[Politech] Harvey Silverglate on Patriot Act, right to travel freely [priv]

From: Declan McCullagh (declan@private)
Date: Fri Mar 05 2004 - 10:02:34 PST

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    Harvey is a lawyer in Cambridge, Mass. who is a lifelong defender of
    liberty. Currently he is involved with the Foundation for Individual
    Rights in Education (thefire.org), and has just published this
    important article on why the Patriot Act is not the biggest threat to
    civil liberties:
    http://www.bostonphoenix.com/threshold/03650087.asp
    
    -Declan
    
    -------- Original Message --------
    Subject: RE: [Politech] John Gilmore on Americans' right to travel anonymously[priv]
    Date: Fri, 5 Mar 2004 12:17:38 -0500
    From: Harvey Silverglate <has@private>
    To: Declan McCullagh <declan@private>, <politech@private>
    
    Declan,
    
    	It is no longer true that the government has to charge one
    with a crime in connection with an arrest. First, the Department of
    Justice has pursued an expansive interpretation of the federal
    "material witness" statute. Worse, the DOJ now assumes that the
    President may order the arrest of an American citizen on American soil
    and hold that person as an "enemy combattant" without charge, without
    access to legal counsel, without access to the federal courts - that
    is, incommunicado. Consider the arrest of American-citizen Yasser
    Hamdi at O'Hare Airport in Chicago, whose case has recently been
    accepted for review by the SCOTUS.
    
    	 Welcome to The People's Republic of the United States of America.
    					Harvey Silverglate
    					Boston and Cambridge
    
    -----Original Message-----
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