Mississippi House Votes to Ban Ticket Cameras; Missouri and Maryland Protest
Author: goldironMississippi House Votes to Ban Ticket Cameras; Missouri and Maryland Protest
Mississippi state House votes 117-3 to ban red light and speed cameras. Public protest against photo ticketing grows in Maryland and Missouri.
A near-unanimous Mississippi state House of Representatives voted Wednesday to ban red light cameras and speed cameras while anti-camera citizen protest movements gathered steam in other parts of the country. Mississippi state Representative Edward Blackmon, Jr. (D-Canton) inadvertently kicked off the effort when he introduced a measure designed to give legislative approval to the use of photo enforcement so long as ticket records were not shared with insurance companies. Blackmon’s proposal was a clever way to encourage the city councils of Jackson, McComb, Natchez, Southaven and Tupelo, all of which have approved red light camera ordinances, in the guise of placing limitations on automated ticketing machines.
The state House Judiciary Committee would have none of it. The panel rewrote Blackmon’s measure to ban not just the reporting of photo tickets to insurance companies, but also the issuance a photo ticket for any offense other than a toll violation.
“A civil or criminal traffic citation may not be issued as the result of the use of automated recording equipment on state, county or municipal highways, roads and streets, and any evidence obtained from such use shall not be reported to the Department of Public Safety for any purpose, to any person or entity for the use on any credit report or to any insurance company for insurance purposes,” House Bill 1568 now states.
Blackmon was one of only three House members who voted against the revised legislation which now heads to the state Senate for its consideration.
In the neighboring state of Missouri, a group of concerned Kansas City residents gathered this weekend to protest red light cameras. The event took place at the location of the city’s first red light camera which is to be activated later this week. The citizens’ group Liberty Restoration Project insisted that red light cameras increase accidents (view studies) and urged passersby to support Senate Bill 211, a measure that would ban all photo ticketing (view details). The legislation will be considered in a state Senate hearing this week.
At the same time in Maryland, a group of citizens gathered on Connecticut Avenue in Chevy Chase, just over the border from Washington, DC, to protest at the site of a notorious speed camera trap. Members of the newly formed DC.CameraFraud.com pointed out that the speed cameras were located on a six-lane boulevard — not a school zone or residential neighborhood as required by state law — and that the cameras themselves were hidden behind trees and signs. The group hopes to raise awareness in the Washington, DC metropolitan area as Virginia municipalities begin to re-install red light cameras, the District adds new speed cameras and the Maryland legislature contemplates using photo radar on freeways for the first time.
Mississippi Legislature, Regular Session 2009
HOUSE BILL NO. 1568
Version as amended and passed by the HouseAN ACT TO PROHIBIT TRAFFIC CITATIONS ISSUED AS THE RESULT OF THE USE OF ELECTRONIC SPEED SENSORS OR CAMERAS FROM BEING REPORTED TO THE DEPARTMENT OF PUBLIC SAFETY OR INSURANCE COMPANIES; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1.
(1) A civil or criminal traffic citation may not be issued as the result of the use of automated recording equipment on state, county or municipal highways, roads and streets, and any evidence obtained from such use shall not be reported to the Department of Public Safety for any purpose, to any person or entity for the use on any credit report or to any insurance company for insurance purposes. For the purpose of this section, the term “automated recording equipment” means a camera or optical device designed to record images that depict the vehicle, the vehicle operator, the license plate of the vehicle and/or other images to establish evidence that the vehicle or its operator is not in compliance with a law, ordinance, order or other provision imposed by the state or a political subdivision thereof, or the payment of tolls at toll facilities.(2) Nothing in subsection (1) of this section shall be construed to prohibit the use of automated recording equipment to enforce the payment of tolls at toll facilities, as provided under Section 65-43-73.
SECTION 2. This act shall take effect and be in force from and after July 1, 2009.
Judge Says Trooper’s Stop Was Improper
NASHVILLE, Tenn. - A state trooper attempted on Wednesday to defend himself against charges that he made an improper traffic stop.
Video: Witnesses Testify In Motorcycle Stop
Trooper Jimmy Knowles came face-to-face with his accuser, and one witness came from as far away as Atlanta to testify in the hearing.
Andru Evans and Eddie Jennings both testified in traffic court that they told Knowles that he had pulled over the wrong person for speeding in October.
“I’m coming out of my truck, and I’m yelling him, telling, ‘You got the wrong guy. You got the wrong guy,’” testified Jennings.
The men were in separate vehicles traveling on Interstate 40 in Wilson County in October. Both said they remember seeing another biker, Rick Laude, on his motorcycle with his girlfriend going the speed limit with traffic.
Somewhere around mile marker 217, two other motorcycles zoomed by going at least 133 miles per hour. Not long after that, the witnesses said they saw blue lights and Knowles stopping Laude.
The trooper’s in-car video showed Laude with his hands up and Knowles pulling him from his bike. What was not on the video were the witnesses pleading with Knowles, telling him he had the wrong motorcycle rider.
“There were two separate cars where people were hollering out of their window, ‘You have the wrong guy,’ It was two bikes, not two people,” said Evans.
In court on Tuesday, Knowles admitted he made a mistake in believing Laude was part of the group of speeders, but stuck by his belief that Laude was reckless in driving on the shoulder of the interstate.
In the end, the judge ruled the October stop was improper and threw out the charges against Laude.
Knowles expressed regret but stuck by his claim that Laude was driving recklessly.
“I seen him pass on the shoulder. I made an honest mistake of pulling him over, thinking he was part of the pursuit,” said Knowles.
Knowles said he never struck Laude, but said he pulled the man from the bike because he believed he was ignoring his commands to get off the motorcycle.
He said he has been a trooper for seven years, and his record doesn’t reflect any past problems of this nature.
An internal investigation by the Tennessee Highway Patrol has recommended that Knowles be suspended for five days without pay. The suspension is going through the appeals process.
Laconia council mulls extra day for Bike Week vendors
Saying it represents a “goodwill gesture” as well as an opportunity to bring in some extra licensing revenues, the City Council is supporting the idea of letting vendors sell their wares one day before the official start of Bike Week 2009.
Following a meeting of the council’s Finance Committee Monday, City Manager Eileen Cabanel was directed to draft an ordinance that, following a public hearing, could be in place for the rally, which this year runs from June 13-21.
For $100 extra, a vendor would be able to start doing business as of a time to be determined on June 12. A regular Bike Week licensing permit costs $450.
The rationale behind the early vending fee is that the vendors are already here, that they want to sell and that locals are eager to buy before the activities really start rolling, said Councilors Armand Bolduc and Bob Hamel.
The city’s public safety heads say the extended vending wouldn’t change the way they already did business on the Friday before the rally, but both Police Chief Mike Moyer and Fire Chief Ken Erickson expressed concern about the “slippery slope” of Bike Week stretching beyond its current nine days.
While its was agreed that food vendors might also want to begin doing business as their t-shirt or leathers-selling brethren, the chiefs and the committee members were adamant that they would not support the early opening of three beer tents.
Moyer, in conversations he had with rally promoter Charlie St. Clair of the Laconia Motorcycle Week Association, estimated that the earlier vending could see the city make up to an additional $1,200 this year. Erickson speculated that up to 30 vendors might take advantage of the extra selling opportunity.
However many vendors do show up, said Bolduc, who represents the city on the LMWA board of directors, that’s better than seeing those vendors and potential customers go to another venue outside of Laconia.
“Let’s try this for a year and see what happens,” Hamel said. “I think we can get a fair amount of people open.”
With the city of Myrtle Beach, S.C. canceling its two motorcycle rallies this year, “we could have a huge influx of vendors and visitors,” Hamel added, suggesting that vendors could be allowed to sell from 2 p.m. until Midnight on Bike Week Eve.
Erickson expressed surprise that “we’re not shortening this thing,” later explaining that to keep costs down for the city and also for vendors, the rally could be shorter than it is now. The extra several hours that a vendor gets to sell his merchandise at Bike Week will not mean significantly more income for the vendor, Erickson said.
Hamel suggested that the council hold a public hearing on the vending changes and Cabanel agreed, noting that some residents of The Weirs already “complain very loudly” that the rally is too long.
Joe Driscoll, of the Weirs Action Committee, said if the council allows the early vending,” this would be seen very much as a good will gesture” by property owners and vendors while also helping to keep Bike Week money in Laconia.
Driscoll went so far as to suggest that the vendors be able to open up on Friday for free. He discounted Cabanel’s concern that if Laconia allows earlier vending, competing venues in other communities would do the same. Driscoll said most Bike Week visitors don’t show up much sooner than the Friday before the start of the rally.
Lee Rogers On Overnight America w/ Jon Grayson Discussing The FEMA Camp Bill
Below is an mp3 file of Lee Rogers as a guest on the syndicated CBS Radio show, Overnight America w/ Jon Grayson discussing HR 645 or the National Emergency Centers Act which authorizes existing facilities to be used as National Emergency facilities as well as the Homeland Security Secretary to build additional FEMA facilities on open and closed military bases.
Typical of the mainstream media, Jon attempts to debunk the significance of this legislation by ignoring obvious patterns of past behavior by the government in preserving and setting up detention facilities under the guise of illegal immigration, continuity of government and more. He also ignores the fact that the government does not follow the Constitution and is engaged in a myriad of criminal activity. For example, the John Yoo torture memo which was obviously unconstitutional and broke international law, was used to justify the torture of so called terrorists by the criminal Bush regime. The same type of thinking could easily be applied if HR 645 is passed into law.
Jon claims that the provision in the bill which authorizes the Department of Homeland Security to use these facilities for whatever purposes they deem to be necessary is irrelevant because it doesn’t authorize the government to break the law. Since when has the government followed the Constitution which is the supreme law of the land? They break the law all the time. The argument is null and void.
He also references the Wannsee Conference which was a meeting of high level Nazi officials to discuss the concentration camp plan for the Jews during World War II. It was a meeting whose contents were kept top secret throughout the war. Hitler never came out and told the people that he was building death camps, but like in America today he incrmentally and quietly built the infrastructure necessary to carry out what was codenamed the Final Solution. The point is, is that the plan was secret which he fails to mention.
State report on gangs questioned
Compiled by analyst with limited criminal justice background, it says we’re battling growing gang problem
MADISON – A 23-year-old analyst with a limited criminal justice background compiled a state Department of Justice report that relied on anecdotal reports to conclude northeast Wisconsin is battling an increasing gang problem. Read the rest of this entry »
S.C. becomes focal point to track funds for gangs, narcotics
South Carolina’s political and military leaders fear that U.S. street gangs are conspiring with international terrorists, an alarming scenario they said highlights the need for a specialized unit that targets major drug runners and their bankrollers.
And they want the South Carolina National Guard to run the federally-funded pilot program.
U.S. Reps. Joe Wilson and Henry Brown, both Republicans, have asked U.S. Secretary of Defense Robert Gates to back the creation of a military unit that would bridge a perceived security gap between the international drug trade and the war on terror.
“The National Guard has the capacity and the authority to play a unique role in our nation’s counter-narcotics mission,” Wilson told The Post and Courier. “The counter-narcotics pilot program would specifically target the illicit finance generated by the narcotics industry here at home and abroad which is used to fund terrorist operations around the world.”
Proponents said a successful program in South Carolina could serve as a national model and that several factors make the state a strategic location to set up shop:
–The state boasts an abundance of major military installations and resources that already serve key national security roles, including Charleston Air Force Base and its fleet of C-17s, Charleston’s port and the Navy brig, which has housed terrorism suspects.
–Organized gangs with international ties already are operating in the state. One of these organizations, the notorious Mara Salvatrucha-13 (MS-13), has possible links to hostile groups in Afghanistan and the Middle East, according to Wilson and Brown.
–Wilson cites a new report by the Congressional Research Service on the emerging international threat posed by the MS-13 and 18th Street gangs. The report states that “alarms have been sounded in some circles that international terrorist organizations such as al-Qaeda could exploit alien and narcotics smuggling networks controlled by these gangs to infiltrate the United States.”
–The state National Guard already is working in some counter-narcotics programs, and its citizen soldiers are accustomed to collaborating in drug investigations with state and local law enforcement.
But questions remain. Among them: How strong is the evidence linking terrorists, gangs and drug-trafficking? How would this new program square with existing federal, state and local drug enforcement efforts? And is South Carolina the best place for this mission?
The gang connection
Gang activity in South Carolina has increased steadily over the past decade as these criminal organizations have spilled from urban centers into rural and suburban nooks across the nation in search of new territory and customers.
In 2004, the state Law Enforcement Division had identified 84 groups in South Carolina that fit a general definition of a gang: an organized group of five or more people who adopt a common name and engage in crime. By 2007, that figure had ballooned to 325 identified gangs, authorities said.
The number of crimes attributed to gangs has mushroomed as well. In 2007, gangs were linked to more than 950 crimes in South Carolina, including drug trafficking. By comparison, 370 gang-related crimes were reported statewide in 2001, according to SLED.
Many of these groups are what police describe as “hybrid gangs,” small, independent groups connected by turf or friendship. But highly organized gangs with cross-border connections also are present — gangs such as MS-13, Surenos, 18th Street and the Mexican Mafia.
“The number of Hispanic gangs is drastically growing,” said Special Agent Nicole Bryan, SLED’s coordinator on gangs in the Midlands. “As the Hispanic community has grown, Hispanic gangs have increased as part of that growth.”
Across the country, MS-13 and other gangs increasingly have become involved in narcotic trafficking at the wholesale level. They’ve cultivated connections with Mexican drug cartels and other power criminal organizations to gain access to international suppliers and large- volume shipments, according to the National Drug Intelligence Center. These affiliations have increased the availability of illegal drugs and the profits flowing out of the country.
The revenue stream is huge, with traffickers employing myriad of methods to launder and smuggle drug money to foreign destinations. The drug intelligence center estimates that Mexican and Colombian drug traffickers generate and launder as much as $39 billion in wholesale profits annually, much of which is smuggled out of the United States along the Mexican border.
Over the years, South Carolina has emerged as a key distribution point in this narcotics pipeline, serving as a smuggling route for drugs from California, Florida, Georgia, New York, Texas and Mexico. South Carolina’s location along Interstates 95 and 85, between New York and Florida, makes it ideal for drug runners shipping marijuana, cocaine, methamphetamine and heroin along the Eastern Seaboard, according to the U.S. Drug Enforcement Administration.
“Project 9496″
The pilot program would target this stealthy underworld of drugs and money. The new unit is shrouded in secrecy, with scant details of its origin, funding and status. The Pentagon refers to the program as “Project 9496.”
Col. Pete Brooks, director of public affairs for the S.C. National Guard, said it’s too early to talk about the effort in detail. “We are not even out of the blocks yet. This whole new mission is at the ‘good idea’ stage and is not funded.”
But a Jan. 14 letter from Deputy Assistant Secretary of Defense Richard J. Douglas to the National Guard Bureau indicates the pilot program already is approved. The letter states that the South Carolina Counter Narco-Terrorism Pilot Program is to be run and funded separately from an existing network of states’ National Guard counter-drug units.
Brooks said the pilot program would expand the South Carolina Guard’s anti-drug unit, which employs 40 full-time employees and hires about a dozen temporary workers each summer to help destroy marijuana crops.
The program receives about $1.6 million in federal money each year in support of the drug eradication efforts of SLED and local police agencies. How the two agencies would partner under the pilot program is unclear because SLED considers it only “an idea at this point,” according to a statement the agency issued in response to questions from the newspaper. Exactly how much the program would cost also remains unclear.
The letters of support from Brown and Wilson suggest that Gov. Mark Sanford also is pushing for the new mission. But Sanford’s press secretary, Joel Sawyer, said the governor was unaware of the proposal until The Post and Courier inquired about it.
After discussing the plans with state Guard officials, however, Sanford thinks the program is “an intriguing idea,” Sawyer said.
Still, the program’s status and future remains unclear. The National Guard Bureau said federal seed money was set aside only to study the program’s feasibility. The agency couldn’t provide a figure.
Tracking the money
Efforts to choke off terrorist financing began in earnest after the Sept. 11, 2001, attacks, with then President George W. Bush announcing two weeks later a “major thrust of our war on terrorism … a strike on the financial foundation of the global terror network.”
Within months, the U.S. government froze the assets of dozens of alleged terrorists, banks and nonprofit groups.
Investigators learned that al-Qaida financiers used everything from electronic transfers to camels to move money and fund their operations. Making matters even more challenging was the existence of the hawala system, a centuries-old money loan and transfer system that is based on the honor system among brokers across the world.
Unlike traditional banking systems, which leave trails of paper and records, hawalas typically don’t keep records of individual transactions.
But financing experts and government officials have said tracking down terrorism financiers has suffered in recent years. A report last year by the Paris-based Financial Action Task Force said international efforts have had limited success and that the United States and other countries need to create new counter-terrorism techniques.
Reports by the Government Accountability Office in the past two years have said the nation needs an “integrated strategy to coordinate the delivery of counter-terrorism financing training.” A Pentagon report in 2007 called for “one over-arching organization” devoted to international terrorism financing.
John Cassara, a former CIA officer and U.S. Treasury Department agent, said the military in recent years has become more focused on narco-terrorists and their paymasters. He said that this emphasis is a natural outgrowth of the military’s efforts in Afghanistan, where most of the world’s opium is produced.
“We’ve seen over the years how the Taliban has used it to bankroll their operations,” said Cassara, author of “Hide & Seek - Intelligence, Law Enforcement and the Stalled War on Terror Finance.” “The classic line is that if you take away the money, there’s no terrorism. The military realizes this.”
But Cassara said he hasn’t seen any solid evidence showing connections between Latin American gangs and Central Asian and Middle Eastern terrorism. “Could it happen? Absolutely. Does it happen? Frankly I don’t know,” he said, adding that organized criminal gangs are “opportunists, and they will naturally reach out to organizations that can facilitate their operations.”
A recent assessment from the National Drug Intelligence Center reached a similar conclusion, saying such connections are possible but not supported by evidence. The report identified U.S. prison gangs that have spread outside the bars as having the most potential for relationships with terrorists.
While government officials know of no concrete connection between gangs selling drugs in the United States and Middle East terrorist groups, authorities have long known that terrorist organizations in South America, especially in Colombia, fuel much of their activity with drug money. And authorities say they have watched with growing concern as Nigerian criminal groups increasingly have brought drugs, some of it from the Middle East, into this country, including the Southeast.
Motorcyclist treks across state to push tax change
By James Shea
Times-News Staff Writer
Published: Saturday, February 7, 2009 at 4:30 a.m.
Last Modified: Friday, February 6, 2009 at 10:23 p.m.
Mike McLean is riding for a cause. The Henderson County resident, along
with a few other motorcycle enthusiasts, is riding from Horse Shoe to
Cornelius today, hoping to raise awareness for the fair tax proposal.
The fair tax would eliminate the income tax, including Medicare and
Social Security, and replace it with a single sales tax. The idea is to
get away from the complicated tax structure and the Internal Revenue
Service and focus all tax on consumption.
“It is a fair tax, because you are in control of the amount of tax you
pay based on spending,” McLean said.
The sales tax rate would have to be 23 percent to replace the revenue to
the federal government, McLean said.
The tax has gained some momentum in recent years. Locally, former
Republican 11th Congressional District candidate Carl Mumpower of
Asheville supported the proposal, and McLean says 72 current members of
Congress support the fair tax.
A fair tax bill has been introduced into the Senate and House. In the
House, the bill is sponsored by Georgia Rep. John Linder and has 44
co-sponsors. The Senate version is sponsored by Georgia Sen. Saxby
Chambliss and has three co-sponsors.
“It does not change how government is run, but how taxes are collected,”
McLean said.
Others, however, are not convinced. Some economists argue that the tax
would radically transform the American economy. People would spend less
money, knowing a tax was collected each time something is purchased.
McLean has heard the argument but is not convinced. The fair tax, he
said, eliminates political influence on tax policy. Special interest
groups cannot influence who pays taxes and how much they pay because
taxes are only based on buying items.
“If you study it, there is no better alternative,” McLean said.
Saturday’s ride starts at Pigeon River Rustics in Horse Shoe at 9 a.m.
Motorcycle riders pay $15 to ride, and the money goes to support the
fair tax cause. The ride ends at a rally in Cornelius.
“It’s an educational event,” McLean said.
Saturday’s event begins a series of rides to promote the fair tax in
2008. Seven rides of varying distances are planned. The next event is
April 15 and starts in Horse Shoe and riders travel to Columbia, S.C,,
where former Republican presidential candidate Mike Huckabee is
scheduled to speak.
“Our whole idea is to move it to the grassroots level,” McLean said.
For more information, visit grassrootsfreedomride.com.
Money may aid new festival, enforcement
As spring draws closer, the picture of how the city of Myrtle Beach is spending its anti-motorcycle-rally money is coming into focus. Read the rest of this entry »
GHSA -State-by-State Survey Reveals Dramatic Highway Fatality Reduction
Author: goldiron40 States + D.C. Indicate Highway Deaths Down in 2008
WASHINGTON, DC — A survey from the Governors Highway Safety Association (GHSA) reveals that deaths on our nation’s roadways declined significantly in 2008. Forty-four states and the District of Columbia provided preliminary data. Of those, 40 states and D.C. indicated a decline in fatalities, while four indicated an increase. Overall, the average decline was 10.7 percent.
Most surprising about the survey was that many states saw a percentage decline in fatalities higher than their percentage decline in Vehicle Miles Traveled (VMT). Most states are not yet able to release an indication of VMT from 2008. Notably, however, of the 19 states that indicated a decline in fatalities and provided an estimate of VMT, 17 reported their fatality percentage decline was more than the percentage decline in VMT—in most cases double, triple or even quadruple the decline in VMT.
What does this all mean? GHSA Executive Director Barbara Harsha interprets the numbers to mean that a variety of factors may have contributed to the declines in 2008. Harsha says, “Clearly, the high gas prices in the first part of the year and the difficult economy in the second half caused people to drive less, thus reducing fatalities. However, there’s more occurring here than just economic factors.”
According to Harsha, state highway safety agencies report other factors may have contributed to the fatality reduction, including: gains in seat belt use, stronger state laws and increased enforcement of these laws. Harsha notes that multiple states have reported experiencing a reduction in driver speeds mainly because drivers want to improve their fuel efficiency. For example, the speed of the average Oregon driver was down more than 1 MPH in 2008. Harsha notes, “This may not sound like a lot, but reducing driver speeds means that more people are surviving crashes. Drivers may not slow down to save a life, but clearly they will slow down to save a buck.” Harsha expects more states will use the economic argument to urge drivers to slow down.
GHSA’s survey results mirror a December report from the U.S. Department of Transportation (DOT). In that report, DOT noted that the federal government projects the number of people killed in traffic crashes to reach a new record low for 2008. Early DOT projections revealed a 10 percent drop in deaths for the first 10 months of 2008.
The GHSA survey was conducted during the week on January 26. States were asked for their percent increase/decrease in fatalities and VMT. Fatality data is preliminary and VMT is based on estimates. Fatality estimates generally were based on data from 12 months in 2008 while VMT estimates were based on 11 months of data.
Source: IPS
NEW YORK - In what promises to be the first major test of the Barack Obama administration’s new approach to the rule of law, the Supreme Court will soon hear what could be one of the most consequential cases in U.S. history.
It will be asked to answer the question: Can a U.S. president declare a legal resident an ‘enemy combatant’ and hold him or her indefinitely without charge or trial?
The legal U.S. resident in question is Ali Saleh Kahlah al-Marri, who has been detained in solitary confinement at a Navy brig in South Carolina since June 2003. Al-Marri is the only remaining person held in the United States as an “enemy combatant”. He is being represented by lawyers from the American Civil Liberties Union (ACLU).
The case, Al-Marri v. Spagone, is a habeas corpus action, challenging al-Marri’s indefinite detention. The defendant is Navy Commander Daniel Spagone, who runs the Navy brig in South Carolina where Al-Marri is being held by the military.
The central pre-Supreme Court question is what position the new Obama administration will take when it files its brief, currently due on Mar. 23. The Supreme Court will hear oral arguments during the last week of April and is expected to hand down its ruling in June. The brief filed by the government in the lower courts during the George W. Bush administration defended the president’s authority to designate “enemy combatants” and to detain them indefinitely.
The ACLU says that the Al-Marri case “provides the Obama administration with an early and critical opportunity to repudiate the abuses of the past eight years and restore the rule of law.”
Jonathan Hafetz, ACLU’s lead attorney on the Al-Marri case, told IPS, “This is one of most extreme examples of the Bush administration’s abuse of executive power. It is a case where President Bush sought to push the outer limits of the Constitution. It is legally and morally indefensible.”
A separate case, Al-Marri v. Gates, is contesting al-Marri’s abusive treatment and conditions of confinement at the Navy brig.
Al-Marri, a Qatari national, came lawfully to the United States in September 2001with his wife and five children to pursue a master’s degree at Bradley University in Peoria, Illinois. He was arrested by the FBI at his home that December and subsequently indicted for credit card fraud and false identification.
Al-Marri asserted his innocence and prepared to contest the charges. But on Jun. 23, 2003, on the eve of a hearing to suppress illegally seized evidence and less than a month before trial, President Bush declared al-Marri an al Qaeda agent and designated him an “enemy combatant” in the “war on terrorism”. That same day, the military took custody of al-Marri and incarcerated him in the Navy brig, where he has been detained without charge ever since.
At stake in Al-Marri v. Spagone is whether the president can order the military to seize and detain indefinitely, without charge or trial, individuals lawfully residing in the United States, including U.S. citizens, based on government assertions that they planned to commit terrorist activities.
In 2007, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit ruled that the government cannot hold individuals arrested in this country in military detention without charge.
But in July 2008, the full U.S. Court of Appeals for the Fourth Circuit ruled in a narrowly divided decision that the president had legal authority to imprison al-Marri indefinitely without charge based on the facts alleged. As one judge noted in dissent, however, to accept the government’s claim of extraordinary detention power would have “disastrous consequences for the Constitution - and the country”.
The ACLU says Al-Marri’s detention represents “one of the gravest expansions of executive detention power since Sep. 11.” The United States was founded on the principle that “individuals living in this country cannot be imprisoned without charge and that civilian government must remain supreme over the military. Al-Marri’s detention represents a radical departure from that celebrated legal tradition - one that was never authorised by Congress and that violates the Constitution.”
According to the ACLU, documents recently obtained through a Freedom of Information Act request reveal that standard operating procedures developed for Guantánamo Bay “were secretly applied at the Navy brig in an effort to create a prison beyond the law within the United States. Today, al-Marri remains in virtual isolation at the Brig, denied even meaningful communication with his family.”
“It is clearly illegal to imprison legal residents of the United States without trial. It is also the type of false choice between our safety and our ideals that has pervaded America’s approach to fighting terrorism for the past eight years,” said the ACLU’S Hafetz. “We are confident that upon review, the Court will strike down this radical departure from our nation’s most basic values and traditions.”
Former United States Attorney General Nicholas Katzenbach, former FBI Director William Sessions and numerous former generals, admirals and diplomats joined the ACLU in urging the U.S. Supreme Court to reject the president’s authority to indefinitely imprison a legal resident of the U.S. without charge or trial. These and other top military and civilian leaders have filed friend-of-the-court briefs.
“A decision upholding our government’s right to arrest and imprison anyone within its borders, without charge, will not only undercut our ability to convince dictatorial regimes to abandon similar practices, it will substantially undermine efforts to restore our international reputation and to obtain more cooperation from our allies in combating terrorism,” they said in the brief.
The second Al-Marri case, Al-Marri v. Gates, contests al-Marri’s treatment and conditions of confinement since he was declared an “enemy combatant”. During the first 16 months of his military confinement, al-Marri was held incommunicado and subjected to a range of highly coercive interrogation measures, including being held in total isolation, exposed to painful stress positions, shackled in a freezing cell for hours at a time, and threatened with violence and death.
Al-Marri is the second U.S. person to have been held as an enemy combatant within the United States. The first was José Padilla, a United States citizen. Padilla was arrested in Chicago in May 2002, and was detained as a material witness until Jun. 9 2002, when President Bush designated him an illegal enemy combatant and transferred him to a military prison, arguing that he was thereby not entitled to trial in civilian courts.
Padilla was held for three-and-a-half years as an “enemy combatant” after his arrest on suspicion of plotting a radioactive “dirty bomb” attack. That charge was dropped when his case was moved to a civilian court after pressure from civil liberties groups.
In August 2007, Padilla was found guilty by a federal jury of charges that he conspired to kill people in an overseas jihad and to fund and support overseas terrorism. He was sentenced to 17 years and four months in prison.
goldiron