The National Lawyers Guild, NYC Chapter, and the
Center for Constitutional Rights present

Rights On the Line: Consequences and Implications of the USA Patriot Act and Other Anti-Terrorism Laws

A full-day CLE Program
Saturday January 26, 2002
New York Law School
47 Worth Street, New York, NY


Co-Sponsors
:
NLG Post 9-11 Project
 The Legal Aid Society of New York
NYLS Justice Action Center

 

PROGRAM

9:00-9:15 Opening Remarks

DANA BIBERMAN, Program Chair; President, NYC Chapter of the National Lawyers Guild

9:15-9:30 Welcoming Remarks

Ron Daniels, Executive Director, Center for Constitutional Rights

9:30-10:30 Overview of the USA PATRIOT Act of 2001 and other Anti-Terrorism Measures

• -Overview of the PATRIOT Act and its First Amendment implications

• "Voluntary" questioning of non-citizens and ethnic profiling

Nancy Chang, Senior Litigation Attorney, Center for Constitutional Rights

• -Military tribunals: domestic and international law issues—including ethics of representing an individual in a military tribunal

• Attorney-client eavesdropping

Michael Ratner, Vice-President, Center for Constitutional Rights; past president, NLG

New York State’s New Anti-Terrorism Legislation

• The scope of the law: who it reaches and what types of activities are covered

• The implications for death penalty cases

• Changes in defendants’ protections, including elimination of double jeopardy and exceptions to the exclusionary rule.

-Russell Neufeld, Attorney in Charge of the Capital Division, Legal Aid Society of New York

10:30-11:15 Grand Jury Procedure and Ethical Issues in Grand Jury Practice

• An overview of the grand jury process, from subpoena to contempt

• Perjury and false statements

• Material witness warrants

• The ethical issues involved including:

– representing the recalcitrant witness

– conflict of interest considerations

– multiple representation

Margaret Ratner Kunstler, William Moses Kunstler Fund for Racial Justice

11:15-11:30 BREAK

 

11:30-12:15 Substantive Rights Of Grand Jury Witnesses and Possible Legal Challenges to Subpoenas

• -Fourth Amendment issues: relevance, subpoenas duces tecum, exemplars, raising a grand jury challenge to electronic surveillance

• -Fifth Amendment issues: what is "incriminating," procedure for asserting waiver, business and association records, scope of protection

• Immunity: procedural issues and scope of protection

• -First Amendment issues: membership lists, investigations into associations, limits to permissible inquiry

• -Other evidentiary privileges that may be asserted by a witness, other challenges to a subpoena; grand jury abuse

• Grand jury secrecy

Robert Boyle, CCR Cooperating Attorney; member, Executive Committee of NYC NLG chapter

12:15-1:00 The New Government Surveillance Powers

• Expansion of the "pen register" authority to Internet communications

• Amendments to the Foreign Intelligence Surveillance Act (FISA)

• Secret "delayed notification" physical searches

• -Increased sharing of investigative information between law enforcement and intelligence agencies

• New governmental investigative techniques like "Carnivore"

-David Sobel, General Counsel, Electronic Privacy Information Center (EPIC)

1:00-2:00 LUNCH

2:00-3:30 Special Considerations for Representing Non-Citizens

• -Review of post-9-11 developments in immigration law, including Title IV of USA PATRIOT Act and new INS rules and procedures

• Grounds for inadmissibility, removability, discretionary relief from removal and detention

• Procedural issues relating to removal

• How to obtain the release on bond of a non-citizen in custody

• Whether to contest removal or seek voluntary departure

• Access to counsel issues

• FBI role in immigration proceedings post-9-11

• Secret hearings and secret evidence

-Claudia Slovinsky, Member, NLG National Immigration Project

Manuel Vargas, Director, Immigrant Defense Project, NYS Defender Association

3:30-3:45 BREAK

3:45-5:00 Panel Discussion: The Changed Legal Landscape Since September 11

• -Discussion among faculty members on the breadth of changes since September 11, the effect on our work and implications for our clients, including issues relating to economic embargoes and freezing of assets.

• -Question and Answer period with all faculty

The panel: members will be all of the faculty and Jane Bai, Executive Director, CAAAV Organizing Asian Communities

William Goodman, Moderator, Legal Director, Center for Constitutional Rights

 

Transportation to New York Law School

NYLS (47 Worth Street) is between Church St. and West Broadway.

-Take subways 1&9 to Franklin Street; 1, 2, 3 to Chambers Street; A,C,E to Chambers Street; R, N to City Hall.

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Registration Form

 

Name ________________________________________________

 

Address _______________________________________________

City __________________________________________________

State_________ Zip_________________

Phone __________________________________

 

Fax ____________________________________

Email ___________________________________

Space guaranteed only if pre-registered. Payment must accompany registration. Cancellations are not accepted, however, if you cannot attend you may either send a substitute (requires written authorization from you) or receive the materials and video instead.

Conference fee (includes continental breakfast and lunch)

______NLG members and CCR cooperating attorneys: $149

______Non-Members: $225

Discounts available for legal aid, legal services and other public interest attorneys.

Materials (guaranteed only with advance purchase)

______Print materials: $75

______Print and video: $125

______Video: $75

 

METHOD OF PAYMENT

Check (for mail registrations; please include total enclosed amount $_________________)

Credit Card Payment: ______ Visa ______ Mastercard Total $_________________

ACCOUNT NUMBER _ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __ __

EXP. DATE: __ __ /__ __/ __ __

Signature ___________________________________________________________

 

Mail or fax to the NYC Chapter office at:
NATIONAL LAWYERS GUILD – NYC CHAPTER
126 University Place, Fifth Floor • New York, NY 10003-4538

Fax: (212) 677-7017

Registration information is available on line at www.nlg.org/post911 <http://www.nlg.org/post911>

For additional information about the program or about joining the National Lawyers Guild, NYC Chapter, please call (212) 255-4181 or email nyc@nlg.org.

We are committed to not excluding people for inability to pay. Financial hardship applications are available (Scholarships and fee waivers awarded by advance application only).


Sponsors

The Center for Constitutional Rights (CCR) is a non-profit legal and educational organization dedicated to protecting and advancing the rights guaranteed by the U.S. Constitution and the Universal Declaration of Human Rights. CCR’s work began in 1966 with legal representation of civil rights activists in the Jim Crow South. Over the last four decades, CCR has played an important role in defending and advancing movements for peace and social justice. CCR uses litigation proactively to take the law in a positive direction to combat government efforts to suppress political dissent, to empower poor communities and communities of color, to guarantee the rights of those with the fewest protections and least access to legal resources, to train the next generation of constitutional and human rights attorneys, and to strengthen the broader movement for constitutional and human rights. As our nation formulates a response to the terrorist attacks on September 11, CCR remains true to its vision, values and principles, vigorously promoting civil rights and human rights, social justice and social change and the expansion of political and economic democracy as the best prescription for creating a just, humane, peaceful and secure nation and world.

The National Lawyers Guild (NLG) is an association of progressive lawyers, legal workers, law students and jailhouse lawyers dedicated to the principle that human rights are more sacred than property interests. Founded in 1937 as the first racially integrated national bar association, the Guild’s membership now consists of approximately 6,000 legal professionals working to use the law as a vehicle for societal betterment. The Guild has active chapters in cities across the country. For over 65 years, the Guild has been in the forefront in providing legal assistance for those struggling for racial justice and economic and gender equality. We currently have national programs focused on such issues as police misconduct and brutality, immigration, and international human rights. The NLG Post 9-11 Project is a national project founded to coordinate the Guild's response to the aftermath of September 11, 2001.

Faculty

Jane Sung-ee Bai is Executive Director of CAAAV Organizing Asian Communities and the lead organizer for its anti-state violence organizing. CAAAV is a poor and low-income Asian immigrant community-based organization which fights against poverty, gentrification and displacement, worker exploitation, and other forms of institutional racism and the criminalization of immigrants of color. For the past 15 years, CAAAV has also advocated for over 200 no/low-wage Asian immigrants against police violence, INS detention and deportation, and other forms of racist violence. CAAAV is a member of Third World Within, a city-wide network of grassroots organizations run by, for, and about people of color.

Dana Biberman is the President of the New York City Chapter of the National Lawyers Guild. She joined the Guild in 1971 as a legal worker and member of the national office staff. As an attorney, she has worked in the public sector for 12 years and taught at New York Law School for six years. She has been a political activist in New York City for over 30 years, and was a plaintiff in several lawsuits aimed at exposing COINTELPRO. She holds a B.A. from Barnard College and a J.D. from New York Law School.

Robert J. Boyle has been a criminal and constitutional law litigator in New York City for over 20 years. Author of the Third Edition of Representation of Witnesses Before Federal Grand Juries, published by Clark Boardman Callaghan (now West). Former Staff Attorney of the Grand Jury Project, Inc. Mr. Boyle has represented numerous witnesses before federal grand juries, lectured on grand jury issues and prepared testimony for Congress on proposed grand jury reforms.

Nancy Chang is Senior Litigation Attorney at the Center for Constitutional Rights. She litigated the leading cases in which immigrants were detained based upon "secret evidence" and secured their release. She serves on the Board of the National Coalition to Protect Political Freedom and as a member of the Coalition’s Legal Committee. She also serves on the Executive Committee of the Association of the Bar of the City of New York. She co-authored a shadow report to the United Nations on racial discrimination. She is the author of a recent article "The USA PATRIOT Act: What’s So Patriotic About Trampling on the Bill of Rights?," and a pamphlet on how the USA PATRIOT ACT silences political dissent. She is currently preparing a revision of the CCR publication, "If an Agent Knocks."

Ron Daniels is Executive Director of the Center for Constitutional Rights. He holds a B.A. in History from Youngstown State University, an M.A. in Political Science from the Rockefeller School of Public Affairs in Albany, New York and a Ph.D. from the Union Institute. He is recognized as an expert on public policy issues affecting national and international rights. He appears frequently on television and radio and his weekly column, Vantage Point, is reprinted in more than one hundred African American and progressive newspapers nationwide.

William H. Goodman is the Legal Director for the Center for Constitutional Rights. During his 33 years in private practice, he actively represented the Detroit Chapter of the NAACP and the civil rights movement, the anti-war movement, the Attica Brothers Legal Defense, the UFW grape and lettuce boycott, Greenpeace and the environmental movement, the anti-nuclear movement and the Detroit Newspaper strike support movement. He has been National President of the National Lawyers Guild and President of the NLG Detroit Chapter. He has published several articles addressing important issues in civil and constitutional rights.

Margaret Ratner Kunstler serves as the president of the William Moses Kunstler Fund for Racial Justice in addition to her private law practice. In 1968, as a law student at Columbia, she assisted Mary Kaufman to found the NLG Mass Defense Office. Ms. Kunstler took on major responsibility for the Attica Defense discovery motions, and later was co-counsel on Indictment #1. In the 70s and early 80s, at first with the Grand Jury Project and then with the Center for Constitutional Rights, she represented countless organizations and individuals who were targets of FBI surveillance and governmental assault. She edited The Representation of Witnesses before Federal Grand Juries and, as education director for the CCR, authored many self-help pamphlets, including, "If an Agent Knocks," and "Radical Re-entry."

Russell Neufeld is the Attorney-In-Charge of the Capital Division of the Legal Aid Society in New York City and an adjunct professor at New York Law School. He speaks and writes frequently about the death penalty and other human rights issues. A graduate of Goddard College and Brooklyn Law School, Mr. Neufeld has taught at Goddard, Harvard and Brooklyn Law School.

Michael Ratner is an attorney who works with and is the vice-president of the Center for Constitutional Rights. He is a lecturer in law at Columbia Law School where he teaches international human rights litigation and was previously the Skelly Wright Fellow at Yale Law School. He has also been Special Counsel to President Bertrande Aristide; Instructor, Yale Law School, International Human Rights Law Clinic; Legal Director, Center for Constitutional Rights; and President, National Lawyers Guild . He has co-authored three books on international human rights issues and has been honored for his efforts fighting human rights abusers.

Claudia Slovinsky has been an immigration and nationality attorney for over 20 years, representing asylum applicants, immigrants in political cases, and non-profit institutions and corporations. She is a co-operating attorney to several labor unions, the Center for Constitutional Rights, is on the board of the American Friends Service Committee Immigrant Rights Program, and is a member of the American Immigration Lawyers Association and the National Immigration Project of the National Lawyers Guild.

David Sobel is General Counsel of the Electronic Privacy Information Center in Washington, DC, a non-profit research organization that examines the privacy implications of computer networks, the Internet and other communications media. He has litigated numerous cases under the Freedom of Information Act seeking the disclosure of government documents on privacy policy, including encryption controls and electronic surveillance (mostly recently the FBI’s Carnivore system). He was co-counsel in Reno v. ACLU, the successful constitutional challenge to the Communications Decency Act decided by the U.S. Supreme Court in 1997, and has participated in other significant cases involving privacy and free expression on the Internet. Mr. Sobel has a longstanding interest in privacy, civil liberties, national security and information access issues and has written and spoken on these issues frequently since 1981.

Manuel Vargas is the Director of the Immigrant Defense Project of the New York State Defenders Association (1997-present). He is the author of Representing Noncitizen Criminal Defendants in New York State (1st ed. 1998; 2nd ed. 2000), and provides criminal/immigration law training and support to criminal defense lawyers who represent immigrants, to immigrant advocates, and to immigrants themselves. He spent the eight years prior to joining the Immigrant Defense Project representing immigrants in deportation proceedings as a staff and supervising attorney of the Immigration Unit of the Legal Aid Society of the City of New York.

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Why you should attend this program

• -Learn how the USA PATRIOT ACT and other "anti-terrorism" legislation will affect everyday client representation

• --Understand how the legislation relates to constitutional rights under the First Amendment, Fourth Amendment, Sixth Amendment and other provisions

• -Gain knowledge that you will need if your client receives a subpoena to appear before the grand jury or is detained on a material witness warrant

• -Learn about reduced rights to privacy arising from enhanced ability to track email and internet usage, sneak and peak searches and increased access to personal and financial records

• -Receive the latest information on the operation of military tribunals

• -Understand key issues involved in representing non-citizens in INS and criminal detention

• -Explore important ethical issues involved in representation of clients under the "anti-terrorism" legislation

• -Share experiences with other practitioners and community leaders concerning their work under the post 9-11 laws and conditions

Who should attend this program?

• -Criminal defense lawyers who may need to advise clients on responding to FBI inquiries or grand jury subpoenas

• -Advocates who work with immigrant communities affected by the new legislation

• -Attorneys who represent advocacy and community organizations

• -Immigration, civil rights and civil liberties practitioners

• -Attorneys who want to understand the new anti-terrorism legislation; the use of military tribunals; the new surveillance powers and the changing legal landscape

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