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October 12, 2001/Tishri 25, 5762, Vol. 54, No. 5
Anti-terror legislation threatens civil rights
SHARON SAMBER
Jewish Telegraphic Agency
WASHINGTON - A week after terrorists struck the World Trade Center and the Pentagon, the American Civil Liberties Union cautioned that in pursuing terrorists, America should not sacrifice civil liberties in the name of national security.
Jewish groups were noticeably absent from the list of more than 100 organizations that signed on.
Now, as the United States mounts its war on terrorism and anti-terrorism legislation moves full steam ahead in Congress the decision by liberal Jewish groups not to align with those they often agree with reflects the dilemma they face.
Activists and legislators alike have been caught between wanting to take swift action against terrorism and taking a cautious approach to new anti-terrorism legislation because of possible infringement on civil liberties and extending too much power to federal authorities.
Most Jewish groups are supporting the compromise legislation that is emerging.
Certain expansions of current anti-terrorism laws suggested in the legislation make sense, said Stacy Burdett, assistant director of the ADL's government and national affairs office in Washington. An example is roving wiretaps - where the tap follows the person - as an efficient update of anti-terrorism laws.
At the Religious Action Center of Reform Judaism, "our instinct is to support a bill that gives law enforcement the tools to combat terrorism," said Mark Pelavin, the group's associate director.
Two major provisions that have raised civil liberties concerns for the RAC and other Jewish groups relate to wiretapping and searches and detention of suspects.
The administration was pushing warrantless searches but the House bill has amended the provision and placed limits on who can receive the wiretap information, and also requires a court order approving a search or certain types of electronic surveillance.
The administration also called for indefinite detention of foreigners who are certified by the attorney general to have terrorist ties. The House bill requires a seven-day limit on the detention and then asks for later court intervention and assessment of the case by the attorney general's office.
Some provisions of the bill would expire in two years, forcing Congress to take action if they want to extend the legislation. The administration objects to the so-called sunset provisions.
Matt Latimer, spokesman for Sen. Jon Kyl - the ranking member of terrorism sub-committee of the Senate judicial committee - said, "Sen. Kyl is supportive of what the president has requested. We need to give law enforcement more tools to do its job."
Kyl does not believe civil liberties is a zero sum game, said Latimer. "Protecting the safety of Americans does not necessarily mean taking away their civil liberties."
It is unusual for Jewish organizations to be on the outside of a civil liberties debate, but Jewish groups are especially sensitive to terrorism issues and sometimes end up parting company with their regular allies.
The ACLU's letter called for "a need to consider proposals calmly and deliberately with a determination not to erode the liberties and freedoms" and to "resist the temptation to enact proposals in the mistaken belief that anything that may be called anti-terrorist will necessarily provide greater security."
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