Quote:
Originally posted by Mulder: Would it do any good? Just read the tone of the article, the absurd allegations (i.e., how was it passed by the House if the Congressman couldn't read it?) and check the web site it came from and that tells you all you need to know. |
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http://www.foxnews.com/story/0,2933,78283,00.html
Constitutionality of Second Patriot Act Questioned
Tuesday, February 11, 2003
This is a partial transcript of The Big Story With John Gibson, Feb. 10, 2003, that has been edited for clarity. Click here to order the complete transcript.
Watch The Big Story with John Gibson weeknights at 5 p.m. ET
JOHN GIBSON, HOST: The Patriot Act was passed by Congress in the weeks after the attacks of 9/11. The new law gave federal agencies sweeping new powers to stop terrorism. Now, Attorney General John Ashcroft says more is needed. Details of Patriot Act II just leaked, and already the debate is white hot, critics arguing the new law would be an unnecessary assault on our civil liberties.
And that, of course, is a question for FOX News senior judicial analyst, Judge Andrew Napolitano.
So just to give the French another dig, Patriot Act part deux.
JUDGE ANDREW NAPOLITANO, FNC SENIOR JUDICIAL ANALYST: Part deux.
GIBSON: Why wasn't the first part enough?
NAPOLITANO: Well… none of this has been proposed. It was just leaked over the weekend. It is an 80-page document.
And basically, what the government wants to do, if it makes this proposal...
GIBSON: John Ashcroft.
NAPOLITANO: ... correct — and if the Congress enacts it, it will be to make lawful some of the things it's already doing that are being challenged. Example, calling people "enemy combatants," locking them up, throwing away the key, and not charging them. There is no statute that authorizes that. John Ashcroft would like the statute to authorize it.
Locking some people up, no bail, and no notices to who they are, not even revealing their name, much less the charge. He would like to make that lawful.
He wants to prohibit lawyers from speaking to the press about what their clients tell them about the prosecutions against their clients.
And he wants to be able to deport people, even Americans, by stripping them of their citizenship if they give aid — directly or indirectly — any terrorist organization.
GIBSON: So some of the logic here is that during the great expanse of granting citizenship to people from all over the world, we made some mistakes. And we're going to go out there and grab those little Al Qaeda citizens by their lapels, strip them of their citizenship and send them back to where they came from.
NAPOLITANO: Unfortunately...
GIBSON: Now, a lot of Americans might think that's a good idea. What is wrong with it?
NAPOLITANO: Well, it is wrong to assume that a person gives up their citizenship because they installed a telephone in an office building that happens to be used by a terrorist organization. The problem with the statute is that it makes it easy for the government, so easy it's unconstitutional, critics say, because it doesn't require the government to prove...
GIBSON: Well, wait a minute. You're the judge. Do you think they are?
NAPOLITANO: Yes. It doesn't require the government to prove that the person intended to aid the terrorist organization.
So the government would have enough power to declare a person aided a terrorist organization, strip them of their American citizenship, and deport them without a trial, and without judicial review.
GIBSON: Right. But why do you find this so personally threatening? They're not going to come after you or me.
NAPOLITANO: Well, I don't think they're going to go after you or me, even though we at times have given the attorney general some elbows in the ribs when we think he deserved it.
It is personally offensive because the whole purpose of our Constitution is to guarantee liberty. It's to guarantee that things like this will not happen in stressful times.
GIBSON: But we confer upon people who ask it, who come here. We confer the citizenship upon them. What you're saying is that once we realize they came here with nefarious motives, we can't take it back?
NAPOLITANO: That's correct. They have to be tried and prosecuted like anybody else, because it is too much power, critics argue, in the hands of the government just to strip citizenship and punish without trial.
GIBSON: Would some of those critics be nine gray eminencies in the country's highest court, do you think?
NAPOLITANO: I think they'll have the last word on this as usual, John.
GIBSON: All right. Judge Andrew Napolitano, Patriot Act part deux.