November 16, 2001

[recipient address was inserted here]


 [recipient name was inserted here],

 As your constituent, I urge you to ask the President to rescind the 
 executive order allowing the use of military tribunals and the 
 eavesdropping regulation. Further, I urge you and your colleagues to 
 immediately hold hearings to question the Administration's new policies 
 and to assert its oversight authority to protect the Constitution. Please 
 read the entire message, as this isn't simply the ACLU form letter.

 The Administration has failed to show that a jury trial does not meet the 
 needs of prosecuting terrorists. Military tribunals would authorize secret 
 trials without a jury and without the requirement of a unanimous verdict. 
 They would limit a defendant's opportunities to confront the evidence 
 against him and to choose his own lawyer. What's worse, these important 
 protections would be removed in a situation where the defendant could face 
 the death penalty. This executive order must be rescinded to ensure due 
 process rights.

 It is unnecessary for the government to eavesdrop on any conversation at 
 anytime between a detained suspect and his attorney. There is already a 
 long-standing exception to the attorney-client privilege when a judge 
 rules that the communication is aimed at furthering criminal activity. The 
 Bush Administration is seeking to do away with the judiciary's role in 
 protecting due process rights. This new regulation must be revoked.

 The right to a trial by jury, to counsel and to due process of law are 
 expressly guaranteed to every person in the United States by the Bill of 
 Rights. At a time when our resolve as a free and just nation is being 
 tested, I urge you to ask the President to rescind the executive order and 
 eavesdropping regulation. Further, I urge you and your colleagues to 
 immediately hold hearings to question the Administration's new policies 
 and to assert its oversight authority to protect the Constitution.

 If we truly believe in the values represented by our constitution, we 
 should likewise believe that ALL people, U.S. citizens or otherwise, 
 deserve the same protections.  This means that there MUST be no secret 
 trials, no violation of the client-attorney relationship, no torture of 
 suspects (or extradition to countries that allow torture) because WE 
 believe that these things are crucial to a healthy society.

 Don't let anyone misdirect you.  It isn't about the U.S. vs. Bin Laden (or 
 Afghanistan or the Taliban).  It's about a conflict of values among human 
 beings, regardless of nationality or race.  And if we give up on our own 
 values to fight against terrorism... we've given up what we are supposedly 
 fighting for.

 I look forward to hearing your thoughts on these important matters.


 Sincerely,


 Tim Oertel