Unconstitutional: The War on Our Civil Liberties

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Unconstitutional:
The War on Our Civil Liberties
Directed by Nonny de la Peña
Written byNonny de la Peña
Produced byNonny de la Peña
Robert Greenwald (Executive Producer)
Earl Katz (Executive Producer)
Narrated by James Hanes
Cinematography Bestor Cram
Jennifer Lane
Edited by Joe Bini
Greg Byers
Music by Michael Brook
Distributed by Public Interest Pictures
Release date
  • October 5, 2004 (2004-10-05)
Running time
66 minutes
CountryUnited States
LanguageEnglish

Unconstitutional: The War on Our Civil Liberties is an American 2004 political documentary about the legal problems with the PATRIOT Act. [1] It posits that the law, hastily passed in the wake of the 9/11 attacks, [2] is used to justify a variety of abuses of civil rights that are guaranteed by the US Constitution. [3]

Contents

This third and final film in the Un-trilogy from Executive Producer Robert Greenwald [4] and Earl Katz, is a Public Interest Pictures Film. Unconstitutional was written, produced and directed by Nonny de la Peña. [5]

Synopsis

A few weeks after the September 11 attacks in 2001, the United States Congress passed a complicated and controversial [3] law purportedly designed to help with tracking future terrorist threats. [6] Unconstitutional's purpose is to explain the USA PATRIOT Act to its viewers and expose its alleged failings. [7]

Primary among these is the way in which post-9/11 law enforcement detained Muslims and others with Arabic names for unspecified lengths of time without due process or criminal charges. [7] As examples of this, Unconstitutional presents the stories of Safouh Mamoui, a Syrian living in Seattle, who was arrested without charges and imprisoned for ten months after the FBI cleared him of suspicion; [5] [7] Jose Padilla, a US citizen and Muslim convert, who was arrested as a “material witness” in the 9-11 attacks, and later designated an “enemy combatant” so he could be kept behind bars by the military in the absence of evidence or charges; [7] and Aquil Adbullah, an American Catholic Olympic athlete who was put on the no-fly list as a result of his Arabic name. [3] The film claims at least 1000 lesser-known people have been similarly abused. [5] It also addresses the situation of prisoners in Guantanamo Bay [3] and Abu Ghraib. [7]

De la Pena also looks into other PATRIOT Act violations of civil liberties. Among these are government access to any citizen’s library records or email and FBI “sneak and peek” search and seizure of private property. [7]

Unconstitutional suggests that American citizens might find themselves affected by the PATRIOT Act, even without any connection to terrorist activity. [7] [6] Law professor David Cole also points out that “when we treat others like this in the name of fighting a war... others fighting us can treat our soldiers like this.” [4]

The film makes its arguments through civil liberties advocates, Republican lawmakers, [7] Democratic politicians, bi-partisan lawyers, [6] and some of the individuals who have been impacted by this law.

Reception

Though Unconstitutional presents information from both conservative and progressive interviewees, it has generally been characterized as possessing a left-leaning viewpoint. [7] [2] The film was a Washington Post “Editor’s Pick.” [8] More sympathetic reviewers call it a “66-minute incitement to anger” [6] that “sheds light on discrimination.” [7]

Participants

Related Research Articles

<span class="mw-page-title-main">Patriot Act</span> 2001 United States anti-terrorism law

The USA PATRIOT Act was a landmark Act of the United States Congress, signed into law by President George W. Bush. The formal name of the statute is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001, and the commonly used short name is a contrived acronym that is embedded in the name set forth in the statute.

<span class="mw-page-title-main">Unlawful combatant</span> Person who engages in armed conflict in violation of the laws of war

An unlawful combatant, illegal combatant or unprivileged combatant/belligerent is a person who directly engages in armed conflict in violation of the laws of war and therefore is claimed not to be protected by the Geneva Conventions. The International Committee of the Red Cross points out that the terms "unlawful combatant", "illegal combatant" or "unprivileged combatant/belligerent" are not defined in any international agreements. While the concept of an unlawful combatant is included in the Third Geneva Convention, the phrase itself does not appear in the document. Article 4 of the Third Geneva Convention does describe categories under which a person may be entitled to prisoner of war status. There are other international treaties that deny lawful combatant status for mercenaries and children.

Rasul v. Bush, 542 U.S. 466 (2004), was a landmark decision of the United States Supreme Court in which the Court held that foreign nationals held in the Guantanamo Bay detention camp could petition federal courts for writs of habeas corpus to review the legality of their detention. The Court's 6–3 judgment on June 28, 2004, reversed a D.C. Circuit decision which had held that the judiciary has no jurisdiction to hear any petitions from foreign nationals held in Guantanamo Bay.

<span class="mw-page-title-main">Mohammed al-Qahtani</span> Saudi Arabian Guantanamo detainee

Mohammed Mani Ahmad al-Qahtani is a Saudi citizen who was detained as an al-Qaeda operative for 20 years in the United States's Guantanamo Bay detention camps in Cuba. Qahtani allegedly tried to enter the United States to take part in the September 11 attacks as the 20th hijacker and was due to be onboard United Airlines Flight 93 along with the four other hijackers. He was refused entry due to suspicions that he was trying to illegally immigrate. He was later captured in Afghanistan in the Battle of Tora Bora in December 2001.

<span class="mw-page-title-main">Yaser Esam Hamdi</span> Suspected Taliban member who got captured

Yaser Esam Hamdi is a former American citizen who was captured in Afghanistan in 2001. The United States government claims that he was fighting with the Taliban against U.S. and Afghan Northern Alliance forces. He was declared an "illegal enemy combatant" by the Bush administration and detained for almost three years without charge. On October 9, 2004, on the condition that he renounce his U.S. citizenship and commit to travel prohibitions and other conditions, the government released him and deported him to Saudi Arabia, where he had been raised.

<span class="mw-page-title-main">Moazzam Begg</span> British Pakistani formerly held in Guantanamo Bay

Moazzam Begg is a British Pakistani who was held in extrajudicial detention by the US government in the Bagram Theater Internment Facility and the Guantanamo Bay detainment camp, in Cuba, for nearly three years. Seized by Pakistani intelligence at his home in Pakistan in February 2002, he was transferred to the custody of US Army officers, who held him in the detention centre at Bagram, Afghanistan, before transferring him to Guantanamo Bay, where he was held until January 2005.

<span class="mw-page-title-main">Michael Ratner</span> American lawyer (1943–2016)

Michael Ratner was an American attorney. For much of his career, he was president of the Center for Constitutional Rights (CCR), a non-profit human rights litigation organization based in New York City, and president of the European Center for Constitutional and Human Rights (ECCHR) based in Berlin.

The American-Arab Anti-Discrimination Committee (ADC) states that it is "the largest Arab American grassroots civil rights organization in the United States." According to its webpage, it is open to people of all backgrounds, faiths and ethnicities and has a national network of chapters and members in all 50 states. It claims that three million Americans trace their roots to an Arab country.

<span class="mw-page-title-main">Anthony D. Romero</span> American activist

Anthony D. Romero is an American lawyer who serves as the executive director of the American Civil Liberties Union. He assumed the position in 2001 as the first Latino and openly gay man to do so.

Michael Dante Mori, also known as Dan Mori, is an American lawyer who attained the rank of lieutenant colonel in the United States Marine Corps. Mori was the military lawyer for Australian Guantanamo Bay detainee David Hicks.

<span class="mw-page-title-main">Center for Constitutional Rights</span> US nonprofit legal advocacy organization

The Center for Constitutional Rights is an American progressive non-profit legal advocacy organization based in New York City. It was founded in 1966 by lawyers William Kunstler, Arthur Kinoy, Morty Stavis and Ben Smith, particularly to support activists in the implementation of civil rights legislation and to pursue social justice causes.

<span class="mw-page-title-main">Guantanamo Bay detention camp</span> United States military prison in southeastern Cuba

The Guantanamo Bay detention camp, also known as GTMO, GITMO, or just Guantanamo Bay, is a United States military prison within Naval Station Guantanamo Bay (NSGB), on the coast of Guantánamo Bay, Cuba. It was established in January 2002 by U.S. President George W. Bush to hold terrorism suspects and "illegal enemy combatants" during the Global War on Terrorism following the attacks of September 11, 2001. As of August 2024, at least 780 persons from 48 countries have been detained at the camp since its creation, of whom 740 had been transferred elsewhere, 9 died in custody, and 30 remain; only 16 detainees have ever been charged by the U.S. with criminal offenses.

<span class="mw-page-title-main">Military Commissions Act of 2006</span> Former United States law

The Military Commissions Act of 2006, also known as HR-6166, was an Act of Congress signed by President George W. Bush on October 17, 2006. The Act's stated purpose was "to authorize trial by military commission for violations of the law of war, and for other purposes".

The Constitution Project is a non-profit think tank in the United States whose goal is to build bipartisan consensus on significant constitutional and legal questions. Its founder and president is Virginia Sloan. The Constitution Project’s work is divided between two programs: the Rule of Law Program and the Criminal Justice Program. Each program houses bipartisan committees focused on specific constitutional issues.

<i>Taking Liberties</i> (film) 2007 British documentary film

Taking Liberties is a British documentary film about the erosion of civil liberties in the United Kingdom and increase of surveillance under the government of Tony Blair. It was released in the UK on 8 June 2007.

<span class="mw-page-title-main">History of the Patriot Act</span>

The history of the USA PATRIOT Act involved many parties who opposed and supported the Patriot Act, which was proposed, enacted and signed into law 45 days after the September 11 terrorist attacks in 2001. The legislation, though approved by large majorities in the U.S. Senate and House of Representative, was controversial, and parts of the law were invalidated or modified by successful legal challenges over constitutional infringements to civil liberties. The Act had several sunset provisions, most reauthorized by the USA PATRIOT Improvement and Reauthorization Act of 2005 and the USA PATRIOT Act Additional Reauthorizing Amendments Act. Both reauthorizations incorporated amendments to the original USA PATRIOT Act, and other federal laws.

In United States law, providing material support for terrorism is a crime prohibited by the USA PATRIOT Act and codified in title 18 of the United States Code, sections 2339A and 2339B. It applies primarily to groups designated as terrorists by the State Department. The four types of support described are "training," "expert advice or assistance," "service," and "personnel."

<span class="mw-page-title-main">Jameel Jaffer</span> Civil rights lawyer

Jameel Jaffer is a Canadian human rights and civil liberties attorney and the inaugural director of the Knight First Amendment Institute at Columbia University, which was created to defend the freedoms of speech and the press in the digital age. The Institute engages in "strategic litigation, research, and public education." Among the Knight Institute's first lawsuits was a successful constitutional challenge to President Trump's practice of blocking critics from his Twitter account.

<span class="mw-page-title-main">Andy Worthington</span> British historian

Andy Worthington is a British historian, investigative journalist, and film director. He has published three books, two on Stonehenge and one on the war on terror, been published in numerous publications and directed documentary films. Articles by Worthington have been published in The New York Times, The Guardian, The Huffington Post, AlterNet, ZNet, the Future of Freedom Foundation and Amnesty International, and Qatar-based Al Jazeera. He has appeared on television with Iran-based Press TV In 2008, he began writing articles for Cageprisoners, and became its Senior Researcher in June 2010.

Defending Rights & Dissent (DRAD) is a national not-for-profit advocacy organization in the United States, dedicated to defending civil liberties, exposing government repression, and protecting the right of political dissent. DRAD was formed as the merger of the Defending Dissent Foundation (DDF) and the Bill of Rights Defense Committee (BORDC). DRAD is currently active in defending the right to protest, opposing political surveillance, and campaigning against the prosecution of national security whistleblowers.

References

  1. "Unconstitutional: the War on Our Civil Liberties". Fandango. 2004.
  2. 1 2 DelVecchio, Rick (15 October 2004). "Berkeley: Film Festival has a political bent, featuring final part in trilogy about Bush". The San Francisco Chronicle.
  3. 1 2 3 4 Krust, Kevin (8 October 2004). "3 documentaries lambast Bush team". The Los Angeles Times.
  4. 1 2 Akrum, Nora (15 October 2004). "Cinematic Convergence: The 11th Annual Austin Film Festival". The Austin Chronicle.
  5. 1 2 3 Martel, Ned (1 October 2004). "Attempts to Sort Out and Make Sense of History". The New York Times.
  6. 1 2 3 4 Jane, Ian (26 October 2004). "Unconstitutional- The War on Civil Liberties". DVD Talk.
  7. 1 2 3 4 5 6 7 8 9 10 Devine, Dan (24 November 2004). "Unconstitutional: The War on Our Civil Liberties". PopMatters.
  8. "Unconstitutional: The War on Our Civil Liberties". The Washington Post. Archived from the original on 2016-03-04.