Omnibus Counterterrorism Bill S. 390 and H.R. 896 New FBI Charter to Investigate Political Groups February 10, 1995 the Omnibus Counterterrorism Bill was introduced as S. 390 into the Senate and as H.R. 896 in the House. It was initiated by the FBI, and passed on by the Justice Department and the White House. Senators Biden (D-DE) and Specter (R- PA) initiated it in the Senate, Rep. Schumer (D-NY) and Dicks (D-WA) in the House. It has bipartisan support and could get expedited action. SUMMARY * THIS IS A GENERAL CHARTER FOR THE FBI AND OTHER AGENCIES, INCLUDING THE MILITARY, TO INVESTIGATE POLITICAL GROUPS AND CAUSES AT WILL. The bill is a wide-ranging federalization of different kinds of actions applying to both citizens and non-citizens. The range includes acts of violence (attempts, threats and conspiracies) as well as giving funds for humanitarian, legal activity. * It would allow up to 10 year sentences for citizens and deportation for permanent resident non-citizens for the "crime" of supporting the lawful activities of an organization the President declares to be "terrorist", as the African National Congress, FMLN in El Salvador, IRA in Northern Ireland, and PLO have been labelled. It broadens the definition of terrorism. The President's determination of who is a terrorist is unappealable, and specifically can include groups regardless of any legitimate activity they might pursue. * It authorizes secret trials for immigrants who are not charged with a crime but rather who are accused of supporting lawful activity by organizations which have also been accused of committing illegal acts. Immigrants could be deported: 1) using evidence they or their lawyers would never see, 2) in secret proceedings 3) with one sided appeals 4) using illegally obtained evidence. * It suspends posse comitatus - allowing the use of the military to aid the police regardless of other laws. * It reverses the presumption of innocence - the accused is presumed ineligible for bail and can be detained until trial. * It loosens the rules for wiretaps. It would prohibit probation as a punishment under the act - even for minor nonviolent offenses. IMPLICATIONS * Those who remember the McCarran Walter Act will recognize this bill, only in some ways this is broader and potentially more dangerous * This bill is highly political: the President can determine who is a terrorist and change his/her mind at will and even for economic reasons. The breadth of its coverage would make it impossible for the government to prosecute all assistance to groups around the world that have made or threatened to commit violent acts of any sort. Necessarily its choices would be targeted at organizations the government found currently offensive. People to be deported would be chosen specifically because of their political associations and beliefs. * The new federal crime: international terrorism doesn't cover anything that is not already a crime. As the Center for National Security Studies notes: "Since the new offense does not cover anything that is not already a crime, the main purpose of the proposal seems to be to avoid certain constitutional and statutory protections that would otherwise apply." * While many provisions of this bill could well be found unconstitutional after years of litigation, in the mean time the damage could be enormous to the First Amendment and other constitutional rights including presumption of innocence and right to bail. THE BILL HAS BEEN REFERRED TO JUDICIARY COMMITTEES OF EACH HOUSE. ONLY THE NEW YORK TIMES HAS AS YET NOTICED THE BILL - A 2/24/95 ANTHONY LEWIS COLUMN. OTHER PAPERS SHOULD BE ALERTED. FOR MORE INFORMATION: Kit Gage, Washington Liaison, National Lawyers Guild 3321-12th St., NE, Washington DC 20017 202-529-4225, fax 202-526-4611, e-mail: kgage@igc.apc.org