It seems that the ACLU’s temporary success mispresenting the nature of Wednesday’s court decision has led to some heat being directed back at the ACLU. Corrections have been run at several papers, and the ACLU’s misleading description has become a bit of a story itself. How does the ACLU respond? With another press release:
ACLU Blasts Justice Department’s Attempts to Manipulate Truth About Patriot Act Ruling
FOR IMMEDIATE RELEASE
NEW YORK – In what appears to be a concerted campaign to mislead the American public, the Department of Justice and some of its Republican allies in Congress are attempting to minimize the impact of landmark ruling this week against so-called National Security Letters and the provision of the Patriot Act that broadened their use by the FBI.
“The Justice Department should spend less time spinning this landmark decision and more time trying to fix the law,” said Anthony D. Romero, Executive Director of the American Civil Liberties Union, which brought the successful challenge to the Patriot Act provision along with the New York Civil Liberties Union.
At issue is a Sept. 29 ruling by a federal court striking down a provision that gave the FBI virtually unchecked authority to issue “National Security Letters” to obtain sensitive customer records from Internet Service Providers and other businesses without judicial oversight. The Patriot Act dramatically expanded that provision by permitting the FBI to obtain records of people who are not suspected of any wrongdoing.
In an e-mail message sent yesterday to Senate leaders and their staffers, a Senate Republican Policy Committee analyst claimed that news reports that the ruling had invalidated a Patriot Action provision were “false.” The analyst, Steven J. Duffield, said that because the court’s ruling also struck down the underlying 1986 law that the Patriot Act amended, the decision should not be viewed as a blow to the Patriot Act, as reported by many national newspapers.
ACLU Associate Legal Director Ann Beeson called the e-mail message a desperate attempt to insulate supporters of the Patriot Act from criticism. “There is no question that the court struck down a provision of the law that was dramatically expanded by the Patriot Act.”
So wait– there is an alleged campaign to mislead the American people because someone sent an e-mail to Senate leaders and their staffers? Wow. That’s quite a campaign.
More substantively, note how the ACLU has shifted ground from its original position to something rather different. In its original press release, the ACLU claimed that the court had struck down a key provision of the Patriot Act in a rebuke to the Bush Administration. This time around, the ACLU makes no mention of its earlier claim and instead vigorously defends different, more accurate ground — that this was a 1986 law that was expanded by the Patriot Act. This is true. But who has said anything to the contrary? That is, except the ACLU?
I don’t want to be unfair. The ACLU does lots and lots of great work, and the organization has played a vital role in many areas of law. Ann Beeson is a very skilled and highly effective lawyer. But it seems to me that when you get caught trying to play games like this, it doesn’t help your credibility to switch positions and then “blast” your critics for mounting “a concerted campaign to mislead the American public.” I expect better from the ACLU, and I am disappointed by this.
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