ABA head warns against 'taking shortcuts' w/ Constitution

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ABA head warns against 'taking shortcuts' with Constitution

Greg Sampson (Jurist News) Saturday, February 11, 2006, at 10:34 AM EST



(JURIST News) http://www.abanet.org/">American Bar Association (profession website) president Michael S. Greco said Friday that American civil liberties were under stress in a time of conflict, but that policymakers should resist the temptation to "take shortcuts with the Constitution". He made his comments as the ABA released (press release) a poll (results, .pdf format AdobeReader® required) showing that 52 percent of Americans believe the President could not suspend constitutional liberties in the fight against terrorism, and that an additional 25 percent believe the President must seek either congressional or court authorization before engaging in domestic surveillance (JURIST news archive).

The poll was commissioned by a special ABA task force (ABA Journal report; member profiles) set up to investigate the domestic surveillance initiative. Its preliminary report will be submitted to the ABA House of Delegates during the organization's midyear meeting in Chicago (press release) on February 13, (2006), where delegates will vote on whether or not to:

*Call on the President to abide by our constitutional system of checks and balances and respect the roles of Congress and the judiciary in protecting national security consistent with the Constitution

*Oppose any further electronic surveillance in US for foreign intelligence purposes that does not comply with the Foreign Intelligence Surveillance Act and urge the President, if he believes FISA is inadequate, to seek amendment or new legislation

*Urge Congress to affirm that the Authorization for Use of Military Force adopted by Congress in September 2001 did not provide an exception to FISA, saying such an exception must be explicit

*Urge Congress to conduct a comprehensive, thorough investigation of the National Security Agency’s domestic surveillance program

*Urge Congress to assure proceedings of that investigation are open to public

*Urge Congress to review and make recommendations regarding intelligence oversight process

AP has more.
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. . . more at . . . http://jurist.law.pitt.edu/paperchase/2006/02/aba-head-warns-against-taking.php
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1. Head of (ABA) urges Bush to obey surveillance law . . .

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Nation/World: war on terror

Head of lawyers group urges Bush to obey surveillance law

AP, February 11, 2006

CHICAGO - The president of the nation's largest lawyers group said yesterday that President Bush should comply with federal law when conducting surveillance of Americans and refrain from scaring people into giving up their civil liberties in the fight against terrorism.

"Times of conflict have often put stress on America's liberties. It's a time when we get frightened and are tempted to take shortcuts with the Constitution," American Bar Association President Michael Greco said. "But I personally reject the false choice that is being offered Americans that they must give up their liberties to have security."

Greco also released a proposal recommending that the association oppose further domestic surveillance that does not comply with the 1978 Foreign Intelligence Surveillance Act.
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http://www.baltimoresun.com/news/custom/attack/bal-te.nationlede11feb11,0,3019610.story?track=rss
(Baltimore Sun, AP, visited Saturday, February 11, 2006 at 4:50 PM ET)
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[C_U_L8R]

2. It would be nice

if some lawyers (actually most or all lawyers)
stood to defend justice and uphold the law.

It's one thing to wimper and plead that the president STOP
breaking the law. It's a whole 'nother thing to prosecute the
chimp-bastard for undertaking these crimes (and seeing it through
until just punishment is delivered for crimes committed).

We want justice ! We demand justice !
And anyone who respects the law of the lands should want justice too.
The president is NOT allowed to break the law... and he needs to be punished
for his felonies.

[TaleWgnDg]

3. The American Bar Association (ABA) is a professional

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The American Bar Association (ABA) is an incorporated professional organization which must obey the law u/ which it is incorporated, meaning that it cannot and does not take any political stance. Nor does it pitch any ideology or agenda because -- as a professional organization -- it does not have any ideology or agenda. Instead, it remains an unbiased, objective, non-subjective organization that contains many members across America who's own personal politics or ideology or agenda never play any part of the ABA.

Unfortunately, you sound like George Walker Bush when he says that the ABA is a lefty LIE-ber-all organization that should never give its "opinion" on who should sit on the U.S. Supreme Court!

What you are asking and/or requiring is an elected body (the U.S. Congress) to get the hell off its duff and censure or impeach that SOB in the White House. This, the ABA or any other professional (incorporated) organization, cannot do.

Here's the ABA's press release (that's hyperlinked above in the OP):

Release: Immediate
Media contact: Nancy Slonim
Phone: 312/XXX-XXXX
From Feb. 9 - 13: 312/XXX-XXXX
Email:
Online: www.abanews.org

MAJORITY OF AMERICANS SAY PRESIDENT SHOULD NOT SUSPEND CONSTITUTIONAL FREEDOMS WITHOUT COURT ORDER OR
CONGRESSIONAL AUTHORIZATION: ABA PUBLIC OPINION POLL

CHICAGO, Feb.10, 2006 – According to a poll commissioned by the American Bar Association and released today, 52 percent of respondents said that in the fight against terrorism, the President of the United States alone cannot suspend constitutional freedoms, with an additional 25 percent saying he must obtain authorization by a court of law or Congress. Thus 77 percent of Americans express deep reservations about the president’s secret surveillance program.

The telephone poll conducted by Harris Interactive® over the past weekend found that only 18 percent of respondents believe the president can suspend constitutional freedoms "anytime the President thinks it is necessary to protect the country."

"While everyone agrees on the need for aggressive deterrence of terrorism, the disclosure of unchecked domestic spying by the president is deeply troubling to many Americans," said ABA President Michael S. Greco, who released the poll results today in a news conference during the ABA’s 2006 Midyear Meeting in Chicago.

"Our Founders gave us a government that can act swiftly in times of danger, but also protect our basic freedoms. It’s very encouraging that Americans understand and insist on preserving that balance," he said.

Clearly, Greco said, the poll results demonstrate that Americans are deeply interested in and alarmed by issues raised by secret spying on citizens’ communications by the National Security Agency. "It is a time when we should be having conversations about our constitutional freedoms as well as our security," he said. He invited members of the public to download their own free copy of the Constitution and learn more about the Constitution and presidential war powers at http://abaconstitution.org, and to express their own views on domestic surveillance in a separate poll available there.

In a separate question, 45 percent said that in the fight against terrorism the government would never be justified in eavesdropping on their own personal communications without approval by a court or Congress.

When presented with specific reasons that might justify monitoring personal communications, 22 percent said it would be justified by an anonymous tip that they may be helping to plan a terrorist attack in the U.S.; 21 percent said it would be justified if someone suspected they may be sending money to a terrorist organization, and eight percent said it would be justified if the person was a member or supporter of an organization which has publicly criticized the President. Respondents were allowed to choose more than one reason.

Additionally, Greco released a policy proposal that is to be presented to the ABA House of Delegates on Monday, when it convenes during the ABA’s 2006 Midyear Meeting in Chicago. The report will not constitute ABA policy until it is adopted by the House of Delegates.

The report was submitted by a Task Force on Domestic Surveillance created by Greco in January to respond to revelations about NSA domestic surveillance. A roster of task force members, which includes a former Director of the FBI, former General Counsel of the CIA and former Counsel of the National Security Agency, is available at http://www.abanet.org/op/domsurv.

The proposal includes six clauses, which would:

*Call on the President to abide by our constitutional system of checks and balances and respect the roles of Congress and the judiciary in protecting national security consistent with the Constitution
*Oppose any further electronic surveillance in U.S. for foreign intelligence purposes that does not comply with the Foreign Intelligence *Surveillance Act and urge the President, if he believes FISA is inadequate, to seek amendment or new legislation
*Urge Congress to affirm that the Authorization for Use of Military Force adopted by Congress in September 2001 did not provide an exception to FISA, saying such an exception must be explicit
*Urge Congress to conduct a comprehensive, thorough investigation of the National Security Agency’s domestic surveillance program
*Urge Congress to assure proceedings of that investigation are open to public
*Urge Congress to review and make recommendations regarding intelligence oversight process

The public opinion poll results were produced in a nationwide poll of 1,045 U.S. adults aged 18 or over surveyed by telephone between Feb. 3 and 6, 2006, by Harris Interactive®. In theory, with probability samples of this size, one could say with 95 percent certainty that the results have a sampling error of plus or minus 3 percentage points of what they would be if the entire U.S. adult population had been polled with complete accuracy. Full poll results are available on the ABA Web site at http://www.abanews.org/docs/surveillancepoll06.pdf.

With more than 407,000 members, the American Bar Association is the largest voluntary professional membership organization in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law in a democratic society.

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Editors Note: During the Midyear Meeting a press room for working journalists will be in the Hyatt Regency Chicago, Riverside Center, Purple Level, East Tower. It will be open from 8 a.m. to 6 p.m. It will close one hour after the adjournment of the House of Delegates on Monday, Feb. 13. Beginning Feb. 9, the press room phone number will be 312/239-4835 and the Fax number will be 312/239-4846.

Harris Interactive®

Harris Interactive Inc. (www.harrisinteractive.com), based in Rochester, New York, is the 13th largest and the fastest-growing market research firm in the world, most widely known for The Harris Poll® and for its pioneering leadership in the online market research industry. Long recognized by its clients for delivering insights that enable confident business decisions, the Company blends the science of innovative research with the art of strategic consulting to deliver knowledge that leads to measurable and enduring value.

Harris Interactive serves clients worldwide through its United States, Europe (www.harrisinteractive.com/europe) and Asia offices, its wholly-owned subsidiary Novatris in Paris, France (www.novatris.com), and through an independent global network of affiliate market research companies. EOE M/F/D/V
http://www.abanews.org/releases/news021006.html

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BTW, we, lawyers, work for a living. We must put food on the table for our families, too. Those of us who have achieved a certain level of income who can afford to do so, similarly as any other profession, give back to their community and volunteer or contribute in some other manner to political parties or organizations that are legally authorized to do so. We are no different than any other Americans.
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