NCJ Number
167829
Date Published
1996
Length
5 pages
Annotation
In response to the bombing of the World Trade Center and the Oklahoma City Federal building, many political leaders are advocating legislation that would give broader powers to Federal law enforcement authorities to fight terrorism; however, some commentators -- both liberal and conservative -- worry that such legislation could license Federal law enforcement agencies to violate the civil rights of citizens and foreigners.
Abstract
Antiterrorism bills passed by the Senate and House would expand the government's authority to conduct telephone wiretaps of suspected terrorists; allow the military to help investigate crimes that involve biological or chemical weapons; bar Americans from contributing to international terrorist organizations; and make it easier for the government to deny entry to the United States to members of terrorist groups as well as deport suspected terrorists. The bills' critics predict that the legislation, if passed, will run aground on constitutional challenges. David Cole, a professor and constitutional expert at Georgetown University's Law Center identifies two serious constitutional infirmities in the legislation. One is imposing guilt by association on individuals for their support of nonviolent activities of disfavored groups. The second is the provision that permits the government to rely on secret evidence to deport immigrants accused of being associated with terrorist activities. Another controversial provision would prohibit charitable donations to international groups deemed terrorist by the President or Secretary of State. Such a ban, civil libertarians say, violates the constitutional right to freedom of association. Supporters, however, say the measure is needed because the United States has become a major source of funding, through fund-raising campaigns for hospitals and other charitable purposes, of some of the very organizations that attack U.S. interests.