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Another view of the Patriot Act
To the Telegraph readers:
After reading your article entitled “Keeping Big Brother
Out of Durango,” in which the Southwest Colorado Peace
and Justice Coalition is outlining a resolution to make La Plata
County a “Patriot Act” free zone, I feel compelled
to write in the hopes of clarifying the true purpose of the
Act and to possibly shed some light on some misconceptions.
First, any resolution determining whether the Patriot Act is
appropriate or excessive is premature since the effects of the
act depend on how the executive branch of government exercises
its broadened authorities. Instead of labeling the act “good”
or “bad” based on its potential for misuse, a more
poised approach looks at how the act balances the need for a
more powerful executive to fight terrorism with congressional
and judicial oversight to protect individual rights.
Second, the SWCPJC assertion that the act was pushed through
without enough political and public debate is, at least in some
respects, flawed. During the passage of the legislation many
of the act’s detractors voiced concern for abuse of the
act. Thus, many of the act’s most sweeping provisions
include a sunset clause, which calls for continued congressional
oversight at the end of five years. Furthermore there is separate
judicial oversight of the executive’s use of the new act.
Also contained within the act is recourse through civil proceedings
via private tort law.
It seems that the SWCPJC is assured that the current administration
is bound to abuse the new power, and furthermore it is currently
happening in Durango. This seems to be based on an uninformed
notion of fear. There is no reason to “assume” that
it is currently taking place, and minus any evidence to the
contrary, why can we not take the administration at its word
that the act is used for battling terrorist cells bent on destroying
the very civil liberties touted so highly by the SWCPJC?
Ultimately the debate over the Patriot Act is just as much
about the delegation of executive authority as it is about civil
liberties. There is no reason to assume (as the SWCPJC does)
that the administration will not exercise its new authorities
with respect for civil liberties. This is tempered with appropriate
congressional and judicial oversight, which, given time, will
show that the Patriot Act is a timely and wise piece of legislation
in a time of national crisis.
For the SWCPJC to assume the nation will degrade into “McCarthyism”
and “Japanese internment” is premature and irrational,
based in a rather illogical view of the current administration.
– Scott Mason, former
Durango
resident and law student, San
Diego
Plundering freedom
Dear Editors:
When government seizes your belongings, called forfeiture,
your property, not you, is charged with the crime. The burden
of proof rests on the property owner instead of the government.
The courts frequently rule that even where the owner wasn’t
aware the property was being used for illegal activities is
no bar to forfeiture. In forfeiture procedure there is no jury,
you do not have the right to a court appointed attorney, and
the outcome lies with the whim of that presiding judge.
Even if a person is acquitted in a criminal court, he or she
usually doesn’t get his or her property back. In 80 percent
of the federal cases where people have property forfeited they
are never even charged with a crime, much less convicted. To
date, there has been $5 billion forfeited in this country. Money
that is forfeited goes to the law enforcement agency making
the seizure. It’s an off-budget source of cash. Credible
studies show that forfeiture is corrupting law enforcement agencies
by encouraging legalized extortion and that drug busts are now
being made on the basis of how much property and money can be
seized. Informants can remain anonymous and get up to 25 percent
of the seizure that’s not reported to the IRS, which means
taxes are lost. Perhaps the motto of some law enforcement agencies
should be changed to “To Seize and Plunder.”
Abuse is rampant. Innocent people are losing property, and
the media has failed to report this. Forfeiture is especially
dangerous to speech and religious freedom. Politically correct
speech laws are inching closer and closer to reality, and the
courts have ruled that RICO statutes can be applied widely.
Once “speech” laws and property forfeiture link
up together, it will be a huge loss to freedom.
– Kim Rogalin
Hesperus
Remembering Bro
Dear Editors:
The death of a pet is an everyday occurrence across the heartland,
a happening to teach a child the notion of tragedy before the
open-casket funeral of a grandparent. But Bro the cat was no
mere pet. He was a roommate, and therefore a eulogy is called
for.
Durango is a town of roommates. In the 10 years that I have
called Durango my home, I have lived in eight different houses
with easily 30 different roommates. I have made best friends;
I have committed sin; I’ve fought, laughed and sang; I’ve
experienced, from suicide attempts to marriage, nearly every
event imaginable in a roommate situation, which leads me to
Bro.
Bro was not found in a newspaper ad or freed from the death
row of the Humane Society. He moved in like all roommates do.
One day as the household sat together on a Sixth Avenue concrete
porch, a cat strolled up the strip of sidewalk between manicured
lawns and joined us. “Hey Bro,” was simply stated
as a greeting. And as his escalating visits continued, like
a mooching stoner who always seems to know when you just bought
a bag, the name stuck.
Like all good, mixed-blood Americans, I believe Bro was part
bobcat, lion and lynx. When we first moved into a house on 19th
Street, Bro was out exploring the newfound wonders when he came
around the corner of an alley shed where our new neighbor was
coming around the other side. Without exaggeration, the neighbor
turned quickly and walked at a fast pace back into the safety
of his home, thinking the entire frightful way that a bobcat
had come down form the hills and was searching for a meal in
his back yard. Bro had a personality that you had to stick up
for, like a friend that gets a little too drunk a little too
often. He was loud, his breath could knock you down, and he
was tough. I once witnessed him pounce onto the back of a fully
grown wolf-dog – claws extended, fangs bared – sending
the mix-breed howling out the door never to enter the house
again. He never did like dogs. There’s an old saying (I
think it’s from a movie or maybe the Civil War) that says,
“He ain’t heavy; he’s my Brother.” When
you have a Brother, whether it is through blood, friendship
or, as luck would have it, a massive beast of a cat named Brother,
you carry each other.
There was only one instance that I had to protect Bro. He was
going to be skinned, his fur to be worn for warmth on winter
nights and his meat to be eaten as a meal when none other could
be found. This was no joke, this was deadly serious. Ol’
Homeless Dave was staying with us for awhile as he contemplated
whiskey, bluegrass and death. Dave isn’t your typical
couch-surfing, trust-funded “homeless” fella. He’s
been stabbed by loss, his tears are real and he lives in Horse
Gulch with only a tent and a bottle for lonely comfort. He loved
Bro and Bro loved him. It was one pretty picture in a hobo’s
album of torn, burnt and neglected images. But when living among
the elements, certain necessities must be made. And one drunken
evening, with the look of a primal hunter in his eyes, Dave
got the notion not only to eat Bro but also to sell the cat’s
thick, healthy hide to his “Indian friends” for
what he assured me would be a hefty price.
Mayhem ensued. A crazed, drunken man with a beard that would
impress Robert E. Lee tore through my house. I stood steadfast;
defending Bro with a banjo, the weight alone could have easily
taken out that man’s fragile teeth. Dave ended up leaving
that evening without his fresh Bro stew or hide to trade at
the rendezvous.
Bro and I were roommates for around five years. It was a roommate
situation that blossomed into a friendship. And like all good
friendships, there are too many toasts to be made, too many
stories to tell. In his last few months I would not say Bro
looked sick or old, he just matured. He had the look of a respectable
old man at a family reunion, quiet and observing, but with a
wise tale to tell to any who would sit and listen. The vet told
us he had total kidney failure, I couldn’t imagine him
failing at anything. The vet told us he was 13, but no one really
knows.
– David Smith,
Durango
Putting politics aside
To the Editors,
No matter how YOU feel about war in Iraq, the fact is that
whatever the outcome, we do and will have troops overseas. We
need to put politics aside for a moment and send some positive
energy to our men and women in uniform. They are there, and
it looks like they will be for a while, war or not. We can’t
turn our backs on these people. We have to let them know that
we care about them regardless of our views as to the wisdom
of our leaders. Anything you can think of to show your support
would be welcomed and appreciated by our military personnel.
A small group of people gathered in Aspen Springs near Pagosa
last Sunday, and we came up with an idea that will be a small
step in this direction. We’re planning a fund-raising
event which will include live music, food and an auction of
donated items with all proceeds to be used to purchase prepaid
phone cards to be randomly distributed to our troops overseas.
This is admittedly a small step, but it is something. So far
we have one band signed up and a venue (Paul’s Place in
Aspen Springs). No date has been set yet, but watch for fliers
and an announcement in this paper.
Last weekend, another group of people set up a stand in a mall
in Albuquerque where people could purchase Girl Scout Cookies
to be sent to the Gulf. This is all good, and we need to do
more 85 what’s your idea? We would like to challenge everyone
in the Four Corners area (or the whole country) to come up with
more ideas to show our troops that they’re not forgotten.
We feel it’s our duty to send something positive into
this negative situation.