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February 15, 2002/Adar 3 5762, Vol. 54, No. 22

Resolution sparks civil liberties debate

SHARON SAMBER
Jewish Telegraphic Agency
WASHINGTON - If you think the Jewish community has been quiet about the civil liberties debate lately, just wait.

A resolution charging that the United States has not struck a balance between civil rights and national security in certain areas is expected to be the most hotly discussed issue at the annual conference of the Jewish Council for Public Affairs here Feb. 17-19.

The civil liberties resolution slated for debate at the JCPA plenum has been proposed by the Union of American Hebrew Congregations, the congregational arm of the Reform movement.

In putting forth the resolution, the Reform movement - and its co-sponsors, the community relations councils of Detroit and St. Louis - are challenging the organized Jewish community to take a stand.

"It's time for the organized Jewish community to express a cautious concern of the rolling back of civil liberties in the face of terrorism," said David Bohm, the president of the St. Louis Jewish Community Relations Council and the co-chairman of a JCPA task force on Jewish security and the Bill of Rights.

Opponents of the resolution worry that voicing opposition to some anti-terrorism measures would send the wrong message to the White House as it pushes forward with its fight against terrorism, which benefits Israel and is supported by most Americans.

It's not clear which path will prevail during the meeting.

When the antiterrorism bill moved quickly through Congress in the wake of the Sept. 11 attacks, Jewish groups found it hard to assess the nuances of the bill. A number of directives issued by the Department of Justice raised some concern.

The UAHC resolution "applauds the Bush Administration for its overall efforts to make our nation and our world safe for us and for our children."

But it details three areas where the group says the Bush administration is not appropriately balancing combating terrorism and protecting civil liberties:

  • Attorney-client privilege: the resolution says the Department of Justice directive allowing federal officials to listen in on conversations between certain detained individuals and their counsel undermines due process.

  • The detention of immigrants: the resolution says many feel that detaining suspects without charge for an unspecified "reasonable time" during a "national emergency" violates not only the due process protections of the Sixth Amendment, but also the will of Congress.

  • Military tribunals: The resolution objects to the proposed use of closed-door military tribunals.

Despite the delicate nature of the debate there is a lot of restlessness in the field to get some clarity on the issue of civil liberties, according to Hannah Rosenthal, JCPA's executive director.

The quandary, she and others say, is how to fight the war against terrorism but still maintain the protections under which the Jewish community in particular has benefited.

"When you weaken the protections of civil liberties of any group there is a danger," Bohm said.


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