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    COUNCIL on DOMESTIC RELATIONS
    Information ActionLine Message #67
        6/6/95

AMERICANS ARE FACING THE POTENTIAL OF ONE OF THE DARKEST MOMENTS
IN OUR HISTORY.... THE DEMISE OF THE 1st, 4th, 6th & 7th
AMENDMENTS TO OUR CONSTITUTION

WE IMPLORE ALL WHO READ THIS MESSAGE TO TAKE IMMEDIATE ACTION!!!

The Omnibus Counter-Terrorism Bill known as S-735 could come to a
Senate vote as early as today.  If it is approved it will then be
forwarded to the House of Representatives.  We MUST try to stop it
in the Senate.  Below are just a few examples of how it guts the
Constitution.  From S-735:

   "The President shall prepare and transmit to Congress
    a Report containing a list of the organizations that
    the President has determined engage in, or provide
    support for, terrorism activity."

This clearly gives dictatorial powers to the President making him
Commander-in-Chief of the Thought Police.  With the passage of
S-735, gone are the First Amendment rights of "freedom of speech,
or of the press... and to petition the Government for redress of
grievances."  If we speak out or write (i.e., a letter to the
editor or our elected representative) in opposition to something
the government is doing, then the President may "determine" that
we are terrorists by alleging that we've caused civil unrest and
thereby subject us to the fascist provisions of this law.  With
the passage of S-735, gone is our 7th Amendment right to a
"public trial, by an impartial jury of the State and district
wherein the crime shall have been committed".  The President
becomes Judge and Jury, violating the 6th Amendment and anyone
who wants to challenge or appeal his "determination", must file
such in a District of Columbia court.

LICENSING: If the classification of "terrorist" is not enough to
stop a grass-roots organization, then S-735 imposes licensing and
restricting of the organization's fund raising.  Again, from
S-735:

   "Any person within the United States, or any person
    subject to the jurisdiction of the United States
    anywhere, who seeks to solicit funds for, or transfer
    funds to, any organization or person designated under
    subsection (c) shall, regardless of whether it has an
    agency relationship with the designated organization
    or person, first obtain a license from the Secretary
    and may solicit funds or transfer funds to a
    designated organization or person only as permitted
    under the terms of a license issued by the Secretary."

We all know that grass-roots networking costs money.  If they can
eliminate an organization's funding, they can effectively stop
its networking efforts to, as defined in the 1st Amendment,
"petition the Government for redress of grievances".  If being
classified and publicly listed as a "terrorist organization" or
"revolutionary group" is not damaging enough to an organization's
fund-raising efforts, think about how few people would want to go
on record as contributing money to such.  Remember, the
classification of "terrorist" is imposed at the President's whim.

EXTRA-CONSTITUTIONAL POWERS. Currently, subpoenas are only issued
by a Judge. However, S-735 will change that:

   "In carrying out this section, the Secretary and the
    Attorney General may hold  hearings, sign and issue
    subpoenas, administer oaths, examine witnesses, and
    receive evidence."

This is an un-constitutional  bypass of the judicial process.
S-735 allows federal agents to spy on, including the use of wire
taps (even if there are no grounds for a court order), and
infiltrate any organization to find out if it is engaged in
terrorist or "extremist" activities.  They can also monitor credit
cards, travel, and hotel receipts of people they "suspect" of
being sympathetic to extremist causes without evidence they are
planning criminal acts.  All of this is completely contrary to
the 4th Amendment "right of the people to be secure in their
persons,houses, papers, and effects, against unreasonable searches
and seizures".  In fact, under S-735, such an organization's
assets, papers and membership lists may be seized without due process.

THE RIGHT TO DEFEND ONE'S SELF as defined in the 6th Amendment of
our  Constitution is destroyed by S-735 as it relates to a
defendant's ability to discover the  evidence being used against
him. From S-735:

   "Discovery of classified information by defendants:
    A court, upon a sufficient  showing, may authorize
    the States to delete specified items of classified
    information from documents to be introduced into
    evidence or made available to the defendant through
    discovery under the Federal Rules of Civil
    Procedure, to substitute a  summary of the
    information for such classified documents, or to
    substitute a statement admitting relevant facts
    that the classified information would tend to prove."

With the totalitarian flavor of this bill and the current trend it
represents, what can we expect will constitute "sufficient
showing"?  Beyond the horror of being falsely classified as a
"terrorist" is the horror of not being able to defend one's self.
And beyond one's potential lack of ability to "discover", S-735's
seizure of all funds would prohibit one's ability to pay for or
contribute to a defense.

WHERE IS THIS ALL LEADING?  The above are just a few brief samples
of S-735's MANY violations of our Constitutional rights.  We
should all remember that the atrocities committed by Hitler and
Stalin were "legal" as they passed laws that legalized their
actions.  In fact, S-735 and many other laws (recently passed and
proposed) are frighteningly similar to those passed by Hitler and
Stalin as part of their dictatorial pursuits.  They literally made
"criminals" of people who were unaware that they were committing a
crime - as will S-735.  We cannot, in the name of
"counter-terrorism", let this happen to our country.  When Pearl
Harbor was bombed, it was public opinion that allowed the
Constitutional rights of tens of thousands of Japanese Americans
to be violated.  If S-735 passes, it will not just be a certain
segment of Americans who will lose fundamental rights, it will be
ALL Americans.  S-735  is not an "anti-terrorism" bill, it is a
bill that would create "political criminals" out of ordinary
people who exercise their rights and *duty* to participate in the
governmental process.

SUGGESTED ACTION.  A few days ago, there were well over 100
amendments  pending.  It is safe to say that, not only do we the
people not know,  but that most if not all of the Senators voting
have no idea what the final version of S-735 will contain.  Given
this and the fact that we have sufficient laws on the books which
effectively deal with terrorists, any legitimate portion of S-735
would be redundant.  Most importantly, S-735 is purported to be a
bill which will "prevent" terrorism.

    No law can "prevent" terrorism.

You are urged to call both of your U.S. Senators and tell them to
vote "NO" on S-735.  [phone]  If, by the time you receive
this message the Senate has already passed it,  then call your
U.S. Representative. [phone].  Additionally, you are
strongly urged to provide a copy of this message to your state
senator and representative.  Call them and ask that they call
their elected U.S. legislators on behalf of themselves, their
families and their constituents.

The passage of S-735 could stop messages like the one you are
reading from being written and distributed.  If it to passes, how
then shall we preserve our Constitutional Republic?  What kind of
country will we leaving for our children to inherit? ...certainly
not one that respects God given rights and freedoms.

        "The closed door and the sealed lips are
         prerequisites to tyranny."  --Frank L. Stanton


Dan Druck, Council on Domestic Relations

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