Harvey Silverglate on Patriot Act, right to travel freely [priv]

[Declan McCullagh <declan () well com>]

Harvey is a lawyer in Cambridge, Mass. who is a lifelong defender of
liberty. Currently he is involved with the Foundation for Individual
Rights in Education (thefire.org), and has just published this
important article on why the Patriot Act is not the biggest threat to
civil liberties:
http://www.bostonphoenix.com/threshold/03650087.asp

-Declan

-------- Original Message --------
Subject: RE: [Politech] John Gilmore on Americans' right to travel anonymously[priv]
Date: Fri, 5 Mar 2004 12:17:38 -0500
From: Harvey Silverglate <has () theworld com>
To: Declan McCullagh <declan () well com>, <politech () politechbot com>

Declan,

        It is no longer true that the government has to charge one
with a crime in connection with an arrest. First, the Department of
Justice has pursued an expansive interpretation of the federal
"material witness" statute. Worse, the DOJ now assumes that the
President may order the arrest of an American citizen on American soil
and hold that person as an "enemy combattant" without charge, without
access to legal counsel, without access to the federal courts - that
is, incommunicado. Consider the arrest of American-citizen Yasser
Hamdi at O'Hare Airport in Chicago, whose case has recently been
accepted for review by the SCOTUS.

         Welcome to The People's Republic of the United States of America.
                                        Harvey Silverglate
                                        Boston and Cambridge

-----Original Message-----
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