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Draft of a Resolution in Support of Civil Liberties

Comments/Explanation

Due to requests for education on why we are concerned and how exactly the Patriot Act and other actions of the federal government violate civil liberties, this draft of the resolution included specifics on this in the 'Whereas' section. These specifics are derived from other resolutions already passed by other cities.

Thanks to Larry Wang!


2nd Draft of the Resolution,

In Support of Civil Liberties and the Bill of Rights

WHEREAS: The residents of the City of Santa Fe wish to honor the memory of all those who have died as a result of the September 11 crimes and their consequences; and

WHEREAS: Several acts and orders recently enacted at the Federal level, including sections of the USA PATRIOT Act and several Executive Orders, now threaten the fundamental rights and liberties of our citizens which: All bu= t eliminates judicial supervision of telephone and Internet surveillance; Greatly expands the government's ability to conduct secret searches without warrants; Grants unchecked power to the Secretary of State to designate domestic groups as "terrorist organizations"; Grants power to the Attorney General to subject non-citizens to indefinite detention or deportation even if they have not committed a crime; Grants the FBI broad access to sensitiv= e medical, mental health, financial and educational records about individuals without having to show evidence of a crime and without a court order; and

WHEREAS: Federal Executive Orders issued since passage of the USA PATRIOT Act further endanger the rights and security of both citizens and non-citizens who speak and act legally in opposition to government policies through: Establishing secret military tribunals for terrorism suspects; Authorizing eavesdropping on confidential communications between lawyers an= d their clients in federal custody; Lifting Justice Department regulations against covert, illegal counter-intelligence operations by the FBI that in the past targeted domestic groups and individuals; Limiting disclosure of public documents and records under the Freedom of Information Act; and

Therefore, we the City Council of Santa Fe, New Mexico, acting in the spirit and history of our community, do hereby request that:

1. local law enforcement continue to preserve residents' freedom of speech, religion, assembly, and privacy, rights to counsel and due process in judicial proceedings, and protection from unreasonable searches and seizures, even if requested or authorized to infringe upon these rights by Federal law enforcement acting under new powers granted by the USA PATRIOT Act or orders of the Executive Branch;

2. the government of the City of Santa Fe act in the spirit of our state and federal Constitutions by asking local and state police, the local U.S. Attorney's office, and the FBI, and all related law enforcement agencies to report to citizens regularly and publicly the extent to and manner in which they have acted under the USA PATRlOT Act or new Executive Orders;

3. our Senators and Member of Congress, State and National, monitor the implementation of the Act and Orders cited herein and actively work for the repeal of the parts of that Act and those Orders that violate fundamental rights and liberties as stated in the Constitutions of the State and the United States.

The City of Santa Fe hereby affirms its commitment to embodying democracy, to embracing and defending the human rights and civil liberties now under siege, to guaranteeing the economic security required to make those liberties viable for all, regardless of citizenship status, gender, racial identification, religious affiliation, age, or country of origin.