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In defending the regulations about eavesdroppiag in een instituted on Oct. 30 with little public notice, ser. action would help impede terrorist activities.

The regulation covers not only people in federa. Crisor" federal marshals and the immigration service.

By monitoring all conversations between lawyers and dama
custody, officials said, they would be able to preves- eTorre" znam
infortation could not be used to prosecute anyone.

That is a departure from the traditional approach of 06.11.8 "TV:17 to be used in a courtroom.

*The priority now 19 stopping terrorist activity. saving Amer) evidence that's admissible in court," a senior government |

Under the regulation, the lawyers and their clients would be int martir their personal telephone conversations and mail would be monster

Mindy Tucker, the Justice Department spokeswoman, said the rewrathe or some only a small group of people, those who had been designated 19 requer meu treatment.

MS. Tucker said that, so far, only 13 people in federal custody nad teer doen,

them, she said, had been arrested since Sept. 11,

In an interview tonight with Larry King on CNN, Attorney General Jorir Agenda new guidelines had been misinterpreted by critics.

* Just imagine this," Mr. Ashcroft said. "You have a terrorist who has fact, of the 13, some are terrorists -

that has an incompleted task an signal those colleagues of his on the outside of a time to complere de what the terrorists endeavor.

"We think we ought to be able to try and detect that and prevent thasary Mz. Ashcroft said the regulation stipulated that the officials lister, communications would not be able to pass any information to prosecutors the information could be used in court without a judge's permission. Government officials said that among those whose lawyer-client communem monitored was Omar Abdul Rahman, the blind sheik convicted in the 195

World Trade Center.

Senator Leahy said he was "deeply troubled by what appears to be an ad exercise new powers without judicial scrutiny or statutory authorizat,

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* These are difficult times." Mr. Leahy added. "Trial by fire can refine us but it can also coarsen us."

The administration should devise ways to counter terrorists, he said, without losing the freedoms that we are fighting to protect."

Robert E. Hirshon, the president of the American Bar Association, said that the new eavesdropping regulation clearly violated the Constitution's guarantees of the right to counsel and to be free of unreasonable searches.

The attorney-client privilege dates to the reign of Elizabeth I in England and, Mr. Hirshon said, "No privilege is more indelibly ensconced in the American legal system than this privilege."

Traditionally. prosecutors may ask judges to wiretap lawyer-client conversations if they can demonstrate probable cause that the lawyer is being used to carry out a criminal enterprise

The rule about attorney-client conversations was published Oct. 31 in the Federal Register, a day after it went into effect. It states that the monitoring can take place when the attorney general concludes there is "reasonable suspicion" that the communications are intended to further terrorist acts.

Concerning the State Department's new visa policy, even advocates of tighter controls on immigration expressed discomfort with the approach.

Steven Camarota, the research director of the Center for Immigration Reforma in Washington, said the United States should scrutinize all visa applicants equally and not just focus on Muslim men. Technological advances should allow for all visa applicants to be finger-printed and checked by the F.B.I., Mr. Camarota said.

"There should be a consensus in the United States that we don't want an ethnic- or religious-based immigration system," he said.

Photos: Secretary of State Colin L. Powell said new visa processing rules would only be temporary. (Agence France-Presse); (Mathew Brady); (Associated Press); (Reuters) (pg. B6)

Chart: "CLOSBUP: Civil Liberties vs. Threats to Society Through U.S. History" Here are some of the most significant actions by Congress or the president that have restricted civil liberties or have led to disputes about those rights. Most of the actions have come in times of war, anticipated conflict or threats of terrorism.

JULY 6, 1798 -- The Alien Enemy Act, one of the Alien and Sedition Acts passed in anticipation of war with France, authorizes the deportation of "alien enemy males of 14 years and upwards. "

APRIL 27, 1861

President Abraham Lincoln suspends the writ of habeas corpus in

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Pennsylvania, Delaware, Maryland and the District of Columbia. The suspension is extended to all other states in March 1863.

MAY 22, 1918 -- The Entry and Departure Controls Act allows the president to "control the departure and entry in times of war or national emergency" of any noncitizen "whose presence was deemed contrary to public safety." The act is extended on June 21, 1941.

JUNE 28, 1940 -- The Alien Registration Act requires the registration of all noncitizens and the fingerprinting those over 14 years of age.

FEB. 19, 1942 President Franklin D. Roosevelt signs Executive Order 9066, banning from *military areas" all persons "deemed necessary or desirable" to exclude from those areas. The decision forces the relocation of more than 100,000 Japanese - Americans to camps in the nation's interior.

SEPT. 22, 1950 -- The Internal Security Act makes it unlawful for a member of a *Communist action" organization to "hold any nonelective office or employment under the United States," or to "engage in any employment in any defense facility," or to "apply for or use a passport." The act also establishes a Subversive Activities Control Board with the power to determine whether an organization is a "Communist front." A provision of the act requiring Communist Party members to register with the government was declared unconstitutional by the Supreme Court in 1965, rendering the entire act unenforceable.

OCT. 4. 1973 The American Civil Liberties Union calls for impeaching President Richard M. Nixon, for violating the right of political dissent; "establishment of a personal secret police which committed crimes;" interference in the trial of Daniel Ellsberg; and *usurpation of Congressional war-making powers."

OCT. 25, 1978 -- The Foreign Intelligence Surveillance Act, passed in response to increased terrorist activity around the world, authorizes electronic eavesdropping and wiretapping in the collection of "foreign intelligence" information. The act creates a special court composed of seven federal judges, meeting in secret, that considers applications from the Department of Justice and intelligence agencies. In 1994 the act was expanded to permit covert physical searches. Electronic surveillance and physical searches are permissible in some circumstances even without a court order.

APRIL 24, 1996 - - The Antiterrorism and Effective Death penalty Act, passed in part by the bombing of the World Trade Center in 1993, establishes membership in a terrorist organization as a ground for denying a noncitizen entry into the United States, and returns to the border" an immigrant who has entered the country unlawfully, "regardless of the duration of his or her presence in the United States." The act also enables federal officials to use court-ordered wiretapping to investigate various immigration offenses, including fraud relating to driver's licenses, passports and other forms of identification. (pg. B6)

INDEX REFERENCES

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COMPANY: AMERICAN BAR ASSOCIATION

NEWS SUBJECT:

(Judicial (1JU36); Legal (ILE33); International Terrorism (11N37))

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REGION: (Afghanistan (1AF45), Middle East (1MI23), Africa (1AF90); USA (1US73) Americas (1AM92); North America (1NO39); Western Asia (1WE54); Asia (1AS61); Mediterranean (1MB20) )

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OTHER INDEXING: (Lewis, Neil A; Marquis, Christopher; Leahy. Patrick J (Sen)) (ALIEN;
ALIEN ENEMY ACT; ALIEN REGISTRATION ACT; AMERICAN BAR ASSOCIATION; AMERICAN CIVIL
LIBERTIES UNION; AMERICAN MUSLIMS; ANTITERRORISM; BUSH; CHART: "CLOSEUP; CIVIL LIBERTIBS;
CONGRESS; CONSTITUTION; ANIEL ELLSBERG; DEPARTMENT OF JUSTICE; ELIZABETH; ENTRY; BDERAL
REGISTER; IMMIGRATION REFORM; INTERNAL SECURITY ACT; JUDICIARY COMMITTEE; JUSTICE; JUSTICB
DEPARTMENT; LONGER VISA WAITS; NATIONAL IMMIGRATION FORUM; STATE DEPARTMENT; SUBVERSIVE
ACTIVITIES CONTROL BOARD; SUPREMB COURT; US BAVESDROPPING; VERMONT DEMOCRAT) (Abdul
Rahman; Abraham Lincoln; Al Qaeda; Angela M. Kelley; Ashcroft; Camarota; Colin L. Powell;
Communist Party: England; Franklin D. Roosevelt; Hirshon; John Ashcroft; Laden; Leahy;
Mathew Brady; Mindy Tucker; Patrick J. Leahy; Powell; Richard M. Nixon; Robert B. Hirshon;
Sedition Acts: Steven Camarota; Technological; Tucker) (Terrorism; Hijacking; Airlines
and Airplanes, World Trade Center (NYC); Men; Visas; Terrorism; Wiretapping and Other
Eavesdropping Devices and Methods) (New York City; Washington (DC))

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ARTICLE, BOB HERBERT, “STORIES FROM THE INSIDE,” NEW YORK TIMES,
FEBRUARY 7, 2005, AVAILABLE ON WESTLAW AT 2005 WLNR 1682135

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2/7/05 N.Y. Times A21 2005 WLNR 1682135

New York Times (NY)
Copyright (c) 2005 The New York Times. All rights reserved.

February 7, 2005

Section: A

Stories From The Inside

Bob Herbert

Bob Herbert Op-ed column says horror stories from scandalous interrogation camp that United States operates at Guantanamo Bay are coming to light in spite of government's 'Obsessively reinforced barriers of secrecy'; cites case of Shafiq Rasul, British citizen seized in Afghanistan in aftermath of 9/11 and subjected to two years of physical abuse and isolation before British intelligence officials proved he and two others had been in England during time they were accused of being in Al Qaeda training camp, says Bush administration has turned Guantanamo into place devoid of due process and rule of law; holds that Congress and courts should uproot this evil practice (M)

"During the whole time we were at Guantanamo," said Shafiq Rasul, "we were at a high level of fear. When we first got there the level was sky-high. At the beginning we were terrified that we might be killed at any minute. The guards would say to us, "We could kill you at any time.' They would say, 'The world doesn't know you're here. Nobody knows you're here. All they know is that you're missing, and we could kill you and no one would know.'.

The horror stories from the scandalous interrogation camp that the United States is operating at Guantanamo Bay, Cuba, are coming to light with increased frequency. At some point the whole shameful tale of this exercise in extreme human degradation will be told. Por the time being we have to piece together what we can from a variety of accounts that have escaped the government's obsessively reinforced barriers of secrecy.

We know that people were kept in cells that in some cases were the equivalent of animal cages, and that some detainees, disoriented and despairing, have been shackled like slaves and left to soil themselves with their own urine and feces. Detainees are frequently kicked, punched, beaten and sexually humiliated. Extremely long periods of psychologically damaging isolation are routine.

This is all being done in the name of fighting terror. But the best evidence seems to show that many of the people rounded up and dumped without formal charges into Guantanamo had nothing to do with terror. They just happened to be unfortunate enough to get caught in

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