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----- _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/)
This archive was generated by hypermail 2b30 : Fri Mar 05 2004 - 09:39:25 PST