Maintaining a healthy balance between security and civil liberties has been a precarious task since September 11th. Numerous groups in D.C., including many denominational offices, are concerned that recent developments have emphasized security at the expense of civil liberties.

Since 9/11, Congress has granted broad powers to the Department of Justice (DOJ) in the USA Patriot Act and has created the new Department of Homeland Security (DHS). Executive Orders and Federal Rules have also been promulgated that expand DOJ and DHS powers.

Many in the faith community believe that new legislation and rules impinge on First Amendment rights, ignore the role of Congress in administrative oversight, and override the criminal justice system. The religious community has become alarmed by civil liberties violations resulting from increased security. These violations include loss of due process, profiling based on race, ethnicity, and religion, loss of privacy, and loss of free speech and religious liberty.

The Presbyterian Church (USA) Washington Office has been working to raise awareness of these issues in Congress, the Administration, and the public. One of the main goals has been to ask Congress to use its oversight power to ensure that effective security measures are taken without violating civil liberties. This oversight has just started to occur.

House Oversight

The House Judiciary Committee recently held an oversight hearing in which Attorney General John Ashcroft testified. The hearing focused on the enforcement of the USA Patriot Act. Questions and comments from both Republicans and Democrats made it clear that concern for DOJ policies cut across party lines. Chair Representative Sensenbrenner (R-WI) stated that, “The purpose of the Patriot Act is to secure our liberties and not undermine them…. My support for [the Act] is neither perpetual nor unconditional.” Another committee member commented that the loss of civil liberties under the DOJ policies is “collateral damage” of the war on terror. Another member noted the government’s interest in prying into all aspects of people’s lives while blocking all access to information about its actions.

Although the hearing, questions and comments from committee members are a positive step, Ashcroft asserted that more powers are necessary for the government to combat terror. These include expanded power to hold suspected terrorists indefinitely before trial, the ability to impose the death penalty or life imprisonment for any terrorism, and the expansion of criminal charges for those acting in “material support” of terrorist groups.

It is important to note that the definition of “domestic terrorism” in the USA Patriot Act is very broad and offers the government great latitude. Ashcroft denied the existence of mounting concern for the eros- ion of civil liberties and stated that there is broad national support for DOJ’s use of the USA Patriot Act provisions.

The Inspector General Report

DOJ Inspector General Glenn Fine released a report in June that detailed the treatment of post-9/11 detainees. The report found problems with the detention and treatment of 762 people picked up on immigration violations. Very few of those detained had connections with terrorism and the report suggests that little effort was made to distinguish terrorist suspects from those who had misdemeanor immigration violations. Many were held in harsh conditions without being charged and without access to lawyers or family members.

Senate Oversight

The Senate Judiciary Committee held an oversight hearing to examine the DOJ Inspector General’s Report on 9/11 detainees. Similar to the House hearing, this is a necessary step in examining how civil liberties have been affected by increased security.

Chairman Senator Hatch (R-UT) opened the meeting commending the IG report and asked for continued scrutiny of DOJ policy. Democrats on the committee asserted that this should be the beginning of an oversight process and noted that hearings are needed on many issues, not just this report. Ranking member Senator Leahy (D-VT) voiced concern for the model the U.S. presents to the world in terms of civil liberties.

We are called to create a community that provides safety and security. In working toward this goal, we encourage meaningful Congressional oversight, public scrutiny of policy changes, and protection of civil and religious liberties.

What Can You Do?

Thank Rep. Sensenbrenner and Senator Hatch for holding the oversight hearings and thank committee members.

Urge the committees to continue their oversight, keep open communication with DOJ and DHS, and seek ways to make public these communications. Members should be demanding the specific legal basis for DOJ actions. Urge the committees to follow-up (with further hearings) on issues such as surveillance of libraries and bookstores and indefinite detention.

Write a letter to the editor on infringements of civil liberties. Focus on erosion of the following principles:

• The right to due process,
• The right to be free from unreasonable search and seizure,
• The right to privacy,
• The right to free speech and assembly,
• The right to religious liberty.

. . . The rationalization offered by the state to justify its suppression of human liberties cannot excuse the church from examining the depersonalizing effects of harsh policies such as the prolonged imposition of martial law and governance by emergency decree. It is important that the church express its concern for human beings and the preservation of personal values essential to a humane life-style. The attempt by a totalitarian state to sacrifice liberties for the sake of attaining economic growth, military security, or domestic tranquillity cannot go unchallenged . . . . (Statement from the UPCUSA, Minutes, 1974, p.596)