In the summer of 2010 Sarah Smith, a Jewish American, went on a delegation to Palestine and Israel with two Palestinian American friends. She had been active in an interfaith Palestinian solidarity group. She was also an avid international traveler. She wanted to see firsthand the situation in Israel and Palestine. In early December of 2010, she and her two friends, as well as six others, all Palestinians or Palestine solidarity activists in Chicago, were served with subpoenas to appear before a grand jury.
In September of 2010, the FBI had subpoenaed fourteen anti-war and international solidarity activists from Illinois, Minnesota and Michigan to appear before a grand jury. The FBI even raided some of their homes. Sarah and the others from Chicago, along with these fourteen all took the Fifth Amendment and refused to testify. However, the grand jury in Chicago continues to meet. It is expected that indictments will be issued to some of them soon, more than one year later.
On December 31, 2011 President Obama signed the National Defense Authorization Act (NDAA). Sections 1031 and 1032 allow indefinite military detention without a trial or day in court. Some fear that the language is ambiguous so that even U.S. citizens and residents can be detained. The fear is that individuals would be denied the Fifth Amendment's guarantee of due process and the Sixth Amendment's right to challenge evidence and confront one's accusers.
In December of 2011, Senator Diane Feinstein introduced S. 2003 in the Senate and Representative John Garamendi introduced H.R. 3702 in the House. This legislation is entitled "Due Process Guarantee Act of 2011" and is intended to ensure that the Fifth and Sixth Amendments are not voided. As of February 8, 2012 four Representatives from Illinois were cosponsors (Guiterrez, Jackson, Rush and Schakowsky) as well as both Senators (Durbin and Kirk). Check here for Senator cosponsors and here for House cosponsors to get current listings. In addition, concerns about Section 1021 resulted in Representative Ron Paul introducing H.R. 3785 on January 18, 2012 to repeal that section entirely.
Without strong action now, our country is in danger of criminalizing political dissent - not unlike the McCarthy era. We fear that people who take positions that challenge U.S. foreign policy or are critical of Israel will have their dissent criminalized and their constitutional rights violated.
Please contact your U.S. Senators and your U.S. Representative and ask them to support the constitutional rights of any American to speak out even when these views oppose U.S. foreign policy. Also suggest that 2012 must be the year to base a just and lasting peace in Israel/Palestine on human rights, justice, equality, and security for all. We do not want to return to the McCarthy era.
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