This program was broadcast on September 4, 2003 at 11:30 pm.
Ted Koppel put together an amazing Nightline where he interviewed folks from the ACLU and the Justice Department, among others — and was able to paint a frighteningly accurate picture of the Patriot Act and its new bastard brother, the Victory Act.
If you’ve only got a minute, at least watch his closing thoughts on the matter. (Small – 3 MB) (Links to the complete program are located below.)
The men who drafted our constitution, who framed our civil rights and protected our various freedoms under the law would, I suspect, retch at some of the bone headed, self-serving, misinterpretations of their intentions that they so often use these days to undermine the very freedoms they pretend to safeguard. The miracle of American Law is not that it protects popular speech, or the privacy of the powerful, or the homes of the priviledged, but rather, that the least among us, those with the fewest defenses thoses suspected of the worst crimes — the most despised in our midst, are presumed innocent until proven guilty.
That remains as revolutionary a concept now as it was in the 1780s. It makes protecting the country against terrorism excruciatingly difficult, but we cannot arbitrarily suspend the rights of one catagory of suspects without endangering all the others.
Also of particular interest was the interview with Barbara Comstock, Director of Public Affairs for the Justice Department. Ted Koppel wanted to know why everything had to be kept secret. Why your medical records could be obtained without your being notified, etc. She kept bringing up the “al qaeda safe house,” which Ted finally told her “your floggin that Al Queda safe house to death Ms. Comstock.”
Ted also had to keep correcting Comstock by inserting the word “suspected” when she was talking about who the Patriot Act was being routinely used against. (“Suspected” terrorists and “suspected” enemy combatants.) She just couldn’t stop forgetting that these people were only suspects. That whole innocent until proven guilty thing kept slipping her mind.
Here’s a partial transcript from the end of the interview. I’ve created a small clip of this. (Complete versions located below.):
“What I’m asking is, since we are in agreement is that what we are talking about is that these people are people who are “suspects.” None of these people is a confirmed terrorist here. If you have a confirmed terrorist, I guarantee you, everyone who is watching tonight is going to applaud you and say “way to go.” But we are still dealing with people here who are suspected of something…” Koppel said.
“Sure.” she said.
“..and who therefore presumably have the same rights as any other American citizen, if they are citizens.” Koppel said.
Then later…
“How do we define who falls under the provisions of this act as distinct from the normal protections that exist for American citizens? Is it just that you define it? You define someone as being a suspect associated with terrorism? And if you can make a case to a court than you can lift some of the restrictions that would otherwise apply?” Koppel asked.
“Well the restrictions that would otherwise apply are still there. What it is is that we are operating under the same type of legal structures that we have always operated under, but now we’re able to…” Comstock said.
“Well not quite. I mean there are some people, obviously, who have been put in jail and who aren’t even permitted to have attorneys or who are not permitted to talk with their families. Now we are talking about people who. (stops) Right?” Koppel said.
“That’s has nothing to do with the Patriot Act. That’s actually “enemy combatants” that are outside the Justice Department per view. And that is the President’s authority at war powers.” Comstock said.
“Suspected, enemy combatants.” Koppel said.
“But those are…actually they’ve been designated as enemy combatants.” Comstock said.
“Well, designated without a trial.” Koppel said.
“Yes.” She replied.
Here’s the whole show in “complete” and “parts 1 and 2” versions:
Nightline – The Patriot Act – Part 1 of 2 (Small – 26 MB)
Nightline – The Patriot Act – Part 1 of 2 (Small – 26 MB)
Nightline – The Patriot Act – Complete (Small – 52 MB)
I’ve also provided a clip of the cool ACLU commercial that was aired during the broadcast. (Small – 2 MB)
