberg has echoed the president and many others in defending the on-paper Constitutional protections, yet these expressions demonstrate how severely damaged our Constitution, our sense of democracy, and the American sense of self is. Take, for example, the cab driver who was stabbed for his heritage, the people being targeted unlawfully in Arizona and other states, or the Cordoba House controversy.  These sensational issues, whether highlighted by individuals, legislatures or corporations, have completely overwhelmed our vibrant citizenship.  Whether these examples of very poignant discrimination were originally a real or manufactured issue, they are intensely penetrating the United States’ general promise and Americans’ principles on freedom and rights. And what for? Votes?

I remind you that in forming the Constitution, implementing our rights and continuously letting justice guide the hand of Americans, the founders knew that if, no matter what state of affairs, people would adhere to the same principles stated in that infamous document, our country would never fail.

When it comes to societal issues, it has long been understood that where there is no justice there is also very little peace; formal justice is quite unsustainable as long as there are different rules for different people.  We must restore justice, restore peace and not allow fear mongering to influence our votes.

On Friday, a federal appeals court ruled that law enforcement officials now have the right to place GPS tracking devices on your vehicle, without notification or the issuance of a warrant. The case involved the arrest and conviction of an Oregon man being investigated by the Drug Enforcement Administration (DEA) for growing marijuana. The ruling has deep implications for both personal privacy and the independence of the judiciary.

Because the court ruled that law enforcement can engage in covert tracking of an individual suspected of a crime without first obtaining a warrant, many, including Marc Rotenberg, executive director of the Electronic Privacy Information Center, have decried the practice as “Orwellian.” Further abrogating personal privacy is the way in which such a GPS tracking device would be attached to a car in the first place; law enforcement usually goes in the dead of night to attach the device as the car sits in the suspects’ private driveway. While former Justice Department lawyer David Rivkin and others argue that without a fence or sign establishing property as being private the property is not, indeed, safeguarded against trespassing, it is clear that the police has recognized its actions are legally problematic.

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