Democrats renege on Patriot Act promise



During his campaign for the presidency, Barack Obama, touting his background as a professor who taught constitutional law, often waxed eloquent about his commitment to civil liberties and to correcting the Patriot Act's threats to basic constitutional protections. It was part of his stump speech on the campaign trail. And in one of the presidential debates he said, "I like to think that had I been in the Senate [in 2001], I would have [voted] against the Patriot Act."

And so, it might have been expected that when the Democratic-controlled Senate judiciary committee began consideration last week of whether or not to renew some of the more controversial provisions of the Patriot Act, they would have made an effort to fulfil the president's campaign promise and that the White House would have weighed in, in favour of reform. Three sections of the act (the so-called "library provision", the use of roving wiretaps, and the "lone wolf" provision) are due to expire, at the end of the year, and this, therefore, was the time to either let them expire or, as The New York Times advocated, "add missing civil liberties and privacy protections, address known abuses and trim excesses".

Of particular concern to civil libertarians was the fact that the three sections of the Patriot Act in question have allowed law enforcement to wiretap and to seize the records of businesses, institutions (including libraries), and individuals without judicial review or oversight, and without ever establishing evidence of suspected terrorist activity. Civil libertarians, of the right and left, urged the Senate not to reauthorise the three provisions without providing new restraints on law enforcement and adequate protections, ensuring that rights be safeguarded. Alas, the committee voted last week, with the White House's blessing, to send to the full Senate, for its consideration, a reauthorised Patriot Act largely intact.

The debate within the committee had one comic (or tragic) moment. Dick Durbin, a Democratic senator for Illinois, attempted to amend the proposed Patriot Act reauthorisation with a provision that would have required law enforcement to demonstrate a terrorist connection before they could use the act's sweeping powers to wiretap or seize records. In arguing against Mr Durbin's effort, Amy Klobuchar, a Democratic senator for Minnesota, said his amendment was unnecessary since she felt that the bill, as proposed, already included protection enough. To make her case, she then went on to read aloud what she thought was the bill she favoured, concluding triumphantly that what she had read provided adequate safeguards. All well and good, except as Mr Durbin then pointed out, "you just read my amendment". Unabashed, Mrs Klobuchar voted against the Durbin amendment that she had just read aloud and praised. And this is how American laws are made!

Everyone knows about the US's annual aid package to Israel - a combined package of around US$3 billion (Dh11bn) in economic and foreign military assistance. That it is given up front (transferred immediately into a separate bank account, with interest going to Israel), without any US government oversight, is not so well known.

What also slips under the radar are several "add-ons" that go to the government of Israel as part of other appropriation bills passed by Congress. There are "add-ons": that support Israeli foreign aid projects in Africa, arid land research, support for Israeli hospitals and universities, refugee resettlement in Israel (no, not for Palestinians) and so on. In the past few weeks, Congress passed out a few more of these generous "add-ons". On the small side, there was $700,000 to extend the "Ohio-Israel Agricultural Institute" and $2 million for a "US-Israeli energy co-operation agreement". On the larger side, there was: $202.4m for defence-related "research, development and testing" activity (mostly covering the cost of the Arrow missile defence programme). With more yet to come.

A Pew Research poll, out last month, shows that while the number of Americans who get their news from the internet has doubled since 2004, and newspaper readership showing a decline of 25 per cent, still a healthy 71 per cent of Americans get their news from television.

Despite the poll's finding that viewers give most of the networks high overall positive grades, almost two thirds of the public surveyed said the networks are "often inaccurate", with three quarters accusing them of bias. What exactly, you might well ask, do they like? Not surprisingly, Republicans favour Fox News Channel, giving it a 72 per cent favourable rating against only a 12 per cent unfavourable score. Democrats, on the other hand, give all the other networks overwhelmingly positive scores (eg CNN 75 per cent positive/ seven per cent negative).

foreign.desk@thenational.ae

Our legal advisor

Ahmad El Sayed is Senior Associate at Charles Russell Speechlys, a law firm headquartered in London with offices in the UK, Europe, the Middle East and Hong Kong.

Experience: Commercial litigator who has assisted clients with overseas judgments before UAE courts. His specialties are cases related to banking, real estate, shareholder disputes, company liquidations and criminal matters as well as employment related litigation. 

Education: Sagesse University, Beirut, Lebanon, in 2005.

Hamilton’s 2017

Australia - 2nd; China - 1st; Bahrain - 2nd; Russia - 4th; Spain - 1st; Monaco - 7th; Canada - 1st; Azerbaijan - 5th; Austria - 4th; Britain - 1st; Hungary - 4th; Belgium - 1st; Italy - 1st; Singapore - 1st; Malaysia - 2nd; Japan - 1st; United States - 1st; Mexico - 9th

The smuggler

Eldarir had arrived at JFK in January 2020 with three suitcases, containing goods he valued at $300, when he was directed to a search area.
Officers found 41 gold artefacts among the bags, including amulets from a funerary set which prepared the deceased for the afterlife.
Also found was a cartouche of a Ptolemaic king on a relief that was originally part of a royal building or temple. 
The largest single group of items found in Eldarir’s cases were 400 shabtis, or figurines.

Khouli conviction

Khouli smuggled items into the US by making false declarations to customs about the country of origin and value of the items.
According to Immigration and Customs Enforcement, he provided “false provenances which stated that [two] Egyptian antiquities were part of a collection assembled by Khouli's father in Israel in the 1960s” when in fact “Khouli acquired the Egyptian antiquities from other dealers”.
He was sentenced to one year of probation, six months of home confinement and 200 hours of community service in 2012 after admitting buying and smuggling Egyptian antiquities, including coffins, funerary boats and limestone figures.

For sale

A number of other items said to come from the collection of Ezeldeen Taha Eldarir are currently or recently for sale.
Their provenance is described in near identical terms as the British Museum shabti: bought from Salahaddin Sirmali, "authenticated and appraised" by Hossen Rashed, then imported to the US in 1948.

- An Egyptian Mummy mask dating from 700BC-30BC, is on offer for £11,807 ($15,275) online by a seller in Mexico

- A coffin lid dating back to 664BC-332BC was offered for sale by a Colorado-based art dealer, with a starting price of $65,000

- A shabti that was on sale through a Chicago-based coin dealer, dating from 1567BC-1085BC, is up for $1,950

The Buckingham Murders

Starring: Kareena Kapoor Khan, Ash Tandon, Prabhleen Sandhu

Director: Hansal Mehta

Rating: 4 / 5

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