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PETITION FOR REDRESS OF GRIEVANCES RELATING TO
THE "WAR ON TERRORISM"
WHEREAS, During October, 2001, the U.S. Congress
passed and the President signed the U.S.A. Patriot Act (Uniting
and Strengthening America by Providing Appropriate Tools Required
to Intercept and Obstruct Terrorism), and
WHEREAS, The U.S.A. Patriot Act was voted on by
men and women engulfed in a terrifying atmosphere of shock,
fear, mass media hysteria and anthrax mailings, and
WHEREAS, It has been acknowledged by some members
of Congress that most congressmen were pressured to vote for,
but never bothered to read the 324-page Act before voting
on it, and
WHEREAS, All men are created equal and are endowed
by their "Creator" with certain unalienable rights,
and
WHEREAS, If the Creator has, in fact, gratuitously
provided, equipped and enriched the People with Rights, it
follows that those Rights belong to the People and to
the Creator and it follows that any affront to the
Constitution (as when government attempts to violate an unalienable
Right) is an affront to the Creator, and
WHEREAS, If our Rights come from the Creator, only
the Creator can frustrate and deny or defeat our Rights --
that is, government cannot abridge what God has put in place,
and
WHEREAS, The Constitution of the United States
of America is a strongly worded Divinely inspired set of principles
expressly intended to govern the government, not the People,
and
WHEREAS, By the terms and provisions of the Constitution,
the People have established their government and authorized
it to act in certain ways, and have purposely and markedly
restricted and prohibited the government from acting in certain
ways, and
WHEREAS, The Constitution of the United States
of America guarantees to every American citizen and to those
lawfully on our soil, the right to privacy and to due process
of law, and
WHEREAS, The Constitution prohibits and restricts
the Federal Government from infringing on those rights, and
WHEREAS, The Constitution guarantees each and every
American citizen the unalienable right to life, liberty, and
property, and
WHEREAS, Each of the Constitution’s prohibitions
and restrictions on government’s power is, in fact, another
unalienable right enjoyed by every citizen and resident on
American soil, and
WHEREAS, Every American citizen has an unalienable
right to freedom from a government that would infringe or
erode the unalienable rights to privacy, due process, freedom
of association, freedom of information, freedom of speech,
right to legal representation, freedom from unreasonable searches,
right to a speedy and public trial, and right to liberty,
now therefore
WE THE PEOPLE, hereby petition the Executive and
Legislative Branches of the Federal Government for a redress
of grievances relating to the so-called "war on terrorism,"
and
WE THE PEOPLE, respectfully request that the President
of the United States of America, each member of Congress’
House of Representatives and each member of Congress’ Senate
honor their oaths of office to uphold the Constitution, by
honoring their obligation to respond to this, the People’s
petition for redress of grievance, by answering the following
questions, and
WE THE PEOPLE, at noon on Thursday, November 14,
2002, will peaceably assemble at the Washington monument in
Washington, DC, where we will await the President, the Senate
Majority Leader and the Speaker of the House, and other members
of Congress, or their representatives, to receive an answer
to these questions or to learn when these elected representatives
of the People will provide an answer to our questions.
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1.
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Do you admit that under Section 112 of the
USA Patriot Act, a "suspected terrorist"
needs only to be "certified" by the
Attorney General on "reasonable grounds"
that he "believes" someone to be
engaged in terrorist activities?
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2.
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Do you admit that Section 802 of the USA Patriot
Act does not define an act of terrorism by
the characteristics of the actors or the nature
of the acts?
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3.
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Do you admit that Section 802 of the USA Patriot
Act defines an act of terrorism as an act "calculated
to influence or affect the conduct of government
by intimidation or coercion or to retaliate
against government conduct"?
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4.
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Do you admit that under Section 802 of the
USA Patriot Act, the definition of terrorist
is broad enough to sweep up citizens who engage
in hunger strikes and other forms of non-violent
demonstrations to force the government to respond
to their petitions for redress?
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5.
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Do you admit that under Section 803 of the
USA Patriot Act, the act of giving food or
shelter to a friend who may have been involved
in any of these acts could, in turn, brand
a person as a "terrorist" as well?
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6.
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Do you admit that under Section 213 of the
USA Patriot Act, government purportedly has
the right to go into a citizen’s home while
that person is away, copy the content of the
person’s computer hard drive and files, gather
and take any information or items they please
without ever serving a citizen notice of such
search or seizure since, "the execution
of a warrant may have adverse effect"?
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7.
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Do you admit that Section 213 of the USA Patriot
Act authorizes government to issue a warrant
based on "reasonable cause," rather
than the constitutionally mandated "probable
cause?"
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8.
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Do you admit that under Section 218 of the
USA Patriot Act, the standards for foreign
intelligence collection under the Foreign Intelligence
Surveillance Act (FISA) were radically altered?
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9.
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Do you admit that the standards for foreign
intelligence collection traditionally meant
that when a federal officer went to the FISA
court or designated judge for an order of electronic
surveillance under the FISA which may involve
communications of a United States person, the
application requires not only the approval
of the Attorney General, based upon his finding
that it satisfies strict criteria and requirements,
but also a certification by the Assistant to
the President for National Security Affairs
or a designated senior executive branch official
that, among other things, "the purpose"
of the surveillance is to obtain foreign intelligence
information?
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10.
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Do you admit that Section 218 of the USA Patriot
Act permits surveillance if intelligence gathering
is a "significant purpose" (as opposed
to "the purpose") of the government’s
contemplated action?
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11.
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Do you admit that this wording change effectively
allows intelligence to be used by both law
enforcement and intelligence agencies, blurring
the distinction between domestic law enforcement
and foreign intelligence operations?
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12.
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Do you admit that this wording change would
allow the National Security Agency to become
an arm of domestic law enforcement?
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13.
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Do you admit that Sections 216, 217 and 218
of the USA Patriot Act allow for unrestricted
wiretapping, the tracing and spying on email
messages and internet activities on anyone
anywhere in the USA without the need to obtain
a court order as long as "the information
likely to be obtained … is relevant to an ongoing
criminal investigation?"
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14.
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Do you admit that USA Patriot Act infringes
on and erodes traditional due process safeguards
and relies heavily on detention in the immigration
context?
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15.
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Do you admit that the USA Patriot Act relies
heavily on mandatory detention, depriving individuals
of their liberty and significantly impacting
their ability to secure and maintain working
relationships with counsel?
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16.
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Do you admit that the USA Patriot Act and
Justice Department rule changes since September
11 permits a prolonged detention of immigration
detainees before charges are initiated,
continued mandatory detention without bond
or a custody hearing after charges have been
filed (even when charges are not based on security
grounds), and an automatic stay of release
when an immigration judge or the Board of Immigration
Appeals disagrees with the INS and sets a bond?
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17.
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Do you admit that under Section 236A of the
USA Patriot Act (at the Attorney General’s
discretion), no court shall have jurisdiction
to review, by habeas corpus, petition, or otherwise,
any such action or decision?
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18.
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Do you admit that under the USA Patriot Act,
detainees will not have access to legal counsel
with security clearances?
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19.
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Do you admit that under the USA Patriot Act,
detainees will not be able to meet privately
with their legal counsel?
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20.
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Do you admit that the USA Patriot Act and
Justice Department rule changes since September
11 allow for the secret, incommunicado nature
of detentions, closed hearings and a lack of
access to attorneys and family members?
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21.
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Do you admit that on October 11, 2001, the
Justice Department issued a rule announcing
that communications of certain federal prisoners
would be monitored?
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22.
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Do you admit that the USA Patriot Act and
Justice Department rule changes since September
11 seriously impair the ability of attorneys
to carry out their constitutional role under
the 5th and 6th Amendments
of providing effective counsel to their clients
and will unduly limit the 1st Amendment
rights of detainees to confer in confidence
with their attorneys?
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23.
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Do you admit that the USA Patriot Act and
Justice Department rule changes since September
11 demonstrate a willingness on the part of
the government to suspend the due process rights
our Constitution guarantees, with no prior
judicial approval and with no grounds other
than "reasonable suspicion"?
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24.
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Do you admit that the USA Patriot Act and
Justice Department rule changes since September
11 demonstrate a willingness on the part of
the government to eavesdrop on conversations
between lawyers and their clients, including
men, women and children who have never been
charged with a crime?
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25.
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Do you admit that the President’s November
11, 2001 executive order on military commissions
for trying unlawful combatants is the equivalent
of the Taliban’s secret Star Chambers?
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26.
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Do you admit that the President’s November
11, 2001 executive order on military commissions
could apply to any non-citizen or resident
alien who may have a tenuous (alleged) link
to acts of terrorism?
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27.
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Do you admit that the President’s November
11, 2001 executive order on military commissions
allows for secret proceedings?
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28.
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Do you admit that the President’s November
11, 2001 executive order on military commissions
authorizes a lower standard of proof requirement
than military courts, with only a 2/3 verdict
necessary for the death sentence?
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29.
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Do you admit that under the President’s November
11, 2001 executive order on military commissions
habeas corpus may not apply?
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30.
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Do you admit that the President’s November
11, 2001 executive order on military commissions
stands to undermine the stature of the United
States as the leader of the free world in ensuring
fair and just tribunals for trials?
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31.
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Do you admit that under the President’s November
11, 2001 executive order, and the Defense Department’s
implementation procedures, military commissions
could apply to U.S. citizens and to those lawfully
present in the United States?
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32.
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Do you admit that under the President’s November
11, 2001 executive order on military commissions,
and the Defense Department’s implementation
procedures, detention could be set for an indefinite
period of time?
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33.
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Do you admit that under the President’s November
11, 2001 executive order on military commissions,
and the Defense Department’s implementation
procedures, habeas corpus rights could be suspended?
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34.
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Do you admit that under the President’s November
11, 2001 executive order on military commissions,
and the Defense Department’s implementation
procedures, there would be a lack of an appeal
to an independent appellate body with the right
to certiorari review by the US Supreme Court?
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35.
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Do you admit that under the U.S. Patriot Act,
government may monitor religious and political
institutions, without suspecting criminal activity,
to assist terror investigations?
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36.
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Do you admit that under the U.S. Patriot Act,
government has closed once-public immigration
hearings, has secretly detained hundreds of
people without charges, and has encouraged
bureaucrats to resist public records requests?
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37.
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Do you admit that under the U.S. Patriot Act,
government may prosecute librarians or keepers
of any other records if they tell anyone that
the government subpoenaed information related
to a terror investigation?
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38.
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Do you admit that under the U.S. Patriot Act,
government may monitor federal prison jailhouse
conversations between attorneys and clients,
and deny lawyers to Americans accused of crimes?
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39.
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Do you admit that under the U.S. Patriot Act,
government may search and seize Americans’
papers and effects without probable cause to
assist terror investigations?
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40.
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Do you admit that under the U.S. Patriot Act,
Government may jail Americans indefinitely
without a trial?
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41.
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Do you admit that under the U.S. Patriot Act,
Americans may be jailed without being charged
or being able to confront witnesses against
them?
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Respectfully submitted this 4th day of November,
2002 by We The People of the United States of America:
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