While there are a number of other important issues facing this country, issues that were
with us before September 11, our country is now faced with challenges of a previously
unimagined scope and scale to our national and homeland security. Of course, Jan
Schneider, like all loyal Americans, supports our President and our men and women in
uniform - from our military across the world to our local police, firefighters, and
medics - in the war against terrorism. Jan also supports the concept of a coordinated
effort to protect our homeland currently under consideration.
The war on terrorism is a long-term effort, which will continue to place severe strains
on our national economy and society. We as Americans are willing to endure the sacrifices.
But, if the objective is worth fighting and dying for, it should certainly be worth
talking about. Jan Schneider believes that we have both a right and a responsibility
to be involved and informed -- through our elected Congressional representatives.
Homeland security is crucial, will remain crucial, and must be of paramount priority.
Yet we can be both safe and free. At the present time, two crucial issues are before
Congress that require careful consideration so that we can both protect our homeland
and protect the values on which our country was founded.
The first is the Patriot Act, which has been the subject of a temporary extension. While parts
of the Patriot Act are beyond question beneficial, some of its provisions scheduled for sunset
are excessive and unnecessary. This is particularly true with regard to the infamous Section
215, which allows the government to force third parties including physicians, hospitals,
libraries, bookstores, universities, internet service providers and others to turn over
individual records without notice and without a warrant. The government does not even need to
show a reasonable suspicion, let alone probable cause, that the subject is engaged in criminal
activity or an agent of any foreign power. The fact that judicial oversight is virtually
eliminated is particularly troublesome in light of the recent revelations that the Foreign
Intelligence Surveillance Act (amended by the Patriot Act) has been bypassed by President Bush.
The second issue involves surveillance of United States nationals. As regards the Bush
domestic spying, two questions arise: First, has the President violated the law in
ordering surveillance of domestic targets? And second, what additional safeguards may
be warranted to protect Americans from unjustified intrusions on their privacy rights
(including not only individual rights but commercial secrets) and civil liberties?
In order to address both, Congress should undertake a full and immediate investigation
of the actions by the President, and the Attorney General should appoint an outside
special counsel to investigate and prosecute any legal violations as a result of the
domestic spying.
In sum, Congress must take all necessary measures to protect the United States against
terrorist attacks and other threats to our homeland. At the same time, we must all
remain ever vigilant to protect the fundamental freedoms that are the bedrock of our
democracy.
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