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August 15th, 2004
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Minorities Post 911 Your Rights and Mine: What to do when the FBI makes house calls by Sophia Barkat A July 8, 2004 an FBI memo titled, "Dept. of Justice, Federal Bureau of Investigation Reinforce Commitment to working with leaders of Muslim, Sikh and Arab-American Communities" was sent to it's 56 offices (See fbi.gov). Fox News and NBC News also reported that the FBI has just sent out a memo to all 18,000 of it's offices to interview Muslim students and that these are being carried out. Question arise about the nature of these house-calls. Are these check-ups on students who had to previously register under the Special Registration process of the INS or the BCIS, as it is now known? Are these random lists to see if people are opposed to the War in Iraq or in Afghanistan or if they dislike George Bush and the whole neocon establishment in Washington? Are foreigners and Muslims suspect if they support Palestine as opposed to Sharon's terrorism, and will they be considered suspect if so? What are the house-calls going to be about? How about Communism? Is that a topic of interest? For many of us who are opposed to George Bush's New World Older but have nothing against Americans in general, or for those who write against the Neocon establishment, is this a time to make several copies of our hard-disks in fear that our computers will be confiscated? What about our property rights? Will anything else be confiscated? Books? TVs? Radios? We know our library accounts are being scanned for any kind of evidence. Our homes are under surveillance by local law enforcement pretending to be neighbors. All that simply because we are not going to vote for George Bush and look a certain way! Who will protect us? Is anyone out there or even a semblance of democratic institutions and laws in place? Protected by the Law? According to US Constitutional Law, in particular the First Amendment -- Patriot Act or not – anyone in the US, whether Muslim or not, should have no fear of being oppressed by the State for having views, making certain statements, practising a faith that is not the majority religion. But what if someone should be harrassed by law enforcement for giving money to a non-Israeli charity, that happens to buy weapons for Palestinians? Is that not protected by the Constitution? And during the house-calls will it help to know our rights? Do we still have the right to request that a lawyer be present at all times during such house-calls by the FBI or any other law enforcement agent? The US Government promises Freedom of Speech, Freedom of Assembly, Freedom to practice any religion, belief or political ideology in it’s Constitution. Does the US Government plan to uphold the US Constitution? The Patriot Act may be a sign that politicians and law-makers may not be so keen on the First Amendment. Does this means freedom from oppression from any McCarthyism in the US is no longer guaranteed? US citizens take this freedom quite seriously but some may support such unconstitutional procedures out of fear of future terrorist attacks. Though the fear is understandable, one should be careful such fears are not used in a political race for the White House. What are my Rights? It is possible that law enforcement agents might construe re-scheduling appointments as a sign of guilt, or non-cooperation or an attempt to run away, but it is legal to have a lawyer present at all times. It is possible arrests will be made that have no basis, and political ideologies turned into basis, depending on who is present at the time. Having no lawyers present can mean that innocents may end up in jail with no trial date or court procedure in sight. International students and Muslims in the US should, therefore, have a lawyer present at beck-and-call. The Habeas Corpus rule seems to have been thrown out the window and if not people in the Justice Department are breaking the law. If you can’t afford a lawyer contact your college or university about your rights. Colleges or universities concerned about falling admissions rates of International Students, especially from Asia, Africa and the Middle East, should have some help available and if not, it is a good time to find out why not and to demand some. The Affirmative Action Offices or the Office of International Programs are a good place to make queries about Civil Liberties and to find out step-by-step procedures to deal with the issue. If all else fails you can also call the American Civil Liberties Union. They usually have lawyers all across the US waiting to help on a voluntary basis. What to Avoid During Interviews? Your lawyer will probably tell the FBI agent if he or she is breaking a law, but in case you don't have one present, these are things you should avoid doing. Muslims or Arabs or for that matter Americans are not expected to take the view-point of the Bush Administration, nor is it illegal to have a different opinion. Technically one cannot be put in jail for being against the War in Iraq or Afghanistan or for foul-mouthing George Bush. Just be careful not to say things like "I wouldn’t mind if the White House was blown up or if Bush was assassinated," no matter how rational and desirable it may seem. The US Constitution promises Freedom of Speech, Freedom of Assembly, Freedom to practice any religion, belief or political ideology in it’s Constitution. We are not supposed to think like George Bush or like Neocons and that is part of the idea of the Constitution, whether the FBI or local law enforcement or the Justice Department uphold it or not. Now if it comes to this. You are a political activist, a writer, an Arab or Muslim or Sikh the FBI or law enforcement agents find suspicious, just because, and put you up for a polygraph test and ask you questions about your political affiliations, views on Iraq, your view of Bush, your view of Israel -- well, there you are probably toast. Makee sure you get a copy of the polygraph test and call the ACLU.org so that you don't mysteriously disappear from the face of the earth. Journalists, activists, political dissidents are routinely rounded up and killed in all countries. The US is no exception. Just think about all the missing and dead journalists in Iraq and you know how the US Government deals with Freedom of Speech. Will Americans help me? A major section of America is opposed to the War in Iraq and does not appreciate Bush’s terror tactics. They may not be heard about at Fox News, ABC, NBC, CBS or any of the media who's parent companies are major US contractors in Iraq. But have no fear. Americans concerned about civil rights abuse are in every house. If you are afraid of talking to the FBI alone and no lawyer is in sight then call your neighbor. Make sure the person knows you well, and can call a lawyer for you or get help if you are suddenly put in a police car and whisked off. Though many Americans may have been worried and still are that potential al-Qaeda members live in their neighborhoods, they are also fed up of the "terror card" played out by George Bush near election time. People understand that every time the Homeland Security Department gives an elevated warning, Bush’s ratings go up a bit. With nothing else to run on, and an embarrassing record on the Economy and in Iraq, these are desperate times for the Republican Party and George Bush and they might try to round up many Arabs and Muslims with fabricated stories, just to win in November. Do you live close to a US Veteran? Call the nearest organization. Talk to some. The Veterans for Peace for e.g., is an organization of US Veterans who are opposed to war and is doing much to educate schools and colleges about the terrors of War, veterans issues and also about civil liberties. The more your neighbors know you the more likely they will help you if something should happen. Don’t be afraid and lock yourself up from people who can help. Another great place to find information is at your college’s Political Science Department and even the Criminal Justice or Law departments. Try also university chapters for Amnesty International and other Student bodies like the National Youth and Student Peace Coalition or even College Democrats. Call these organizations and see what they have in place about Civil Liberties issues. Some may have workshops. You can also keep in touch with our staff at Juryfury.com by posting your queries to our JuryFury Chat site. We have lawyers on beck-and-call and will be happy to help you out. ACLU sues DOD? Since September 11, 2001, the ACLU and other lawyers involved in Civil Rights cases have been looking into false deportation, employment related cases, and false imprisonment and inhumane prisoner treatment cases. The ACLU on August 12, 2004 announced that it wants all documents related to the Muslims, Arabs and other detainees in US prisons. The Abu Ghraib situation has the ACLU very concerned about how other detainees are being treated, and what might be going on inside US prisons if sudden arrests are made, as occurred after Sept. 11, 2001 (See ACLU.org site for the Press Release): "The government’s insistence that these records must be suppressed is deeply troubling," said Jameel Jaffer, an ACLU Staff Attorney. "The public has a right to know whether senior government officials endorsed practices that violate domestic and international law, as seems to have been the case." At issue in today’s hearing was a lawsuit filed by the ACLU and its allies after the Defense Department and other federal agencies failed to release records in response to Freedom of Information (FOIA) requests filed in October 2003 and May 2004. The requests sought records concerning the interrogation and treatment of detainees and the extrajudicial "rendition" of detainees to countries known to use torture. Keep informed about Civil Liberties issues that are important. Always check with ACLU.org. Parting Thoughts: Have a list ready -- people who are working on Civil Liberties issues. Have it in your diary, phone, on person. It's possible nothing will happen to you but what is the point of taking chances? References: Read about the McCarthy Trials GPO.gov A Look at Patriot Act I and II in light of Police Brutality, by Sophia Barkat, Juryfury.com About the Author(s): See under Our Contributors to find out about the Author(s) of this article. |
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