USD Magazine, Winter 2002

THE LAW OF Secret legal proceedings, detaining suspects without charges and expanded wiretaps are some of the tools the govern– ment is using in the domestic war on terrorism, leading some to wonder if we're damaging our freedom in the process. by Susan Herold I t was a break in political decorum - a former president criticizing a current Philosophy. "There are situations that demand you do things that you prefer you wouldn't have co. But do the results justify the means?" "I think we should rake a deep breath and slow down," adds Professor Lawrence

president during wartime. But when former President Jimmy Carter recently cold attendees at a USD peace conference that President Bush's plan co cry suspected terrorists in secret military tribunals was a "mistake," he joined a growing debate in the halls of Congress and college campuses. Have we gone coo far in our domestic war on terrorism, threatening the civil rights and open immigration policies that are the foun– dation of America? Or are we merely giving law enforcement the necessary cools co deal with foreign terrorists who have no concept of justice? "This is tricky business, because the law of war is not the law of a civil society," says School of Law Professor Michael Moore, co-founder of USD's Institute for Law and

Hinman, direccor of USD's Values Institute. "We need co realize we are a powerful coun– try, and we can win this without sacrificing at home some of our most prized posses– sions, namely civil liberties. " In addition co Bush's order for the tri– bunals, Congress has passed legislation giv– ing law enforcement new powers co track "suspected terrorists," including expanded wiretaps, the ability co seize voice mail and e-mail, searches of homes where suspects live without notifying the property owners, and the detention of up co six months of suspects without the filing of charges. To date, 1,000 non-citizens, primarily Middle Eastern men, have been detained by the Justice Department, with more than 600 still in cusrody. According to USD's experts in Constitutional law, the measures approved so far likely will hold up co potential legal challenges. They note that non-citizens do not have the same Constitutional rights as citizens - they are not allowed co vote, not allowed co remain in the country without the proper documen– tation, not allowed co remain indefinitely - and as such are subject co more intense scrutiny. "I understand the Constitutional argu– ments when people criticize detention with– out the filing of charges," says Mike Ramsey, USD School of Law professor, "but there is no Constitutional obligation co allow aliens in the country in the first place. The Supreme Co urt cases involve what states can do co aliens .. . bur they don't say anything about what restrictions the federal government can attach co aliens."

y Carter criticized President Bush's ry tribunal policy during a peace ence at USD.

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