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Politics : America Under Siege: The End of Innocence -- Ignore unavailable to you. Want to Upgrade?


To: BigBull who wrote (14441)3/26/2002 9:17:11 PM
From: Captain Jack  Read Replies (1) | Respond to of 27734
 
And the Assholes Claim Liberal Uunity (ACLU) does all possible to kill more..
JERSEY CITY, N.J., March 26 (Reuters) - In a setback for
the government, a superior court judge ruled on Tuesday
information on people held in two New Jersey jails after the
Sept. 11 attacks must be disclosed, including their names and
the reasons why they were detained.
The ruling by Hudson County Superior Court Judge Arthur
D'Italia resolved a lawsuit brought in January by the New
Jersey chapter of the American Civil Liberties Union against
Hudson and Passaic counties.
The suit followed jail officials' rejection of the ACLU's
request for information on detainees rounded up after the
hijacked airliner attacks on New York and Washington, hundreds
of whom are in custody in the counties' jails. The U.S. Justice
Department joined the counties as the lead defense.
The federal government will file an appeal within a 45-day
deadline, Justice Department spokesman Charles Miller told
Reuters.
According to the ACLU, the largest number of detainees held
in the post-Sept. 11 sweep are in New Jersey and are held in
the north-east counties of Passaic and Hudson, which includes
densely populated and ethnically diverse Jersey City, directly
across the Hudson River from Manhatten.
The Immigration and Naturalization Service has contracts
with the Hudson and Passaic county jails.
The ACLU sought information in order to offer detainees
free legal counsel, said ACLU New Jersey Executive Director
Deborah Jacobs. Their names, dates detained and reasons for
detention have been kept secret under Immigration and
Naturalization Service orders, she said, and many have been
denied access to phones, leaving them no way to contact
attorneys.

"THE RIGHT RULING"
"It's the right ruling," Jacobs said immediately after the
judge's decision. "It will enable us to reach out and provide
assistance to those who need it." Believed to be the first such
ruling in the country, Jacobs said, "It has huge implications"
for all detainees held in U.S. jails.
Carol Federighi, lead Justice Department attorney, had no
comment.
The Justice Department said in its most recent statement on
Feb. 15 there were 327 individuals detained on immigration
violations nationwide or being investigated for "possible
terrorist connections."
That figure did not include detainees being held under
sealed indictments or as material witnesses -- a number the
Justice Department will not divulge. Nor does it factor in
those seeking asylum.
Attorney General John Ashcroft has refused to release the
names of immigration detainees, saying the information would be
"too sensitive for public scrutiny." He has also said the
department's efforts to combat terrorism were carefully crafted
to avoid infringing constitutional rights while saving American
lives.
D'Italia rejected government arguments, based on privacy
rights, that disclosing detainees' information could result in
their being harassed, stigmatized or physically harmed and
possibly chill their cooperation with the investigation.
"Nothing is easier for the government to assert than that
the disclosure of the arrest of X would jeopardize
investigation Y," D'Italia wrote in the opinion. "The INS
inmates have no more expectation of privacy than do other
inmates."
The ACLU has also filed a federal lawsuit under the Freedom
of Information Act seeking similar information on detainees
nationwide. Another lawsuit filed in the New Jersey federal
courts in Newark challenges the government's right to hold
detainees' court hearings in secret.
((New York newsroom, +1 646 223 6280))
REUTERS
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