Subject: Government Files Released to ACLU Reveal Human Cost of War

From: ACLU Online <[email-masked]>
Date: Fri, 13 Apr 2007 13:40:15 -0500 (CDT)

ACLU Online 
The e-newsletter of the American Civil Liberties Union 
Friday, April 13, 2007 

********************************* 
IN THIS ISSUE: 

-- Government Files on Civilian Casualties in Afghanistan and Iraq 
Released 

-- The Real Face of Real ID 

-- As Un-American Military Commissions Resume, ACLU Monitors at 
Guantánamo Bay 

-- After Stunning Internal Report, Congress Moves to Act on FBI Patriot 
Abuses 

-- FCC Proposal Attacks Free Speech 

-- STAND UP! 

IN THE STATES:

	* Florida Clemency Reform Not All It's Cracked Up to Be 

	* Over City's Protests, Judge Allows NYCLU to Release Documents on 
	Spying During RNC 

********************************* 
GOVERNMENT FILES ON CIVILIAN CASUALTIES IN AFGHANISTAN AND IRAQ RELEASED

Since U.S. troops first set foot in Afghanistan in 2001, the Defense 
Department has gone to unprecedented lengths to control and suppress 
information about the human costs of war. But documents made public by 
the ACLU this week provide a vivid window into the lives of innocent 
Afghans and Iraqis caught in conflict zones. 

Hundreds of claims for damages by family members of civilians killed 
by Coalition Forces in Iraq and Afghanistan were recovered through a 
Freedom of Information Act request filed in June 2006. The claims and 
related materials highlight the cost of government efforts to suppress 
information, through policies including: 

*  Banning photographers on U.S. military bases from covering the 
arrival of caskets containing the remains of U.S. soldiers 
killed overseas; 

*  Paying Iraqi journalists to write positive accounts of the U.S. 
war effort; 

*  Inviting U.S. journalists to "embed" with military 
units but requiring them to submit their stories to the military 
for pre-publication review; 

*  Erasing journalists' footage of civilian deaths in 
Afghanistan, and 

*  Refusing to disclose statistics on civilian casualties. 

In Afghanistan in March 2002, then-head of U.S. Central Command 
General Tommy Franks said "You know we don't do body counts." 
Then-Secretary of Defense Donald Rumsfeld said in November 2003, 
"We don't do body counts on other people." 

The ACLU released a total of 496 files: 479 from Iraq and 17 from 
Afghanistan. Of those claims, 198 were denied based on an exemption 
for combat situations. The documents released by the ACLU are 
available online in a searchable database at: 
http://action.aclu.org/site/R?i=Wb3Rx4Nm7x5ppC7R0lftsQ.. .

In one file, a civilian from the Salad Ad Din province in eastern Iraq 
states that U.S. forces opened fire with over one hundred rounds on 
his sleeping family, killing his mother, father and brother. 

"Although these files are deeply disturbing to read, they allow 
us to understand the human cost of war in a way that the usual 
statistics and platitudes do not" said Jameel Jaffer, Deputy Director 
of the ACLU's National Security Program. 

In a separate effort, the ACLU filed a FOIA request in October 2003 
for records concerning the abuse of prisoners held by U.S. forces in 
Iraq, Afghanistan and Guantánamo Bay. That request has resulted in the 
release of more than 100,000 pages, all of which are available online 
at: 
http://action.aclu.org/site/R?i=M0HgGVZLMnumKhN5j_Ggng.. . 

********************************* 
THE REAL FACE OF REAL ID 

If your local DMV already feels like a bureaucratic nightmare, hang 
on, because it may be getting worse. If the government's new 
Real ID rules come to your state, you can count on longer lines, worse 
services, bureaucratic snarls and higher fees. And a national ID card 
that will invade our privacy. 

Get a firsthand look at all this in a special Freedom Files video 
short. The piece features Bill Cattorini, a retired Chicago fireman 
who has been caught in a bureaucratic limbo due to a discrepancy 
between his birth date as listed on his driver's license and the 
date on his social security card. That was never an issue until 
Illinois began trying to comply with some parts of Real ID. Now 
Cattorini can't drive. 

A battle over Real ID is now raging in state legislatures across the 
nation, with a growing number of states rebelling against this 
expensive (and unfunded) scheme. Already Maine and Idaho have declared 
that they won't comply, and many other states are quickly moving toward 
similar actions. 

>> VIDEO: A new Freedom Files video short explains the problems with the Real 
ID Act through the problems experienced by one Chicago man. 
http://action.aclu.org/site/R?i=K9dF8PVCc9SkKzp5ODtM9w..

>>MAP: 
A map showing the status of anti-Real ID legislation in each state is 
online at: 
http://action.aclu.org/site/R?i=5aKIpdT-x0-0SxVAObXZVw..

>>TAKE ACTION 

Find out what action you can take in your state at: 
http://action.aclu.org/site/R?i=6UH5QZkq9h7su7tJSpq69g..

********************************* 
AS UN-AMERICAN MILITARY COMMISSIONS RESUME, ACLU MONITORS AT 
GUANTANAMO BAY
 
As the Guantánamo Bay military commission proceedings commenced under new, 
flawed rules, the ACLU reiterated the call to close Gitmo and return to a 
legal system in line with the Constitution and the right 
to due process. 

The ACLU is one of four organizations that have been granted status as 
human rights observers at the military commission proceedings. 

After two Supreme Court decisions rejected the Bush administration's 
detention policies at the facility, the legal status of the detainees 
there remains unresolved. 

Already, several measures have been introduced in Congress to fix the 
Military Commissions Act. The ACLU is urging Congress to enact both 
measures. The "Habeas Corpus Restoration Act of 2007" (H.R.1416/S.185) 
would restore habeas corpus for those detained by the American government. 
The "Restoring the Constitution Act of 2007" (H.R. 1415/S.576) would also 
reinstate habeas rights and clarify the definition of "enemy combatants." 
Additionally, it would block the federal government from making up its 
own rules on torture and abuse. 

Ask your Members of Congress to support these bills: 
http://action.aclu.org/site/R?i=nRud0jlXMHscR1SxvOvxfg..

The ACLU has also continued to hold government leadership accountable by 
litigating a Freedom of Information Act request for documents concerning 
the treatment of prisoners held in U.S. custody. So far, more than 100,000 
pages of government documents detailing the torture and abuse of detainees 
have been released. 
http://action.aclu.org/site/R?i=bDu6L-kmy_OEadBIr7kAZw..

>>BLOG 
Staff Attorney Ben Wizner was in Guantánamo Bay witnessing the first 
proceedings of the new flawed military commissions. The ACLU continues 
to call for the closure of the facility and the restoration of due 
process: 
http://action.aclu.org/site/R?i=k9ljXg1wsXFk12QjvlLDOA..
********************************* 
AFTER STUNNING INTERNAL REPORT, CONGRESS MOVES TO ACT ON FBI PATRIOT
ABUSES
 
Since the Justice Department revealed serious FBI abuses of the Patriot Act's 
"National Security Letter" (NSL) provisions, momentum has been building in 
Congress for real oversight and a full overhaul of the NSL rules.

Congresswoman Jane Harman of California, Chair of the Homeland Security 
Subcommittee on Intelligence, has introduced legislation to rein in the 
National Security Letter authority expanded by the Patriot Act. Her move 
follows a House Permanent Select Committee on Intelligence hearing where 
members grilled government witnesses on the recent revelations 
that the FBI abused the NSL authority. Many members of the Intelligence 
hearing, Democratic  and Republican alike, believe the law regarding NSLs 
should be changed. 

The Patriot Act includes dangerous expansions to the government's "National 
Security Letter" authority, which allows the FBI to demand records without 
prior court approval. Anyone who receives an NSL is forbidden, or "gagged," 
from telling anyone about the record demand. Since the Patriot Act was 
authorized in 2001, there has been an astronomical increase in NSL demands. 
While reports previously indicated a hundred-fold increase to 30,000 NSLs 
issued annually, an extraordinary March 2007 report from the Justice 
Department's own Inspector General puts the actual number at over 143,000 
NSLs issued between 2003 and 2005. The same investigation also found serious 
FBI abuses of regulations and numerous potential violations of the law. 

Harman's legislation would require a Foreign Intelligence Surveillance Court 
Judge or designated United States Magistrate Judge to approve the issuance of 
an NSL. It would also require the attorney general to submit semiannual reports 
on NSLs to Congress. 

"The IG's findings are clear evidence that the FBI's leadership turned a blind eye to a 
pattern of willful indifference to the law and Congress needs to put proper checks and 
balances into the vast NSL power, said Timothy D. Sparapani, an ACLU Legislative Counsel. 
"The Constitution and our laws are not merely advisory, but this administration has 
treated them as such." 

>>Read more about NSLs and take action 
http://action.aclu.org/site/R?i=2WlWR03fQ4tHqEiIiJjc0g.. 

********************************* 
FCC PROPOSAL ATTACKS FREE SPEECH

According to press reports, the FCC will soon recommend that 
television violence be regulated the same way indecency is regulated, 
meaning no violent content could air between 6 a.m. and 10 p.m. on 
broadcast channels. There is even some discussion of expanding the 
prohibitions to cable and satellite channels. If Congress acts upon 
the FCC recommendations, it would be a full frontal attack on the 
First Amendment. 

The FCC's effort to lay the groundwork for regulation of 
television violence could violate every American's right to free 
speech. 

These recommendations are a naked political ploy. How would violence 
be counted--in drops of blood? Would the producers of a show like 24 
be forced to change the show's subject matter? Would Saving 
Private Ryan be relegated to the wee hours of the morning because of 
its depiction of the brutality of war? The ACLU thinks that government 
should allow parents to make decisions about what is best for their 
families to watch. 

Parents already have the tools to help them monitor and control what 
their children watch on television. Parents can block channels or 
programs, use the V-chip, record and review appropriate programs, or 
just turn off the television. Additionally, there are several web sites 
that rate television programming to help parents evaluate appropriate 
programs for their children. 

Oppose the Federal Communications Commission's proposal to regulate violence 
on television. Take action now: 
http://action.aclu.org/site/R?i=Fc7w4SyXGM9qYRqREpervQ..

********************************* 
THE THIRD ANNUAL STAND UP FOR FREEDOM CONTEST 

If you're between the ages of 17 and 29, we want you to produce 
a video PSA or a podcast about how the government is abusing its 
power. Make it funny, slam it, turn it into a documentary--this 
is your chance to make some noise about the news that bugs you. 
StandUp. Get creative. 
http://action.aclu.org/site/R?i=RAd9VLKfGRUd_GucXydNCw..

StandUp Comics: A Legal Guide to the War on Terror 

In the latest installment of StandUp comics, Matt Bors illustrates the 
new rules on policing terror and Geneva-free destinations. Read it. 
E-mail it to friends. Print it out. Post it everywhere. 
http://action.aclu.org/site/R?i=9Egkw-jG6s9-kC4bZoH37w..

********************************* 
IN THE STATES:

* Florida Clemency Reform Not All It's Cracked Up to Be 

New rules passed last week by Florida's Board of Executive Clemency and Governor 
Charlie Crist fall far short of fixing Florida's civil and voting rights crisis.

The rules are crucially ambiguous especially as to whether individuals 
released years and decades ago still face the burden of collecting their records and 
applying for the restoration of civil and voting rights. The ACLU called for a 
paperless and immediate automatic restoration process for all ex-offenders who have 
completed the non-monetary terms of their sentence. 

"There are hundreds of thousands of people in Florida - more than any other state - 
who have had their fundamental civil or voting rights taken away by the state based 
on a Civil War Reconstruction-era scheme to deprive as many people as possible of 
their right to vote," said Howard Simon, Executive Director of the ACLU of Florida. 

The vast majority of ex-offenders are the nearly one million citizens 
who have already been released, completed their sentences and are 
working to support their families in Florida. These disenfranchised 
citizens receive fewer reprieves under the new rules. An executive 
order issued by the governor with the support of at least two cabinet 
members could immediately and automatically restore rights to these 
citizens. 

Many people are unable to work because there are dozens of state-issued occupational 
licenses, such as nursing, that cannot be obtained until a person's rights have been 
restored.

Reaching this large population and educating them on the new rules 
will be a daunting task. A system that would proactively benefit the 
majority of the disenfranchised should be automatic, immediate and 
paperless, said the ACLU, not require a tedious, bureaucratic 
paperwork process and waiting period to receive a certificate of 
restoration. 

* Over City's Protests, Judge Allows NYCLU to Release Documents on 
Spying During RNC 

The NYCLU recently made public reams of documents and dozens of hours 
of video about the New York Police Department's policing of the 
2004 Republican National Convention. The release follows a February 
federal judge's ruling that New York City could not stop the 
NYCLU from sharing the documents with the public. 

"The public has a right to see these documents," said NYCLU Executive 
Director Donna Lieberman. "The court recognized that democracy dies 
behind closed doors, and we carry out that court's mandate to keep it 
alive." 

The judge's ruling came in connection with the NYCLU's two post-RNC 
lawsuits challenging mass arrests and detentions during the 2004 
Republican National Convention. The documents and videos were obtained 
by the NYCLU in pre-trial discovery. 

New York City said the documents in question were secret and could not 
be shared; the NYCLU countered that there was nothing sensitive about 
the documents and that they should be part of the public record. The 
judge, James C. Francis IV, ruled on the side of the NYCLU. The city 
did not appeal. 

The documents illuminate how the 2004 Republican National Convention 
was policed. Highlights include: 

The Pier 57 NYPD Officer Medical Reports, filed with the NYPD's own 
medical division by 40 of the NYPD's own officers. NYPD complainants 
report that they were exposed to various harmful substances while 
assigned to Pier 57 during the convention. The reports indicate that 
protesters' concerns about conditions of detention at Pier 57 were 
shared by the officers assigned to the area. 

The RNC No-Summons Memo of May 4, 2004, which announces that NYPD 
officers would not give summonses to protesters during the convention, 
instead arresting and fingerprinting them. This policy caused lengthy 
detentions of demonstrators; without it, 1,500 of the 1,800 arrestees 
would have been eligible for summons and quick release. 

The RNC Arrest-to-Arraignment Charts, which show that RNC arrestees 
were arraigned much more slowly than non-RNC arrestees during the week 
of the convention. 

The documents are available on the NYCLU's website at: 
http://action.aclu.org/site/R?i=hwKTeo6vUQnkYIZXjs50sQ..

********************************* 
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American Civil Liberties Union
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Geraldine Engel and Jed Miller, Editors

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