[AntiSocial] [IP] The Boot Heel of the Patriot Act (fwd)

J.A. Terranson measl at mfn.org
Mon May 5 19:11:27 PDT 2003


Forward of a forward, so kill me...


---------- Forwarded message ----------
Date: Mon, 5 May 2003 18:33:51 +0000 (/etc/localtime)
From: Benson Schliesser <bensons at neohaven.net>
To: antisocial at mfn.org
Subject: [AntiSocial] [IP] The Boot Heel of the Patriot Act (fwd)


---------- Forwarded message ----------
Date: Sat, 03 May 2003 06:57:29 -0400
From: Dave Farber <dave at farber.net>
Subject: [IP] The Boot Heel of the Patriot Act

    
 
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http://www.latimes.com/news/opinion/la-oe-halperin2may02,1,4171430.story?col
l=la%2Dheadlines%2Doped%2Dmanual

Feeling the Boot Heel of the Patriot Act
By Jason Halperin

May 2, 2003
Several weeks ago, my roommate Asher and I went to an Indian restaurant just
off Times Square in the heart of midtown Manhattan. We helped ourselves to
the buffet and sat down to begin eating.
Suddenly there was a terrible commotion and five police officers in
bulletproof vests stormed down the stairs. They had their guns drawn and
were pointing them indiscriminately at the restaurant staff and at us.
"Go to the back of the restaurant," they yelled. I hesitated, lost in my own
panic. "Did you not hear me? Go to the back and sit down," they demanded. I
complied and looked around at the other patrons. There were eight men
including the waiter, all of South Asian descent and ranging from late teens
to senior citizen. One of the officers pointed his gun in the waiter's face
and shouted: "Is there anyone else in the restaurant?" The waiter,
terrified, gestured to the kitchen.
The police placed their fingers on the triggers of their guns and kicked
open the kitchen doors. Shouts emanated from the kitchen and a few seconds
later five Latino men crawled out on their hands and knees, guns pointed at
them.
After patting us all down, the five officers seated us at two tables. As
they continued to kick open doors to closets and restrooms with their
fingers glued to their triggers, officials in business suits emerged from
the stairwell. Two walked over to our table and identified themselves as
agents of the Immigration and Naturalization Service and the Homeland
Security Department.
Having some limited knowledge of the rights afforded to U.S. citizens, I
asked why we were being held. The INS agent said we would be released once
they confirmed that there were no outstanding warrants against us and our
immigration status was OK.
In pre-9/11 America, the legality of this would have been questionable.
After all, the 4th Amendment states: "The right of the people to be secure
against unreasonable searches and seizures. "
"You have no right to hold us," said Asher. But they explained that they
did: This was a homeland security investigation under the authority of the
Patriot Act.
The Patriot Act was passed into law on Oct. 26, 2001, in order to facilitate
the post-9/11 crackdown on terrorism. Among the unprecedented rights it
grants to the federal government are the right to wiretap or detain without
a warrant. As I quickly discovered, the right to an attorney has been fudged
as well. When I asked to speak to a lawyer, the INS official told me I did
have the right to a lawyer but I would have to be taken to the station for
security clearance before being granted one. When I asked how long that
would take, he replied with a coy smile: "Maybe a day, maybe a week, maybe a
month."
We insisted that we had every right to leave and were going to do so. One of
the police officers, with his hand on his gun, taunted: "Go ahead and leave,
just go ahead." We remained seated.
Our IDs were taken. I was questioned why my license was from out of state
and asked whether I had "something to hide." The police continued to hassle
the kitchen workers, demanding licenses and dates of birth. One of the
kitchen workers was shaking and kept providing the day's date  March 20,
2003  over and over.
As I continued to press for legal counsel, a female officer put her finger
in my face. "We are at war, we are at war and this is for your safety," she
exclaimed. As she walked away from the table, she continued to repeat it to
herself. "We are at war, we are at war; how can they not understand this?"
I most certainly understand that we are at war, and that we need some
measure of security in times like these. But I also understand that the
freedoms in the Constitution were meant specifically for times like these.
After an hour and a half, the INS agent returned our licenses. An officer
escorted us out. Before we left, the INS agent apologized.
Among the customers, there were four taxi drivers, two students, one
newspaper salesman. Several said they were U.S. citizens. I doubt they
received apologies. Nor have the hundreds of immigrants being held without
charge. Apparently, this type of treatment is acceptable.
Three days after the incident, I phoned the restaurant. The owner was
nervous, embarrassed and did not want to talk about it. But I managed to
ascertain that the whole thing had been one giant mistake.
A mistake. Loaded guns pointed in faces, people made to crawl, police
officers kicking in doors, taunting, keeping their fingers on the trigger
even after the situation was under control. A mistake.
And, according to the ACLU, a perfectly legal one, thanks to the Patriot
Act.
------------------------------------------------------------------------
Jason Halperin lives in New York City.


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