US: New FBI Charter
01 March 1995
On 10 February the Omnibus Counterterrorism Bill was introduced as S.390 into the Senate and as H.R. 896 in the House of Representatives. It was initiated by the FBI, and passed on by the Justice Department and the White House. It has bipartisan support, has received little publicity and could get passed quickly.
This is a general charter for the FBI and other agencies, including the military, to investigate political groups and causes at will. The bill is a wide-ranging federalization of different kinds of actions applying to both citizens and non-citizens. The range includes acts of violence (attempts, threats and conspiracies) as well as giving funds for humanitarian, legal activity.
It would allow up to 10 year sentences for citizens and deportation for permanent resident non-citizens for the "crime" of supporting the lawful activities of an organization the President declares to be "terrorist", as the African National Congress, FMLN in El Salvador, IRA in Northern Ireland, and PLO have been labelled. It broadens the definition of terrorism. The President's determination of who is a terrorist is unappealable, and specifically can include groups regardless of any legitimate activity they might pursue.
It authorizes secret trials for immigrants who are not charged with a crime but rather who are accused of supporting lawful activity by organizations which have also been accused of committing illegal acts. Immigrants could be deported: 1) using evidence they or their lawyers would never see; 2) in secret proceedings; 3) with one sided appeals; 4) using illegally obtained evidence.
It suspends posse comitatus - allowing the use of the military to aid the police regardless of other laws. It reverses the presumption of innocence - the accused is presumed ineligible for bail and can be detained until trial. It also loosens the rules for wiretaps. It would prohibit probation as a punishment under the act - even for minor nonviolent offenses.
Implications
The breadth of its coverage would make it impossible for the government to prosecute all assistance to groups around the world that have made or threatened to commit violent acts of any sort. Organizations the government found currently offensive could be targeted and people to be deported could be chosen specifically because of their political associations and beliefs.
The new federal crime - international terrorism - does not cover anything that is not already a crime. As the Centre for National Security Studies notes: "Since the new offence does not cover anything that is not already a crime, the main purpose of the proposal seems to be to avoid certain constitutional and statutory protections that would otherwise apply."
An article in the Washington Post commented:
"The real effect of the Bill is apparent in its procedural aspects. The accused is arrested, detained without a right to bail and brought for a hearing before one of five U.S. District Court judges. At that hearing, if the government shows that by introducing certain classified information it would pose a threat to the national security - by revealing the name of an informant - the evidence can be used but kept secret from the alien and his lawyer. Not even a summary of the evidence need be provided. A ruling in the government's favour cannot be appealed, but a ruling against the government can, and that appeal can be heard outside the presence of the alien or his attorney.
Thus, a person who is not a citizen can be accused by a neighbour of having supported the political activities of the PLO, brought before a special court, denied the right to know the evidence against him and deported without even learning the identity of his accuser".
Omnibus Counterterrorism Bill - S. 390 and H.R. 896; for more information: Kit Gage, Washington Liaison, National Lawyers Guild, 3321-12th St., NE, Washington DC, 20017 USA. Tel: 202-529-4225. Fax: 202-526-4611. E-mail: kgage@igc.apc