Post-9/11 police powers are turned on America

The Roanoke Times | December 3 2004

In the fear-filled days immediately after 9/11, America had almost unprecedented clarity and unanimity about its priorities.

Mass murder had been committed in Manhattan, Arlington and Pennsylvania. Anthrax had been unleashed, claiming yet more lives. With good reason to fear additional terrorist attacks, security trumped civil liberties concerns. Congress set aside important limitations on the activities of the FBI and other police agencies. Search and surveillance restrictions were eased sharply. So, too, was outside oversight.

Terrorism remains a fearsome concern. But three years later, the United States should be worried as well about a threat of its own making: Anecdotal evidence suggests the FBI and 100 anti-terrorism task forces around the country have used the new powers to investigate political activists and others despite little or no reason to suspect terrorist activities.

The Patriot Act and related measures were clearly aimed at violent organizations such as al-Qaida. Yet pacifist, environmentalist, human rights and especially anti-war groups have reportedly been put under surveillance and members questioned and occasionally detained. People who are originally from or who have simply traveled to Middle Eastern countries cite similar experiences.

The American Civil Liberties Union, which has sued for information about the monitoring, also reports aggressive use of the Foreign Intelligence Surveillance Act to conduct wiretaps and secret searches without probable cause in criminal cases to which the act does not apply.

National Security Letters, according to the ACLU, are used to access bank, credit and Internet records in nonterrorist cases without judicial oversight.

Official secrecy regarding use of the expanded powers only adds to the concern. The Justice Department refuses to release even basic statistical information, and the ACLU says documents and e-mails it managed to obtain only after long delays had large portions regarding policy and use blacked out.

Though possibly legal, the government's actions are profoundly troubling. At best, it may be diverting police and intelligence resources from the real terrorist threats. At worst, it may be deliberately targeting and inevitably intimidating Americans who oppose Bush administration policies.

Three years ago, the nation gave free rein to law enforcement officials. Now it needs to find out where they went - and may be going.

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