POST CONSTITUTIONAL AMERICA .

CHERTOFF WANTS TO TRASH CONSTITUTION

BRYAN BENDER, BOSTON GLOBE - Homeland security chief Michael Chertoff
called yesterday for a review of domestic antiterrorism laws, saying the
United States might benefit from the more aggressive surveillance and
arrest powers used by British authorities last week to thwart an alleged
plot to bomb airliners. . . British police have the ability to hold
suspects without charges for nearly a month and a greater flexibility to
eavesdrop on citizens.

http://www.boston.com/news/nation/washington/articles/2006/08/14/
chertoff_wants_us_to_review_antiterror_laws?rss_id=Boston+Globe+--+National+News


AND THOSE WE DON'T LOCK UP WITHOUT CAUSE, WE JUST KILL

Clearly at the end of the day, we've got to eliminate that pool of
people who are susceptible to becoming killers. - Michael Chertoff in an
NPR interview

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IF YOU TAKE RAIL BUFF PICTURES OF TRAINS, THE TERRORISTS WIN

MONIFA THOMAS, CHICAGO SUN-TIMES - In a move that has Chicago area
railroad buffs fuming, Union Pacific Railroad recently banned
photography of its trains from Metra station platforms. Union Pacific,
which contracts with Metra to operate three commuter rail lines, said
the new rule was issued in response to heightened security concerns.
"With recent incidents around the world, we felt that it would be
prudent to heighten awareness and step up security measures," Union
Pacific spokesman Joe Arbona said. "We want to keep people safe.". . .

"UP is targeting those who are most likely to observe and report
something out of the ordinary," Railroad Club president William
Shapotkin said, noting that rail fans spend much of their free time
riding and taking photos of trains. . . "The fact of the matter is, we
live in the United States, not the old Soviet Union," he said.
A rep for the American Civil Liberties Union of Illinois said he did not
know of any state or federal laws barring photography at train stations
or similar public facilities. Such a ban could be challenged under the
freedom of expression clause of the First Amendment, ACLU spokesman Ed
Yohnka said.

http://www6.lexisnexis.com/publisher/EndUser?Action=UserDisplayFullDocument&orgId=
1593&topicId=21355&docId=l:500409574

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FEMA CLAIMS CONSTITUTION DOESN'T APPLY IN TRAILER CAMPS

SANDY DAVIS, ADVOCATE - FEMA has said the reason it's not allowing media
easy access to its trailer parks is to "protect the privacy" of the
residents. Members of Louisiana's congressional delegation are
criticizing FEMA's policy. Members of Louisiana's congressional
delegation said Monday that FEMA's policy restricting media access to
residents living in FEMA-managed trailer parks is absurd, outrageous and
denies park residents their rights as American citizens.

"FEMA just strikes you as a bureaucracy that's out of control," said
U.S. Rep. Bobby Jindal, R-Kenner. "You don't lose your fundamental
rights just because you're living in temporary housing. It's an
outrageous pattern of behavior."

Jindal was referring to a July 15 article in which The Advocate detailed
an incident in a Federal Emergency Management Agency-operated trailer
park in Morgan City where a reporter and photographer were ordered off
of the site. The two had been invited into a trailer occupied by
resident Dekotha Devall and her family. But during the interview a
security guard ordered the reporter and photographer to leave. The
security guard called the police after the reporter attempted to give
Devall a business card, an act the guard said was forbidden.

Later, the security guard told another resident, Pansy Ardeneaux, she
was not allowed to speak to the media through a chain link fence
surrounding the park and ordered Ardeneaux to return to her trailer.
When FEMA officials were told of the incident, they said the media has
to be escorted at all times by FEMA representatives.

http://www.2theadvocate.com/news/3416941.html

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GREAT MOMENTS IN HOMELAND SECURITY: BAND BANNED FOR U.S. FOR FIVE YEARS
BECAUSE IT LIED ABOUT GIG

[Menzies is a member of the Canadian band, The Grey]

HAYDEN MENZIES, ECONOCULTURE - [In February 2005] we were going to
Ogdensburg New York to play one, potentially non-paying show. When we
got to the border, we, regrettably, lied at first about whether or not
we were playing because we were uncertain whether or not we needed visas
for a potentially non-paying show. After looking on the internet and
searching our van, [the American border guards] saw that we were
supposed to play and hauled us in for interviews one by one for the next
6 hours. We were fingerprinted, photographed and expedited as illegal
aliens from the United States. . .

The main question we were asked was if this is how we made our living.
Funny since one of the reasons they suspected something was fishy, was
when they found a book in the van with merch sales (an oversight on our
part). The book had pretty sad looking numbers, like making $20 total
from a show. They couldn't understand that we did this for fun.

We were treated as terrorists at first. When we first went, one by one,
into the room with the interrogating officer they used that line about
"America is at war, and Canada may not take that seriously. . ." and
"since 9-11, we take these things seriously." Then they realized that we
were not making any money doing what we do, and that we were more naive
than anything else. Some of the other guards even told us that the whole
thing was bullshit, and that it was overzealous and a waste of
paperwork.

The decision to deport and ban us from the US was made entirely by
officer Kurt Tennat, the supervising officer. He said he had consulted
his supervisor by phone, but we don't know for sure. No court
proceedings, no legalities, no chance. . .

The border happenings sort of exemplified our feelings regarding the
U.S. and its political endeavors--confused and misguided, but hopeful
that, despite the many problems, there are a lot of good people who, if
given the right information and the chance, could change how things are
run.

There has been some letter writing from Brian Lowit [the head of our
label. Lovitt] and ourselves. We've written to our members of
parliament here in Canada, to U.S. senators, and American Attorney
General Alberto Gonzales. So far, there hasn't been too much in the way
of positive response, but we're still trying. There is an appeal process
but it is a long shot and it's not cheap.

http://www.econoculture.com/m/index.php?option=com_content&task
=view&id=307&Itemid=45

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BALTIMORE POLICE CLAIM RIGHT TO LIE ON SEARCH WARRANTS

EXAMINER - The Baltimore City Police Department has used a technical
legal argument to win a defamation lawsuit against two of its officers.
But the opposing attorney says the argument - that applications for
search warrants are immune from libel - gives police carte blanche to
make false statements on court documents and search anyone's home based
on lies. "A police officer can lie about a citizen on a search warrant
or an arrest warrant," said attorney Clarke Ahlers. "That's the city's
position and the judge agrees. It's absurd that's their public policy. .
.
On Aug. 1, Baltimore City Circuit Court Judge M. Brooke Murdock
dismissed Ahlers' $1.5 million defamation lawsuit, filed by police
officers Sgt. Robert L.D. Smith and Vicki Lynn Mengel. . . In dismissing
the suit, Murdock agreed with the police department's argument that
applications for search warrants "are protected from a claim of
defamation by absolute immunity.". . .

City police "do not deny that they made intentionally false and
malicious statements in contravention of law in the affidavit in support
of a search warrant," Ahlers wrote. "They claim absolute immunity for
making these false and malicious statements because they were made in
the course of judicial proceedings."

http://www.examiner.com/a-209200~Lawyer__Department_defends_lying
_in_its_court_documents.html

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