When
Americans talk about “the usual suspects,” the reference comes with a
built-in nudge and wink. It’s like what has happened to the once-threatening
accusation “politically incorrect” — a phrase now so transparently
ironic, even Sgt. Joe Friday would crack a smile.
ย ย ย ย ย ย ย ย ย ย ย When the going gets rough, though,
America can be humorless, even merciless. In the post-9/11 world, some people
become not just usual, but inevitable and perpetual suspects.
ย ย ย ย ย ย ย ย ย ย ย The federal government continues to
arm law enforcement and intelligence operatives with new, controversial legal
tools. Best known are the USA PATRIOT Act and the as-yet-unlegislated package
known as “PATRIOT Act II.”
ย ย ย ย ย ย ย ย ย ย ย People also express fear —
occasionally with an ironic smile — about Acts III, IV, or more on the way.
But across the political spectrum, they’re speaking out and fighting back
pre-emptively.
The
USA PATRIOT Act — in full, the “Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct Terrorism”
law — was passed in October 2001. Debate before passage was short and
shallow. Some of the law’s provisions will “sunset” at the end of
2005, but they could be made permanent for the endless “war on
terrorism.”
ย ย ย ย ย ย ย ย ย ย ย According to the American Civil
Liberties Union, the Act includes “sweeping new powers” that threaten
a good chunk of the Bill of Rights. True, in many respects the Act only
codifies past practices. But it does give government agents new powers of
surveillance (via internet as well as phone-taps, etc.), unprecedented access
to financial and medical records, and wider discretion to investigate citizens’
activities without “probable cause.” Worst of all, the law can allow
“non-citizens to be jailed… on mere suspicion” or “detained
indefinitely… without meaningful judicial review,” the ACLU notes.
ย ย ย ย ย ย ย ย ย ย ย Thousands of immigrants have been
“interrogated” without evidence of wrongdoing, says the ACLU. And
“thousands of men, mostly of Arab and South Asian origin, have been held
in secretive federal custody for weeks and months, sometimes without any
charges.”
ย ย ย ย ย ย ย ย ย ย ย If you like the PATRIOT Act, you’d
love “PATRIOT Act II,” a proposal technically called the Domestic
Security Enhancement Act. A draft of this Act, which had been circulating
quietly in the Bush administration, surfaced early this year. Commentator Bill
Moyers dealt with it at length on his PBS show in February. He got a response
from the Justice Department assuring him that no final decisions had been made,
and that “deliberations are always undertaken with the strongest
commitment to our Constitution and civil liberties.”
ย ย ย ย ย ย ย ย ย ย ย Still, PATRIOT II is one to watch.
The Washington-based Friends Committee on National Legislation fears it would
widen government surveillance powers even further. It could establish “new
crimes” related to nonviolent political activity imaginatively linked to
terrorism, and it might even allow targeted individuals to be stripped of their
US citizenship on doubtful grounds, says the group.
ย ย ย ย ย ย ย ย ย ย ย Bush and his allies may not get
everything on their wish-list. But under their influence, authorities already
are using extraordinary means to harass and intimidate individuals and groups.
ย ย ย ย ย ย ย ย ย ย ย For evidence of this, look at two
sets of events that occurred in Rochester on or about December 10 —
ironically, International Human Rights Day.
The evening of
December 9,
scores of people stood outside Rochester City Hall, many of them holding lit
candles as points of warmth in the 40-degree air.
ย ย ย ย ย ย ย ย ย ย ย Some glitch had disabled the sound
system, and for a moment it seemed people were hesitant to continue. But soon,
one by one, they began reading sections of a long document. Police stood in the
background; the uniformed and plainclothes officers acted with restraint, yet
they sometimes spoke to each other loudly enough to make the readings hard to
follow.
ย ย ย ย ย ย ย ย ย ย ย Led by the local Alliance for
Democracy and the Genesee Valley ACLU, the gathering was built around the
“Universal Declaration of Human Rights.” Like the US Constitution,
the Declaration — adopted by the United Nations on December 10, 1948 —
enumerates rights like freedom of speech, religion, peaceful assembly, due
process, and equal protection under law. (It also speaks at length of economic
rights, on which the US Constitution is silent.)
ย ย ย ย ย ย ย ย ย ย ย The Declaration speaks directly to
things like the PATRIOT Act, which was the focus of a program following the
City Hall gathering. “In the exercise of his rights and freedoms,”
says the Declaration, “everyone shall be subject only to such limitations as are determined by law [for] meeting the
just requirements of morality, public
order and the general welfare in a democratic society” (emphasis
added).
ย ย ย ย ย ย ย ย ย ย ย Inspired by this language, many
organizations are in effect enacting the Universal Declaration by agitating
against the PATRIOT Act specifically.
ย ย ย ย ย ย ย ย ย ย ย Here in Rochester, the ACLU chapter,
the Bill of Rights Defense Committee, the local League of Women Voters, and
other groups, are promoting a new resolution to be put before Rochester City
Council. This, says ACLU director Barbara Williams de Leeuw, can add teeth to
the “memorializing” items (essentially letters) and legislative
proposals that city councilmembers and county legislators reviewed last spring.
ย ย ย ย ย ย ย ย ย ย ย The new resolution calls for
limiting local police involvement in the surveillance of immigrants and public
events; and it envisions the posting of “warning” signs about
library-record surveillance, and so forth. The text also asks city council to
obtain relevant information from federal authorities about search warrants
issued here, and about government requests for school, library, and medical
records.
ย ย ย ย ย ย ย ย ย ย ย “We’re trying to gather 10,000
signatures,” says de Leeuw. “Our stand is that [government officials]
had the information they needed on the World Trade Center terrorists. We don’t
need more of these things to catch terrorists.”
ย ย ย ย ย ย ย ย ย ย ย Are the PATRIOT Act and related
measures actually affecting local people? The ACLU office, says de Leeuw, has
fielded calls from outlying counties about police becoming too
“zealous.” But how about the city of Rochester? “We really have
a fortunate situation here,” she says, largely because of Chief Robert
Duffy’s personal feelings about people’s right to protest.
The FBI spent International
Human Rights Day doing its own thing in Rochester.
ย ย ย ย ย ย ย ย ย ย ย In coordination with the US Postal
Service and other entities, FBI agents sprang raids on a half-dozen grocery
stores and other locations in the city December 10.
ย ย ย ย ย ย ย ย ย ย ย All the raids targeted
Yemeni-Americans. Agents walked off with computers, paperwork, and personal
possessions. The investigation continues; agents reportedly are tracking money
some local Yemeni-Americans have been remitting to Yemen via a third-party “handler.”
A federal customs official told News
10NBC: “What we’re afraid of is that the money leaving is going to
hurt citizens of the United States along with US military abroad.”
ย ย ย ย ย ย ย ย ย ย ย Arrests may or may not follow —
all eyes are on previous raids, arrests, and sentences in the case of Yemenis
in Lackawanna, near Buffalo — but FBI actions here have produced immediate
and negative effects. And some local Yemeni-American store owners and managers
are willing to detail these effects. (The Yemenis we interviewed are all US
citizens; they are not connected to the stores that were raided. At least 75
stores in the city are Yemeni-owned.)
ย ย ย ย ย ย ย ย ย ย ย “We know each other from back
home,” says city resident Abdalaziz Alshaibi. “Everyone is sending
money back home.” The amount “depends on how much we make,” he
says. A typical remittance, he and others say, is $500 or $600.
ย ย ย ย ย ย ย ย ย ย ย Indeed, many Yemenis who came to
Rochester emphasized that they came to the US precisely because it’s possible
to make money here. “It’s hard to make money back home,” says Walid
Shaibi, a young store manager. But that’s not the whole story, says Alex Saeed:
“It’s also freedom.”
ย ย ย ย ย ย ย ย ย ย ย “I have seven children back
home and my wife,” says Abdulla Ali, who heads the Yemeni-American
Cultural Association. Ali adds that he’s been trying for a year to bring his
family to Rochester — in vain, because of red tape. But he persists. “I’m
looking for a better life in the United States,” he says. “I’ll never
go back [to Yemen].”
ย ย ย ย ย ย ย ย ย ย ย The Yemeni community here numbers
300 to 400, a tenth the size of the Yemeni population in the Buffalo area.
Yemenis came to Lackawanna and Buffalo two generations ago to work in the
then-busy steel industry; many of their descendants have remained there long
after the mills were shut down. By contrast, most Yemenis in Rochester came in
the 1990s and have gravitated toward convenience stores.
ย ย ย ย ย ย ย ย ย ย ย Though they’re aware of what’s
happening across the US, local Yemenis think it’s odd they’ve been singled out
here. “We have a good relationship with the [city] police, with the Chief
and the officers,” says Abdulla Ali. Store owners, he says, have had
productive meetings with City Hall officials, too, including Mayor Bill
Johnson.
But Yemenis
aren’t the only “others” here who’ve become targets of official opportunity.
ย ย ย ย ย ย ย ย ย ย ย Some background in brief: In
November 2001, a new law created the Transportation Security Administration
within the federal DOT. Connected to the equally new Department of Homeland
Security, the TSA was put in charge of airport passenger screening. Among other
things, the TSA began developing “non-discriminatory government-approved
criteria for identifying passengers who require additional security.” So far,
so good.
ย ย ย ย ย ย ย ย ย ย ย But one Pittsford resident, 31-year
old software consultant Asif Iqbal, is wondering about the
“non-discriminatory” part.
ย ย ย ย ย ย ย ย ย ย ย Iqbal, who grew up in Pakistan,
studied at the University of Texas, and has lived in the US for a decade, says
he’s been pulled aside numerous times while trying to board aircraft. And since
his livelihood depends on business travel, the delays are no small
inconvenience. He believes he’s singled out because he’s got the same name as
someone locked up at Guantanamo Bay.
ย ย ย ย ย ย ย ย ย ย ย “I travel a little more
frequently than other people,” says Iqbal. “I’ve had a series of
meetings with the TSA [but] am getting a lot of red tape.” In one meeting,
he says, a TSA official offhandedly suggested he could solve the problem by
changing his name. “I don’t know if he was kidding,” Iqbal says.
ย ย ย ย ย ย ย ย ย ย ย Washington-based TSA spokesperson
Amy von Walter says the TSA doesn’t have information about any Guantanamo
detainees. But, she says, “if someone is on the ‘no-fly’ list, they’re a
known or potential threat to civil aviation.” Anyone who succeeds in
getting a boarding pass is not on the list, she maintains.
ย ย ย ย ย ย ย ย ย ย ย If travelers experience any problem,
says von Walter, they can contact the TSA ombudsman at 866-289-9673. She says a
new “CAPPS II” protocol (Computer-Assisted Passenger Pre-Screening)
is due out “sometime next year.” The system, she says, should be able
to sort out names that cause confusion at the gate. “It can separate Joe
Smith 1 from Joe Smith 2,” she says.
ย ย ย ย ย ย ย ย ย ย ย In the meantime, Asif Iqbal has
enlisted local advocates.
ย ย ย ย ย ย ย ย ย ย ย “You have a constitutional
right to travel” unless you’ve committed a crime or constitute an actual
threat, says ACLU counsel Scott Forsyth, who’s familiar with Iqbal’s case.
ย ย ย ย ย ย ย ย ย ย ย Forsyth says he’s worried about
“the storing and retention of information well past its usefulness.”
Some on the
political right have aimed their rhetorical guns at recent abuses of civil
liberties.
ย ย ย ย ย ย ย ย ย ย ย Old-line conservative icons like New York Timesman William Safire have
decried government abuse of power in the aftermath of 9/11. (In November 2001,
Safire said the Bush administration was bent on deploying “dictatorial
power” against aliens charged with terrorism.)
ย ย ย ย ย ย ย ย ย ย ย Local conservatives are worried,
too.
ย ย ย ย ย ย ย ย ย ย ย “I never felt a connection to
the left till September 12,” says Steve Healey, founder of the Libertarian
Party of Monroe County, which took part in the November 9 demonstration at City
Hall. “George Bush has been the ACLU’s best recruiting tool,” says
Healey. Conservatism used to be about “small government and individual
rights,” he says. “If one is a law-abiding citizen, what can one
expect?” Healey asks. He wonders if people who write letters-to-the editor
critical of government policies will be “hassled at the borders.”
ย ย ย ย ย ย ย ย ย ย ย Libertarian Party members here
aren’t organizing actively against the PATRIOT Act, says Healey. But the Party
will focus on civil liberties at a dinner planned for January 21, he says.
ย ย ย ย ย ย ย ย ย ย ย Libertarians nationally are on the
same page. The movement’s flagship publication, Reason magazine, recently named US Attorney General John Ashcroft
one of its 35 “Heroes of Freedom.” The tongue was firmly in cheek:
Ashcroft, says the magazine, was honored because he’s helped create “an
unprecedented coalition of conservatives, liberals, and libertarians around a
single noble cause: the protection of civil liberties.”
ย ย ย ย ย ย ย ย ย ย ย Some observers have wondered how
Ashcroft-style law enforcement will affect movements far removed from any
“terrorist threat.” And the level of wonderment is increasing after
recent street battles in Miami, Florida, during events related to the
“Free Trade Area of the Americas.”
ย ย ย ย ย ย ย ย ย ย ย In that case, the protesters were
diverse — young “anti-corporate globalization” activists,
proponents of “fair trade,” labor union rank-and-file members,
environmentalists, indigenous peoples, and so forth. Plans called for nonviolent
marches and street theater. But according to numerous media reports, the Miami
police behaved as if an insurrection were breaking out.
ย ย ย ย ย ย ย ย ย ย ย On one day
during the protests, said a CNN report, “parts of downtown Miami resembled
a police state.” Protesters charge the police used provocative control
methods and resorted to outright brutality. In a response printed in the Miami Herald, police chief John Timoney
charged the AFL-CIO had invited “avowed troublemakers” to town. Legal
action against many arrestees is pending, and a nationally coordinated defense
committee is up and running.
ย ย ย ย ย ย ย ย ย ย ย Some
Rochesterians were in the thick of the dramatic events in Miami.
ย ย ย ย ย ย ย ย ย ย ย Dawn Zuppelli was
there as a member of Rochester Indymedia, a democratically-run alternative news
outlet. (See www.rochester.indymedia.org for image galleries of Miami street
action; the images show the effects of the liberal use of police batons.) “At
one point,” says Zuppelli, “I was trying to leave and the [Miami]
cops were surrounding people, corralling, getting closer and closer… I tried to
get out.” Someone asked for her press credentials, she says, and that led
to her getting away. “There were so many [obvious] ‘undercovers’ among
us,” she says. The provocateurs, she says, were stealing cameras from New
York City Indymedia and others.
ย ย ย ย ย ย ย ย ย ย ย “Miami was
by far the most police repression that I’ve ever seen,” says local
Indymedia member Ben Dean by e-mail. “I’ve gone to a few of these actions
before, and Miami blew them all away in terms of police violence… I think that
Miami represents a dramatic shift in the way the government is going to treat
protests; many officials are talking about using the ‘Miami model’ for upcoming
events.”
ย ย ย ย ย ย ย ย ย ย ย Nonetheless, Dean
says the protests accomplished a great deal. His description of these
accomplishments sounds much like what’s been said about George Bush and John
Ashcroft as unintentional “organizing tools.”
ย ย ย ย ย ย ย ย ย ย ย “Everyone
I’ve talked to,” says Dean, “tells me the police tactics made them
more determined to fight against the neoliberal agenda. I’ve certainly been
putting much more energy into activism since then.”
This article appears in Dec 17-23, 2003.
