00:59:45 GRAPHIC LEADER:
Give Me Liberty Productions
Unconstitutional
Master trt: 1:06:52
August 6, 2004

00:59:55 BLACK

01:00:00 OPENING CREDITS
BLURRED COLORED LIGHTS.
MUSIC BEGINS.
GRAPHIC WHITE TEXT: FADES IN:
Unconstitutional:
The War On Our Civil Liberties

DISSOLVE TO:
01:00.09 OPENING CREDITS: ARCHIVE FOOTAGE:
ARCHIVE FOOTAGE OF HELICOPTER FLYING NEAR THE WHITE HOUSE.

01:00:17 OPENING CREDITS: ARCHIVE FOOTAGE:
AUDIO: POLICE SIREN
ARCHIVE FOOTAGE OF POLICE CAR SPEEDING THROUGH STREETS. TILT UP TOP REVEAL WORLD TRADE CENTER BUILDING BURNING.
GRAPHIC WHITE TEXT OVER IMAGE:
Robert Greenwald presents
TEXT DISSOLVE TO:
a Public Interest Picture production

IMAGE OF WORLD TRADE CENTER BUILDING BURNING BECOMES SLOW MOTION.


01:00:23 OPENING CREDITS: ARCHIVE FOOTAGE
FOOTAGE: BUILDINGS COVERED BY SMOKE.
TEXT OVER IMAGE:
in association with Pyedog Productions

01:00:26 OPENING CREDITS: ARCHIVE FOOTAGE
FIREMEN SIFTING THROUGH RUBBLE ZOOM OUT TO REVEAL THE EXTENT OF THE DEVASTATION.
WHITE TEXT OVER IMAGE:
written, produced, and directed by Nonny de la Peña

01:00:32 ARCHIVE FOOTAGE:
TIGHTER SHOT OF FIREMEN SIFTING THROUGH RUBBLE.

01:00:33 NARRATOR
America was in shock.

01:00:37 ARCHIVE FOOTAGE:
HELICOPTER SHOT FROM ABOVE OF THE WORLD TRADE CENTER BUILDINGS BURNING.
NARRATOR CONTINUES:
As we sifted through the rubble in the week’s that followed 9/11,
[01:00:40 DISSOLVE TO: MEN DRESSED IN PROTECTIVE GEAR SPRAYING EACH OTHER]
the country was terrified that another attack could occur at any moment
[01:00:44 TIGHTER SHOT OF MEN DRESSED IN PROTECTIVE GEAR SPRAYING EACH OTHER.]
from any quarter.

01:00:44 ARCHIVE FOOTAGE:
MEN CORDONING OFF A CRIME SCENE WITH A POLICE LINE.

01:00:46 ARCHIVE FOOTAGE:
MEN WEARING GAS MASKS AND PROTECTIVE GEAR.

01:00:47 ARCHIVE FOOTAGE:
PRESIDENT GEORGE W BUSH SPEAKING AT PODIUM.
NARRATOR CONTINUES:
The Bush Administration quickly began to push through policy changes.

[01:00:54 IMAGE OF BUSH FREEZES AND TURNS TO B&W ZOOM IN TIGHTER]

LAURA MURPHY VOICE OVER BEGINS:
Before anyone had a chance to understand what went wrong,
[01:00:59 DISSOLVE TO: LAURA MURPHY 100%
Lower Third: Laura Murphy Director – Washington Legislative Office American Civil Liberties Union]
he proposed fixes that went far beyond fighting terrorism.

DISSOLVE TO:

01:01:04 B-ROLL: HOUSE OF CONGRESS
WS HOUSE OF CONGRESS. ZOOM INTO REFLECTION IN WATER.
MURPHY VOICE OVER CONTINUES:
This is what happens when federal legislators respond in panic.
[01:01:12 PETER A’. DEFAZIO VOICE OVER BEGINS OVER B-ROLL OF CONGRESS]
Congress had been evacuated [01:01:13 DISSOLVE TO SLO MO FOOTAGE: MAN IN PROTECTIVE GEAR WALKING]
because of the anthrax scare and most of us were hanging around the lawn of the Capital.
[01:01:19 CLOSE ON SIGN “STAFF ONLY NO THRU STREET]
We’re really out of touch. Yet, [01:01:22 REP. PETER A’. DEFAZIO 100% LOWER THIRD REP. PETER A’. DeFAZIO (D) Oregon
they felt some desire to rush this Bill through.

01:01:26 ARCHIVE FOOTAGE:
WS SENATE MEETING
MUSIC FADES OUT

01:01:28 ARCHIVE FOOTAGE:
PETER A’. DEFAZIO SPEAKING BEFORE THE SENATE
Give us a weekend to read it and let’s take it up Monday morning, hey I’ll come in and vote at 7 o’clock Monday morning if it’s that urgent.
[01:01:33 DISSOLVE TO WS SENATE]

DISSOLVE TO:

01:01:35 DAVID COLE 100%
[LOWER THIRD DAVID COLE Professor of Law Georgetown University]
In the Senate they called it “The United and Strengthening America Act.” And in the House they called it “The Patriot Act: [01:01:40 DISSOLVE TO CLOSE UP ON BILL HEADING]
Providing appropriate tools required to intercept and obstruct terrorist acts.” And the compromise was to call it both: The USA Patriot Act.

DISSOLVE TO:

01:01:51 ARCHIVE FOOTAGE: WS SENATE
COLE CONTINUES IN VOICE OVER
But the real purpose behind those names, of course, was to suggest
[01:01:55 COLE 100%]
that anyone who would criticize it is unpatriotic, is a traitor.

01:02:00 ARCHIVE FOOTAGE:
JOHN ASHCROFT SPEAKING
ASHCROFT 100%:
To those who scare peace-loving people with phantoms of lost liberties, my message is this: your tactics only aid terrorists.

01:02:09 ROBERT BARR 100%
[LOWER THIRD: FORMER REP. ROBERT BARR [R] George]
When the Patriot Act was first sent to the Congress by the Bush Administration it came with a request that we hold no hearings
[01:02:15 DISS. TO CU TITLE OF BILL, PAGES TURNING TO NEXT]
on it so that there would be no publish input or public discourse.

DISSOLVE TO:

01:02:21 REP. PETER A’. DEFAZIO 100%
That might have even been somewhat acceptable had it been the Bill that was considered by and adopted unanimously by the Committee, but it wasn’t.

DISSOLVE TO:

01:02:29 ARCHIVE FOOTAGE:
CONGRESS. PULL OUT TO WIDE SHOT.
NARRATOR:
For six weeks previously Congress had debated how to address law enforcement needs in the wake of 9/11
[01:02:37 DISS. TO: WIDER SHOT OF CONGRESS]
and eventually a Bill was crafted that had [01:02:39 DISSOLVE TO SPEAKER (BOB BARR) AT PODIUM]
bi-partisan support.

01:02:41 ARCHIVE FOOTAGE:
SPEAKER (BOB BARR) AT PODIUM
PETER A. DEFAZIO VOICE OVER BEGINS:
To have Bob Barr on the far Right,
[01:02:43 MS BARNEY FRANK] Barney Frank, far Left, agree,
[01:02:46 REP. PETER A’. DEFAZIO 100%]
was an amazing feat.

01:02:48 ROBERT BARR 100%
We came up with a, a draft of that Bill that did have very, very broad support across the
[01:02:53 DISS. TO: B-ROLL: PAN ACROSS HOUSE OF CONGRESS MUSIC BEGINS]
Judiciary Committee. Unfortunately it was then changed in a last minute draft before it came up on the floor. Some time very late in the evening after midnight, the John Ashcroft version, Bush White House version, was substituted.

DISSOLVE TO:

01:03:08 SLO MO B-ROLL CU ON THE BILL TEXT

01:03:09 LAURA MURPHY VOICE OVER
The Bill was printed at [01:03:11 B-ROLL PAN ACROSS BUILDING AT NIGHT.]
3:45AM, the morning before the vote on the House floor.

DISSOLVE TO:

01:03:15 LAURA MURPHY 100%
And you tell me how many of the 435 Members of Congress had a chance, between 3:45AM and 11AM to read a Bill that was 345 pages long.

01:03:29 REP. PETER A’. DEFAZIO 100%
No member of Congress read this legislation before it was voted on. Not one.

DISSOLVE TO:

01:03:34 ARCHIVE FOOTAGE: CONGRESS
REP. PETER A’. DEFAZIO, HOLDING PAPERS, SPEAKING BEFORE CONGRESS
This is still warm. It just came off the Xerox machine. This isn’t the Bill that was adopted by a unanimous 36 vote major.., of Democrats and Republicans of the Judiciary Committee. These are critical issues. This is what we’re fighting for. These are our civil liberties.
[MUSIC FADES OUT]

[01:03:57 NARRATOR BEGINS OVER FOOTAGE]
The new Bill contained provisions that had been rejected by Congress before 9/11 had even occurred.

[01:04:02 REP. PETER A’. DEFAZIO CONTINUES SPEAKING]
…where they need to be strengthened…

01:04:05 ROBERT BARR 100%
When I looked at the draft I said, “I’ve seen this before.” Almost all of the provisions
[01:04:10 B-ROLL: CLOSE ON TEXT FROM PATRIOT ACT]
represented efforts to expand Federal Law Enforcement power.

01:04:16 LAURA MURPHY VOICE OVER BEGINS
They used the cover of ‘Fighting Terrorism’ to really greatly expand Federal Law Enforcement powers.

DISSOLVE TO:

01:04:23 ARCHIVE FOOTAGE: WS CONGRESS
NARRATOR:
The Patriot Act
[01:04:25 TEXT OVER IMAGE: GRAPH OF BILL VOTING]
ultimately passed in both the House and the Senate with overwhelming support.

DISSOLVE:
01:04:29 ARCHIVE FOOTAGE: BUSH PRESS CONFERENCE
BUSH:
This legislation is essential not only to pursuing and punishing terrorists, but also preventing more atrocities in the hands of the evil ones.

01:04:41 ARCHIVE FOOTAGE: BUSH SIGNING PATRIOT ACT
NARRATOR:
President Bush quickly signed the Patriot Act into law. It was only the beginning.

DISSOLVE TO:

01:04:49 ANTHONY ROMERO 100%
[LOWER THIRD: Anthony Romero Executive Director American Civil Liberties Union]
Some of the worst violations of civil liberties have happened without the input or without the authorization of Congress or the American public.
[01:04:56 ARCHIVE FOOTAGE: SLO MO THREE SHOT DICK CHENEY, JOHN ASHCROFT AND GEORGE W BUSH
In fact it’s often happened with the discussion and with the approval of a small number of men within the Executive Branch.

01:05:04 ARCHIVE FOOTAGE CONTINUES
NARRATOR:
These few men have changed the character of America. But have they made us any safer?

FADE TO BLACK

FADE IN:
MUSIC BEGINS
01:05:12 BARBARA OLSHANSKY 100%
[LOWER THIRD: Barbara Olshansky Deputy Legal Director Center for Constitutional Rights]
We were starting to get calls very quickly after September 11th from people that would tell us, “my cousin was arrested, my brother was arrested, my uncle.” And, when we started enquiring about where they were taken, or who took them, most of the families that we were talking to didn’t really know.

01:05:33 ANTHONY ROMERO 100%
Right after 9/11 the Government began arresting immigrants from Arab and Moslem countries
[01:05:37 B-ROLL : WS ARAB MEN] in an unprecedented way.
[01:05:40 B-ROLL ARAB MAN PRAYING, WIPING FACE]

01:05:41 VINCENT CANNISTRARO VOICE OVER FOOTAGE
We were targeting communities on the basis of stereotypes. Hey, I saw someone with a beard. This one came out, he prays
[01:05:48 B-ROLL PERSON PRAYING]
by kneeling his down, and putting his forehead on the ground.

01:05:52 VINCENT CANNISTRARO 100%
Must be a terrorist.
[LOWER THIRD VINCENT CANNISTRARO Former, CIA, Director for Counter Terrorism Operations Analysis]
That’s the level of ignorance that we have in this country.

01:05:57 DAVID COLE 100%
People were essentially presumed guilty until determined to be innocent.

DISSOLVE TO:

01:06:01 B-ROLL : CU FINGERPRINTS BEING TAKEN
VOICE OVER:
The Government called these people “detainees” as if they were simply being made late for dinner. But the reality was much uglier.

01:06:08 B-ROLL: CU FINGERPRINTS
BARBARA OLSHANSKY VOICE OVER:
These folks were kept in solitary confinement which is, [01:06:12 DISSOLVE TO BARBARA OLSHANSKY 100%]
you know, 23 to 24 hours a day of lock up um, no contact with the outside world, ah, sometimes without any blankets in the middle of winter, the lights were on 24 hours, the windows were covered over. [FADE OUT MUSIC]
People didn’t know what hour of the day or night it was. These were terrible conditions.
[01:06:32 STILL PHOTO MAN BEING BEATEN FADE IN MUSIC]
And many people were beaten during this time. They were shackled, [01:06:36 BARBARA OLSHANSKY 100%] hands to waist to feet.
[01:06:38 STILL PHOTO CELL]
They were strip searched every time they had to leave the cell.
[01:06:42 DISSOLVE TO: STILL PHOTO MAN BEING PUSHED AGAINST WALL]
Many of them were yanked along the floor.

[01:06:44 DISSOLVE TO: DIFF STILL PHOTO MAN PUSHED AGAINST WALL]

01:06:46 NARRATOR FOOTAGE
The arrests were considered secret
[01:06:47 DISSOLVE TO: STILL PHOTO DETAINEE]
and the detainees were allowed little contact with the outside world.
[01:06:51 DISSOLVE TO: STILL PHOTO DETAINEE]
They were held for months even though they had broken no [01:06:54 DISSOLVE TO: FOOTAGE INSIDE PRISON: POLICE GUARD WALKING BY CELLS]
criminal laws. The Justice Department called it the [01:06:58 FOOTAGE: INSIDE PRISON – DOOR BEING CLOSED]
“Hold Until Clear Policy”.

01:07:01 ANTHONY ROMERO 100%
The “Hold under Clear Policy” was not the subject of any public debate or even debate within Congress.
[01:07:07 MUSIC FADES OUT]
That was a change implemented by the Justice Department itself. It was done on a stroke of
[01:07:13 ARCHIVE FOOTAGE OF JOHN ASHCROFT SPEAKING]
one politician’s pen and it affected the lives of hundreds of immigrants across the country.

01:07:18 DAVID COLE 100%
This was undertaken wholly outside of the Patriot Act. It was simply a decision by John Ashcroft, a very public decision.

01:07:25 ANTHONY ROMERO 100%
Even within the Justice Department itself, there was enormous debate and controversy about whether or not the policy was constitutional, legal or correct.

01:07:34 FOOTAGE: JOHN ASHCROFT PRESS CONFERENCE
JOHN ASHCROFT: This rule change will apply to the 75 individuals who are currently detained…

[01:07:39 DAVID COLE VOICE BEGINS 0VER IMAGES]
The same way that Macdonald’s tells you how many hamburgers they’ve sold
[01:07:42 DAVID COLE 100%]
the Government was giving us, kind of a running tally.

01:07:44 ARCHIVE FOOTAGE: JOHN ASHCROFT PRESS CONFERENCE
ASHCROFT: There have been a total of over 480 people arrested or.
[OVERLAPPING AUDIO]

01:07:49 ARCHIVE FOOTAGE: JOHN ASHCROFT PRESS CONFERENCE 2
ASHCROFT: We have arrested or detained six hundred and fourteen persons.

01:08:53 ARCHIVE FOOTAGE: JOHN ASHCROFT PRESS CONFERENCE 3
ASHCROFT: We have detained nearly one thousand individuals.

01:07:56 DAVID COLE VOICE BEGINS OVER FOOTAGE
He swept broadly. He swept blindly until
[01:07:59 DISSOLVE TO DAVID COLE 100%]
the number was over a thousand and people started asking questions. They said, “how many of these 1000 people have been charged with the crimes of September 11th?”
[01:08:08 DISSOLVE TO STILL PHOTO OF BARBED WIRED FENCE]
And the answer was zero. Then people asked, “well how many of these people, these suspected terrorists have been charged with any crime related to terrorism?
[01:08:17 DISSOLVE TO: FOOTAGE THROUGH GATES OF PRISON]
And the answer was zero. So those were not good answers from the Government’s perspectives. So what did the Government do?
[01:08:23 DISSOLVE TO DAVID COLE 100%]
In early November it announced, “we no longer will give out a daily tally. It’s too difficult for us to give out a daily tally.” It wasn’t difficult for them when they thought it sent the message that “we’re doing something to fight terrorism”. But when it started to send the message “we’re locking up lots of people who don’t have any, who aren’t even charged with terrorism.” They just stopped telling us how many people were detained.

01:08:46 STILL PHOTO PRISONER BEING DETAINED
VINCENT CANNISTRARO VOICE BEGINS OVER IMAGE:
The net result of our profligate use of detentions [01:08:50 VINCENT CANNISTRARO 100%]
without legal representation has been to make us less safe. It hasn’t uncovered any terrorists.

01:08:57 B-ROLL: MOVE OVER C.U. OF CONSTITUTION
MUSIC BEGINS
ANTHONY ROMERO VOICE OVER IMAGE
The Constitution is really quite clear. In parts of the Constitution the rights and privileges are reserved only for American Citizens, like the Right to Vote. But elsewhere in the Constitution the Founding Fathers were equally explicit.
[01:09:10 THE WORDS “NO PERSON” IS HIGHLIGHTED ON THE CONSTITUTION]
“No person shall be denied
[01:09:13 DISSOLVE TO ANTHONY ROMERO 100%]
life, liberty or property without due process of law.” They did not say, “no citizen”. They said “no person.”

01:09:20 BARBARA OLSHANSKY 100%
We’ll never know exactly how many people were detained in those first seven weeks alone.
[01:09:25 B-ROLL: EXT OF DETENTION CENTER]
We’ll never who all
[01:09:27 B-ROLL: C.U. ON BARBED WIRE FENCE RACK FOCUS TO WINDOW OF CELL]
those people are.

[OVERLAPPING AUDIO]

01:09:31 ARCHIVE FOOTAGE: GIRL SPEAKING ON TELEVISION
GIRL: As soon as September 11th happened I knew, because I’m an Arab, they’re going to hate, they’re going to hate the ground I walk on. And for sure they did.

FADE TO BLACK

FADE IN:

01:09:43 SAM HAMOUI 100%
[LOWER THIRD: SAM HAMOUI]
February 22nd I got a phone call, about 7 o’clock in the morning from my Uncle, that about 12 to 15 Federal Agents just came into my parent’s house picked up my Mom, my Dad and my sister.

[OVERLAPPING]

01:09:54 B-ROLL OF SAFOUH HAMOUI, LOOKING STOIC IN HOME
[LOWER THIRD SAFOUH HAMOUI]
SAFOUH HAMOUI VOICE OVER FOOTAGE
It was terrible day. I will not forget this day in all my life. Me or my family.

DISSOLVE TO:

01:10:01 B-ROLL: EXTERIOR HOUSE
HANAN HAMOUI VOICE OVER FOOTAGE
Around 5:30 in the morning I heard, a hard knock on the door.
SAFOUH HAMOUI VOICE OVER FOOTAGE:
We wake up, you know, “what’s going on, what’s wrong?”
HANAN HAMOUI VOICE OVER FOOTAGE:
I keep telling my husband,
[01:10:12 HANAN HAMOUI 100% LOWER THIRD HANAN HAMOUI]
“Don’t open. We don’t know who they are.” But he, he was already there.

01:10:16 B-ROLL:
PERSON, WITH TORCH, RUNNING UP STAIRS IN THE DARK
SAFOUH HAMOUI VOICE OVER:
I opened the door for them and suddenly they run everywhere, shouting.

[OVERLAPPING]
01:10:21 MOHAMMED HAMOUI 100%
[LOWER THIRD: MOHAMMED HAMOUI]
I thought our house was getting broken into, or maybe being robbed.

01:10:25 NADIN HAMOUI 100%
[LOWER THIRD: NADIN HAMOUI]
You could hear officers running round, “clear, clear, clear”, like something you see on TV.

01:10:28 B-ROLL:
ABSTRACT DARK IMAGES OF TORCH SHINING AND BLANKET BEING REMOVED.
MOHAMMED HAMOUI VOICE OVER IMAGES:
With their guns pointed out they pulled the blanket
[01:10:30 MOHAMMED HAMOUI 100%]
off me and said, “get up to the living-room now.

01:10:32 B-ROLL: TORCH SHINING INTO CAMERA

NADIN HAMOUI VOICE OVER IMAGES: I was scared.
MOHAMMED HAMOUI VOICE OVER IMAGES: They had the flashlight in my eyes.
[OVERLAPPING]
HANAN HAMOUI: Who are they?

01:10:35 NADIN HAMOUI 100%
I didn’t what they were doing
[01:10:36 B-ROLL: FLASHLIGHT] I don’t know why.

[OVERLAPPING]

01:10:36 GIRL 100% SPEAKING ON TV
He pulled his gun and put it right in the middle of my forehead.

01:10:39 MOHAMMED HAMOUI 100%
Then I just looked over to my Mom on the bed.

01:10:41 HANAN HAMOUI 100%
Right away there’s one man
[01:10:42 ABSTRACT B-ROLL TORCH SHINING ON BLANKETS]
ordered me to get up. I said, “ok, go away, I need to go put my scarf on.” He said, “you need to get up right now.” I said, “you need to go out of my room so I can cover myself so I can get up.” He wouldn’t let me.

01:10:54 SAFOUH HAMOUI 100%
One he said, “I’m from FBI.” And another
[01:10:57 ABSTRACT B-ROLL OF TORCH SHINING]
said, “I’m from the INS.”

01:10:58 HANAN HAMOUI OVER B-ROLL
He just freaked out. He just went
[01:11:00 HANAN HAMOUI 100%
crazy. “What you doing? You have gun?” “No. No I don’t have gun.”

01:11:05 MOHAMMED HAMOUI 100%
We went out to the living room and they took pictures of my sister and we were all crying.

01:11:10 NADIN HAMOUI 100%
And then when they took us outside they
[01:11:12 DISSOLVE TO B-ROLL EXT HOUSE]
handcuffed my Dad.

[OVERLAPPING]

01:11:13 SAFOUH HAMOUI OVER IMAGES
They handcuffed me
[01:11:14 SAFOUH HAMOUI 100%
in from of my children. Me and my wife and my daughter.

01:11:20 HANAN HAMOUI 100%
Just put us in the car and drive us to the INS detention.

DISSOLVE TO:

01:11:26 MOVING B-ROLL OF SEATTLE CITY CENTER
SAFOUH HAMOUI OVER IMAGES:
We were living legally, above the ground, openly in this country. We were obeying the law.
[01:11:35 WIPE TO: B-ROLL EXT. SEATTLE DETENTION CENTER]

01:11:37 NARRATOR OVER B-ROLL:
EXT. DETENTION CENTER
But that didn’t seem to matter. Safouh Hamoui, his wife Hanan, and 19 year old daughter Nadin were taken here, to the Seattle INS Detention Center. It was a place that reminded them of the repression they thought they had left behind.

DISSOLVE TO:

01:11:51 STILL PHOTO: SAFOUH HAMOUI IN UNIFORM
NARRATOR CONTINUES:
Safouh Hamoui had been a pilot in the Syrian Air Force when bad weather forced him to make an emergency landing. [01:12:59 DISSOLVE TO PHOTO STILL HAMOUI IN AIRPLANE]
Rather than receive any kind of praise, he was accused of attempting to assassinate his passengers, which included the Syrian Vice President.

01:12:05 B-ROLL: WS STREETS OF SEATTLE
PAN TO SIGN “SEATTLE MEDITERRANEAN MARKET”

01:12:08 NARRATOR: OVER IMAGES
He fled Syria and applied for political asylum in the United States. He settled with his family in Seattle.
And he opened the areas first
[01:12:15 B-ROLL: SAFOUH SERVING A CUSTOMER]
Middle Eastern grocery store.
[01:12:18 B-ROLL C.U. SAFOUH SMILING SERVING CUSTOMER]
For ten years he and his family lived peacefully until his application for asylum was denied
[01:12:22 B-ROLL: SAFOUH AND CUSTOMERS]
due to the incompetence of his lawyer. He was ordered deported but he remained in the US while awaiting the outcome of his appeal.
[01:12:31 DISSOLVE TO B-ROLL C.U. BARBED WIRE FENCE]
The FBI cleared Safouh four days after he was arrested yet the Hamouis were still kept in prison.
[01:12:37 B-ROLL: EXT. DETENTION CENTER]

01:12:40 HANAN HAMOUI VOICE OVER B-ROLL
When I went there, my heart almost stopped.
[01:12:43 HANAN HAMOUI 100%]
My blood pressure when crazy, you know. It was so scary, so unfair.
[01:12:47 B-ROLL: EXT. PRISON/BARBED WIRE FENCE]
“What’s going on? Why I’m here. Why people doing this to me?”

DISSOLVE TO:

01:12:54 SAM HAMOUI 100%
I just don’t understand how they can do something like that, you know. I know my Dad fought so hard to come to this country for freedom [FADE OUT MUSIC] and just to be able to live without freedom of prosecution because of his religion, or because of his job or because of who he is, and then, you know, ten years later, we find out that, you know, the country we came here to save us is actually doing the same to us.

01:13:13 HANAN HAMOUI 100%
Why? Why? Because I’m Arabic? Because I’m wearing my scarf? Because I’m proud of my religion? My religion is so beautiful. Not being my enemy and torture me when I thought I’m in freedom country.
[01:13:29 B-ROLL: INT. DETENTION CELL]
I can’t keep my religion, I can’t practice my religion, I can’t you know.

01:13:35 NADIN HAMOUI VOICE OVER ONLY
You know you’re in like a four walled room, and it’s very small and you’re in there with your Mom and she’s sick and [01:13:41 DISSOLVE TO: NADIN HAMOUI 100%]
I just, we should have never been in jail let alone in solitary room.
FADE IN MUSIC
01:13:46 B-ROLL: INT. DETENTION CENTER/EXT. CELLS
SAM HAMOUI VOICE OVER FOOTAGE:
Just watching them behind bars, all three of them were crying, you know, were in tears. All three of them were in shock. They just wanted me to
[01:13:56 SAM HAMOUI 100%]
find out what was going on and why they were there.

DISSOLVE TO:

01:14:00 B-ROLL: EXT. DETENTION CENTER/BARBED WIRE
DISSOLVE TO:

01:13:02 B-ROLL: EXT. DETENTION CENTER ZOOM INTO WINDOW

01:14:09 SAFOUH HAMOUI VOICE OVER FOOTAGE
Ten months.
[01:14:09 DISSOLVE TO: B-ROLL: DETAINEE WAVING OUT OF WINDOW.]
Just imagine, ten months. Day by day.

01:14:15 ARCHIVE FOOTAGE: PRESS CONFERENCE
PRESS CONFERENCE WITH NADIN HAMOUI AND HANAN HAMOUI
VOICE OVER FOOTAGE:
Media attention helped bring about the release of Nadin and her mother.

DISSOLVE TO:

01:14:20 ARCHIVE FOOTAGE: PRESS CONFERENCE
TIGHTER TWO SHOW NADIN AND HANAN
NADIN HAMOUI:
I had to hold, I had to hold my Mom, like faint, more than eleven times, right in front of my face.

01:14:27 ARCHIVE FOOTAGE: EXT STREET
SAFOUH, CARRYING FILES, WALKING ACROSS STREET WITH TWO PEOPLE.
NARRATOR OVER FOOTAGE:
Safouh was let out one month later after the INS finally admitted he was not a flight risk.

[OVERLAPPING]
[FADE OUT MUSIC]

01:14:34 ARCHIVE FOOTAGE: MS SAFOUH TO CAMERA
SAFOUH:
Freedom. That’s what I am here for. I am, I came to this country for the freedom. And I found, and I fight for the freedom and I am here for the freedom.

NARRATOR OVER FOOTAGE:
His daughter Nadin, her own memories all too apparent, rushed to embrace him.
[NADIN AND SAFOUH HUG]

01:14:59 FOOTAGE: HOME MOVIE: INTERIOR HAMOUI HOME
RHAM HAMOUI ENTERS HOUSE AND SEES SAFOUH
RHAM HAMOUI: Oh my God.
SHE HUGS HER DAD.

NARRATOR:
The Hamouis youngest daughter arrived home from school to find her father there.

01:15:07 FOOTAGE: HOME MOVIE: HANAN WIPES HER EYES
NARRATOR:
The fate of the Hamoui family still hangs
[01:15:10 FOOTAGE: HOME MOVIE: RHAM AND SAFOUH EMBRACE]
in the balance. They may yet be deported.

01:15:14 RHAM HAMOUI 100%
[LOWER THIRD: RHAM HAMOUI]
I’ve lived here my whole life. Since I was three. I don’t know anything, I can’t speak Arabic, I can’t write it. If I go back to Syria I have nothing.

DISSOLVE TO:
FADE UP MUSIC

01:15:27 B-ROLL: CU BARBED WIRE FENCE
SAM HAMOUI OVER FOOTAGE:
The American people need to know what happened in the name of safety. In the name of fighting the war on terrorism we, we lost our civil liberties over it. We lost our freedom. And, that’s what the, that’s what the terrorists want, you know, they wanted us to fall apart, they wanted us not to become united, they wanted us to separate and turn against each other. And I, you know, I think they might have succeeded.

01:15:55 B-ROLL: POLICE WITH SIREN SPEEDING THRU STREET

01:15:59 B-ROLL: ARAB MAN WITH CHILD
NARRATOR:
The government has argued that rounding up and detaining people like the Hamouis is a vital step in the war against terror. But top
[01:16:06 B-ROLL: EXT. MOSQUE]
counter-terrorism officials says such policies have destroyed our relationship with the very communities that could warn law enforcements about an impending terrorist attack.

DISSOLVE TO:

01:16:14 VINCENT CANNISTRARO 100%
[LOWER THIRD: VINCENT CANNISTRARO Former CIA Director for Counter Terrorism and Operations Analysis]
The first line in defense against international terrorism is information, it’s, it’s intelligence.
[01:16:20 B-ROLL OF ARABIC NEIGHBORHOOD]
It means having sources within communities. What we were doing, by all of these roundups, is alienating those communities and making them more distrustful of law [01:16:30 VINCENT CANNISTRARO 100%]
enforcement, less inclined to be cooperative, less inclined to volunteer and to come forward when they have information that would be of material value to law enforcement. [FADE OUT MUSIC] It was the wrong way to go around it. [01:16:42 B-ROLL: ARABIC PERSON PRAYING]
We were targeting communities for which there was no known terrorism and
[01:16:46 B-ROLL: CU ARABIC PERSON PRAYING]
yet we were doing it on the basis of stereotypes.
[FADE IN MUSIC]
[01:16:50: B-ROLL: CU HANDS OF ARABIC PERSON PRAYING]
It isn’t going to stop the next 9/11.

DISSOLVE TO:

01:16:55 STILL PHOTO: SECURITY SHOT OF MAN
NARRATOR:
Take a look at this man. Clean-shaven, well dressed. He could be a young businessman. But he’s about to fly a plane into the World Trade Center.

VINCENT CANNISTRARO VOICE OVER FOOTAGE:
A group like Al Qaeda has demonstrated that they understand what the American conception of
[01:17:12 VINCENT CANNISTRARO 100%]
a terrorist is and they do everything they can to undermine it. The nineteen
[01:17:15 STILL PHOTOS: 8 SUICIDE BOMBERS]
suicide bombers, we know, for example, shaved their beards, and they deliberately
[01:17:21 B-ROLL: EXT. MOSQUE]
avoided mosques because they felt that mosques were under scrutiny
[01:17:24 B-ROLL: ARABIC WOMAN WALKING DOWN STREET]
by the FBI. That’s why, when you base
[01:17:28 DISSOLVE TO: VINCENT CANNISTRARO 100%]
your law enforcement, your anti-terrorism measures on stereotypes, you’re bound to fail.

01:17:33 B-ROLL: CU HAND DIALING TELEPHONE
PHONE MESSAGE: Extension Fourteen.
HAND PRESSES BUTTON
PHONE MESSAGE: Message Received
HAND PRESSES BUTTON
[FADE OUT MUSIC]
MESSAGE: Ah, thank you, I have a
[01:17:41 FOOTAGE: WS KATHY CULLITON LISTENING TO MESSAGE]
consultation to make about, ah, a case that we’re handling and we were wondering
[01:17:46 LOWER THIRD KATHY CULLITON Legislative Staff Attorney Mexican American Legal Defense and Education Fund]
if we are required to turn over information about the immigration status of our victims. [01:17:54 CU PHONE]
It is a very specific case where we must be asked for doing that
[01:18:00 FOOTAGE: KATHY CULLITON LISTENING TO MESSAGE]
and we would like to educated ourselves, get as much information as possible, please call me back, [01:18:06 CU HAND HANGING UP PHONE]
my number is…

01:18:07 PULL OUT TO REVEAL KATHY CULLITON 100%
KATHY CULLITON: Can you believe that? I have a police department calling, asking if they need to turn over the immigration status of crime victims. Crime victims. The victims of crime. That’s what’s happening since Attorney-General Ashcroft has given people the idea that state and local police are supposed to be involved in enforcing immigration laws. The victims of crime are not protected any longer.

DISSOLVE TO:

01:18:25 B-ROLL: POLICE DRIVING DOWN BUSY STREET
NARRATOR:
Ashcroft’s directive that local police enforce immigration law also means that if an immigrant witnesses a crime they will now be afraid to come forward fearing that they may be deported or even locked up indefinitely. That leaves criminals
[01:18:43 DISS. TO CU DOCUMENT REGARDING IMMIGRANTS]
to run free on the streets. Which is exactly why police departments in Los Angeles and Seattle have policies not to enforce immigration law.

DISSOLVE TO:

01:18:52 VINCENT CANNISTRARO 100%
What you’re doing is making local policeman surrogates for this, for this enforcement and they’re not versed in immigration law. They don’t understand immigration law. They don’t know what the law is and how can you ask them to go and enforce it? It’s terribly destructive of ah, of local law enforcement time and resources.

01:19:13 KATHY CULLITON 100%
The only way to find the real terrorists is through the hard job of investigative law enforcement. Investigating individual suspicious behavior that pertains to a person who is doing something wrong, as opposed to attacking an entire segment of the population.

01:19:28 ANTHONY ROMERO 100%
To focus on whole groups of individuals, whole classes of individuals who’ve done nothing more than be born in the wrong country, or worship the wrong god, is poor law enforcement. [FADE IN MUSIC]
That makes us less safe.
DISSOLVE TO:

01:19:40 B-ROLL: PEOPLE WALKING IN AIRPORT
NARRATOR:
But the justice department has ignored the recommendations of counter-terrorism experts. Instead they initiated a sweep of immigrants who worked at the nation’s airports [01:19:51 FOOTAGE: PEOPLE WORKING AT AIRPORT]
with the idea that such mass arrests would prevent another hijacking.

DISSOLVE TO:

01:19:55 KATHY CULLITON 100%
And many of the people who were rounded up, the majority were Latinos, um, that had nothing to do with terrorisms, no terrorists were caught.
[01:20:02 B-ROLL: PEOPLE SERVING FAST FOOD AT AIRPORT]
Somehow the government felt like the country would feel better if we rounded up people serving pizza
[01:20:06 B-ROLL PEOPLE WORKING AT AIRPORT]
and cleaning at the airport.

01:20:10 NARRATOR
And mass deportations were
[01:20:12 DISS TO B-ROLL: AIRPLANE, AT NIGHT, THROUGH WIRE FENCE]
secretly begun.

01:20:14 BARBARA OLSHANSKY VOICE OVER
What the Federal government did is, it commissioned private commercial airliner jets from different airlines and [01:20:20 DISSOLVE TO BARBARA OLSHANSKY 100%]
it had these night time airlift deportations.
[01:20:24 DISS. TO ABSTRACT B-ROLL: LIGHTS IN DARK] Sixty, seventy, hundry [SIC] eighty Pakistani
[01:20:28 DISS. TO: BARBARA OLSHANSKY 100%]
individuals in an airplane that might be a Portuguese airline jet that would take off in the middle of the night and return people to Pakistan.
[01:20:35 DISSOLVE TO: B-ROLL: AIRPLANE TAKING OFF AT NIGHT]
Nobody here would be notified, people would have [INAUDIBLE] [01:20:39 DISS. TO B-ROLL: EXT. HOUSES]
their families wouldn’t have been able to trace them. We rounded up people that were seeking political asylum in this country.
[01:20:47 DISS. TO: ABSTRACT B-ROLL: BLURRED LIGHTS IN DARK]
We sent them back to the place they were running from.

01:20:52 STILL PHOTO FAMILY
NARRATOR:
Reports began to filter back that people had been tortured in Syria.
[01:20:56 DISSOLVE TO: STILL PHOTO MAN]
Disappeared in Egypt and murdered in Pakistan.

DISSOLVE TO:

01:21:00 BARBARA OLSHANSKY 100%
We put all these people in terrible situations all around the world. And, it’s, you know, the enormity of that, every once in a while, overwhelms me, you know. It’s like, this, this can’t be the country that I grew up in.

DISSOLVE TO:
01:21:17 CLOSE UP OF THE SEPTEMBER 11 DETAINEES REPORT
TEXT: A Review of the Treatment of Aliens Held on Immigration Charges in Connection with the Investigation of the September 11 Attacks.

NARRATOR: The way America treated the detainees was so bad that the Justice Department’s Inspector General found it necessary to issue a report condemning what had occurred.

DISSOLVE TO:

01:21:27 BARBARA OLSHANSKY 100%
A Report came out by the Office of the Inspector General of the Department of Justice,
[01:21:32 DISSOLVE TO: PHOTO STILL CELL BARS]
that basically confirmed that all of these things did happen.

DISSOLVE TO:
01:21:36 ANTHONY ROMERO 100%
This was not a report of outside critics. This was a report done by the Inspector General of the Justice Department itself, [FADE OUT MUSIC] criticizing the haphazard and the indiscriminate manner in which the rights of immigrants were trampled upon in the aftermath of September 11th.

01:21:51 BARBARA OLSHANSKY 100%
Within a day or two afterwards, Attorney General Ashcroft got on the news and said, “Well, we’d do it the same way all over again.”

01:21:58 ANTHONY ROMERO 100%
He insisted that he had done nothing wrong, that he had no regrets, that he would do it all over again.

01:22:03 BARBARA OLSHANSKY 100%
This is the Chief Law Enforcement Officer of the United States that’s saying, “well yes, we’d, we’d, you know, redo all of these unconstitutional policies all over again.” And, and we’re just floored,
[01:22:14 B-ROLL: TILT UP GOVERNMENT BUILDING]
because there’s another department in our government that is basically saying, “This is horrendous and it can’t happen.” And here’s
[01:22:21 ARCHIVE FOOTAGE: OF JOHN ASHCROFT SPEAKING]
our Attorney General saying, “I don’t care.”

FADE TO BLACK

FADE IN
FADE IN MUSIC
01:22:26 B-ROLL : EXT. DETENTION CENTER
VOICE OVER ROBERT BARR:
What’s happened in Guantanamo is symptomatic of
[01:22:31 B-ROLL: SOLDIERS OPENING DOORS TO DETENTION CENTER] the way the government is proceeding with it’s War against Terrorism which
[01:22:35 ROBERT BARR 100% LOWER THIRDS: FORMER REP. ROBERT BARR [R] Georgia]
basically seems to be anything goes.

DISSOLVE TO:

01:22:38 B-ROLL:
SIGN: CAMP DELIA JTF GUANTANAMO HONOR BOUND TO DEFEND FREEDOM
NARRATOR:
Guantanamo Bay Cuba,
[01:22:42: B-ROLL GUANTANAMO BAY DETENTION CENTER]
a strange place for the US to have a military base. Set up after the Spanish-American war in 1903, the US has paid about $4000
[01:22:51 B-ROLL: TRUCK ENTERING DETENTION CENTER]
in rent to the Cuban government annually.
[01:22:56 B-ROLL: EXT. DETENTION CENTER]
Until recently it was a little known outpost,
[01:22:59 B-ROLL: SOLDIER WALKING ALONG DETENTION CENTER FENCE]
but after 9/11 the US government adopted a policy that would shock the rest of the world.

DISSOLVE TO:

01:23:06 THOMAS B. WILNER
[LOWER THIRD: THOMAS B. WILNER Attorney for Kuwaitee Detainees]
Guantanamo Bay was chosen as the place where the Administration wanted to hold people that they picked up in the War on Terrorism, no matter where they picked them up from, Afghanistan, or Pakistan, or Bosnia or anywhere else. And they really went around and they looked, “where can we hold
[01:23:20: FOOTAGE: DETAINEES]
people and not be subject to court review or any legal restrictions?”

01:23:25 FOOTAGE: GUANTANAMO BAY DETAINEES
ANTHONY ROMERO VOICE OVER:
In Guantanamo the US Government insists that the men held are not entitled to the protections of the Geneva Convention
[01:23:30 GUANTANAMO DETAINEES, WEARING ONLY TOWEL BEING LED AWAY]
since they’re not prisoners of war, that they weren’t combatants of a State power, [FADE OUT MUSIC]
[01:23:35 ANTHONY ROMERO 100% LOWER THIRD: ANTHONY ROMERO Executive Director American Civil Liberties Union]
and yet by the same token the government argues, “they are not entitled to the protection of Constitutional Laws because they’re not held on American territory.

01:23:44 FOOTAGE: DETAINEES BEING FLANKED BY SOLDIERS
VOICE OVER THOMAS B. WILNER:
The Administration chose Guantanamo as an island outside the sovereignty of the United States but subject to our exclusive control
[01:23:52 THOMAS B. WILNER 100%]
and they did that for the specific purpose of avoiding the law. Avoiding all the rules; the Geneva Convention, our Constitution.
01:24:00 MAJ. MICHAEL MORI 100%
[LOWER THIRD: MAJ. MICHAEL MORI U.S. Military Lawyer Appointed to Guantanamo Detainee David Hicks]
By creating this sort of label of “terrorist”, “unlawful enemy combatant” they’re trying to use, sort of, propaganda on why we shouldn’t care about them, why we shouldn’t insure due process for them, and kind of sacrifice our values as Americans that we’ve held so high.

01:24:14 B-ROLL: B&W SLO MO SHOTS OF LEGS WALKING
NARRATOR: BBC reporter Vivian White was allowed to audio tape his visit to a place that had been previously off limits to journalists.

01:24:22 VIVIAN WHITE AUDIO TAPE OVER FOOTAGE
VIVIAN WHITE VOICE OVER:
I’m walking now, along a line of cells, which are 8 foot by 8 foot metal grids. We are deep inside camp Delta.
I can now see a group of men dressed in white, in T-shirts, [01:24:40 B&W STILL PHOTO EXT. DETENTION CENTER THRU WIRE FENCE]
these are detainees. They were just a few feet away at the other side of the wire.
[01:24:46 B&W STILL PHOTO WIRE]
And one of them then spoke to all of us in English.
[01:24:48 B&W STILL]
AUDIO TAPE:
DETAINEE VOICE OVER WITH SUBTITLES:
Are you journalists or whatever?
Detainee: Can we talk to you?
Vivian White: We’re from BBC Television.
Military Escort: We need to keep moving.
Vivian White: We’re from BBC TV.
[01:24:56 B&W PHOTO STILL]
Detainee: Thank you very much. After a long time we’re looking you here.
Vivian White: Sorry?
Detainee: After a long time we’re looking you here.
Detainee: It’s amazing for us, strange. We should saw you before, but we’re looking now and it’s peculiar.
Military Escort: Please follow… Bring’em back, let’s go. Tour is over.
Military Escort: Keep’em walking.

DISSOLVE TO:
01:25:16 STILL PHOTO SOLDIERS, POINTING GUN. PAN ALONG TO REVEAL DETAINEE.
BARBARA OLSHANSKY VOICE OVER:
All of us thought, um, when we start hearing about Guantanamo, that the people that were going there were people that were fighting for the Taliban,
[01:25:26 B-ROLL: DETAINEE BEING ESCORTED BY SOLDIERS]
that were part of Al Qaeda, and there probably are a lot of people there that aren’t very nice. But, what we quickly learned from groups that were
[01:25:35 BARBARA OLSHANSKY 100% LOWER THIRD BARBARA OLSHANSKY Deputy Legal Director Center for Constitutional Rights]
permitted to go in and to do civil rights and human rights assessments is that there were people there that really didn’t belong there.

01:25:42 B-ROLL: STREETS OF AFGHANISTAN
BARBARA OLSHANSKY VOICE OVER:
Because the battlefield in Afghanistan was everywhere and anywhere and so
[01:25:50 B-ROLL: AFGHAN MAN WITH FRUIT STALL]
that meant
[01:25:52 B-ROLL: AFGHANS WALKING THRU MARKETPLACE]
anyone who was in and around was subject to being brought in.

01:25:55 B-ROLL: PAN ALONG AFGHAN MEN
DAVID COLE VOICE OVER:
Whether they were fighting for Al Qaeda or fighting [FADE IN MUSIC] for the Taliban as the military
[01:25:58 B-ROLL: AFGHAN BOYS]
suggests, or whether they were simply in the wrong place at the wrong time,
[01:26:03 DAVID COLE 100% LOWER THIRD: DAVID COLE Professor of Law Georgetown University]
picked up by a bounty hunter who wanted to claim a reward that the military was
[01:26:08 B-ROLL: SOLDIERS IN AFGHANISTAN]
giving out for bringing in Al Qaeda people.

01:26:10 BARBARA OLSHANSKY VOICE OVER
There were
[01:26:11 B-ROLL: SOLDIERS WITH OLD AFGHAN MAN]
men that were well into their 80s that were
[01:26:14 B-ROLL: AMERICAN SOLDIERS]
brought into this thing and there were children.
[01:26:15 B-ROLL: AFGHANI MEN AND CHILDREN]
This wasn’t just
[01:26:18 DISSOLVE TO: STILL PHOTO MAN (MOSAM BEGG) WITH THREE CHILDREN]
people who were soldiers in the field.

NARRATOR:
Mosam Begg is a British national whose family
[01:26:25 DISSOLVE TO: STILL PHOTO MOSAM BEGG]
says he was installing wells in Afghanistan and teaching in Pakistan until shortly after 9/11.

01:26:31 VOICE OVER AZMAT BEGG
I received a telephone call from my son
[01:26:32 DISSOLVE TO AZMAT BEGG 100%]
he said “Dad, I’ve been arrested.” And
[01:26:38 LOWER THIRD: AZMAT BEGG Father of Guantanamo Bay Detainee]
I said, “What? Why?” He said, “I don’t know.”
[01:26:43 B-ROLL: NIGHT VISION SHOTS OF DETAINEES BEING ARRESTED AND AMERICAN SOLDIERS]
I said “Who has arrested you?” He says, “Americans. And I don’t know where they’re taking me.”
[01:26:52 AZMAT BEGG 100%]
And the line was disconnected.

01:26:53 B-ROLL: HELICOPTERS TAKING OFF
NARRATOR:
For over a month after his arrest, his family had no idea of his whereabouts. Finally they received a letter.
[01:27:01 DISSOLVE TO: B-ROLL DETAINEE BEING LED BY SOLDIERS]
He had been taken to Guantanamo Bay.

01:27:05 VOICEOVER DAVID COLE
Everything about these detentions is designed to render these human beings into
[01:27:10 B-ROLL: DETAINEES BEING LED BY SOLDIERS]
the state of total dependence on the United States Military. They’re held in solitary, they’re manacled
[01:27:18 B-ROLL: DETAINEES BEING LED BY SOLDIERS THROUGH FENCE]
when pulled out for interrogation, they’re interrogated at great length, they can’t reach out to anybody, they can’t call a lawyer, they can’t call their families.
[01:27:26 DISSOLVE TO DAVID COLE 100%]
These people are entirely at the mercy of the military with no end in sight to their detention
[01:27:31 DISSOLVE TO: STILL PHOTO DETAINEES CROUCHED DOWN, SURROUNDED BY SOLDIERS]
and, not surprisingly, there have been suicide attempts.

DISSOLVE TO:
01:27:35 STILL PHOTO AMERICAN SOLDIERS IN LOOKOUT
NARRATOR:
At last count, more than 30 of the Guantanamo Bay
[01:27:39 DISS. TO: STILL PHOTO DETAINEES CROUCHES IN HOLDING PEN]
detainees have tried to kill themselves.

DISSOLVE TO:

01:27:42 THOMAS B. WILNER 100%
We don’t hear about that anymore because the government [01:27:44 DISS. TO STILL PHOTO OF BARBED WIRE FENCE]
no longer reports suicide attempts.

DISSOLVE TO:

01:27:49 B-ROLL: THROUGH FENCE, DETAINEES BEING LED BY SOLDIERS
NARRATOR:
Begg’s family had no understanding of the graveness of his circumstances.
[01:27:52 DISS. TO DIFF ANGLE OF ABOVE]
The few letters they did get from him avoided details all together.

01:27:57 AZMAT BEGG VOICE OVER FOOTAGE
In fact he was trying to avoid everything.
[01:27:58 DISSOLVE TO: AZMAT BEGG 100%]
Because I had by-pass operation, and I was not well enough, [01:28:03 STILL PHOTO MOSAM BEGG AND CHILDREN]
he was not writing anything clear to me. After a year I wrote to him that,
[01:28:09 DISSOLVE TO: AZMAT BEGG 100%]
“I’m very well, there’s nothing wrong with me.” Then, in response to that letter, he wrote
[01:28:14 DISSOLVE TO: PAPER WITH TEXT “RED CROSS MESSAGE”]
me a letter, “I’m pleased that you’re well. Pleased to know you can do all the activities. But my position is different.
[01:28:26 DISSOLVE TO: AZMAT BEGG 100%]
I haven’t seen moon, sun, or natural light for the last one year except two minutes. I have been kept like a, like an animal in a cage. They don’t give me food. [PAUSE]
They don’t give me water. [BEGINS TO CRY]
[01:28:58 DISSOLVE TO: STILL PHOTO MOSAM BEGG]
My clothes are [INAUDIBLE]. There are my human rights.
[01:29:07 DISSOLVE TO AZMAT BEGG 100%]
There is no one to help me. That’s why I’m writing you. So please help me if you can.” That letter actually tore me apart. [SHAKES HEAD AND CLEARS THROAT]
I didn’t know what to do. So I got in touch with Foreign Office, and they said “we don’t have any access. Americans won’t allow us to go there. So we do not do anything about. If we hear, we’ll let you know.” They never, ever done anything.

DISSOLVE TO:

01:29:48 STILL PHOTO: EXT. DETENTION CENTER
NARRATOR:
What Begg’s father is asking for his son is specifically guaranteed in tenets of international law, he wants an impartial trial.

DISSOLVE TO:

01:30:00 STILL PHOTO MOSAM BEGG
AZMAT BEGG VOICE OVER:
If he is guilty, he should be punished.
[01:30:07 DISSOLVE TO: AZMAT BEGG 100%]
If he’s not guilty why should be there.

DISSOLVE TO:

01:30;10 STILL PHOTO EXT. DETENTION CENTER

DISSOLVE TO:

01:30:14 BARBARA OLSHANSKY 100%
The United States has refused to abide by the Geneva Conventions.
[01:30:18 SHOT ZOOM INTO FRONT PAGE OF THE GENEVA CONVENTION ]
They are the, the rules of war that were developed after World War II. Basically what they say is, when you capture people during a war, you have to treat them humanely. You have to give them medical assistance. [FADE OUT MUSIC]
[01:30:31 BARBARA OLSHANSKY 100%]
You have to, first of all, decide who they are. You know, they get this [FADE IN MUSIC] right to this tribunal that decides are you a prisoner of war, are you a civilian, do you have nothing to do with this war whatsoever.

01:30:41 FOOTAGE: PAN ALONG FACE OF GEORGE W. BUSH
NARRATOR:
In lieu of a trial, President Bush has declared that certain of the Guantanamo detainees, Mosam Begg among them, [01:30:48 STILL PHOTO: DETAINEES CROUCHED TOGETHER]
will be subjected to a military tribunal.

DISSOLVE TO:

01:30:52 STILL PHOTO: BARBED WIRE FENCE
There is no presumption of innocence in this
[01:30:54 MAJ. MICHAEL MORI 100%]
process because, to even go to military commission, you have to be presumed to be a terrorist.
[01:30:59 ARCHIVE FOOTAGE: TONY BLAIR AND GEORGE BUSH SMILING AND WALKING]
And they’re using that as justification to lower the standards of justice that we’re used to in this country.

01:31:05 NARRATOR:
President Bush has already let it be known how he feels about these people.

01:31:09 ARCHIVE FOOTAGE: GEORGE BUSH PRESS CONFERENCE
BUSH:
You know the only thing I know for certain is that these are bad people. And we look forward to working closely with the Blair Government to deal with the issue.

01:31:18 VOICE OVER THOMAS B. WILNER
The White House Council, Alberto Gonzalez
[01:31:20 DISSOLVE TO STILL PHOTO WHITE HOUSE]
advised the President to ignore the Geneva Conventions at Guantanamo.
[01:31:25 THOMAS B. WILNER 100]
He said, “The Geneva Conventions are obsolete and quaint, and shouldn’t govern the way that we need to question prisoners there.”
[01:31:31: DISSOLVE TO: STILL PHOTO GUANTANAMO DETENTION CENTER EXT. AT NIGHT]
[01:31:32: SUPERIMPOSE FRONT PAGE OF GENEVA CONVENTION OVER STILL]
Secondly, he said, “it’s a good thing, from our standpoint if you say “The Geneva Conventions do not apply” because under US Law, violations of the Geneva Conventions can be prosecuted as war crimes,
[01:31:43 THOMAS B. WILNER 100%]
so we could be prosecuted for war crimes for not following them. But if we say “they don’t apply” then we have an excuse to say that “we can’t be prosecuted.””

DISSOLVE TO:

01:31:52 STILL PHOTO ABUSE OF ABU GHRAIB PRISONERS
WILNER VOICE OVER:
We have heard recently that there are allegations that what we’ve seen at Abu Ghraib
[01:31:55 DISSOLVE TO PHOTO STILL ABUSE OF ABU GHRAIB PRISONERS]
really occurred at Guantanamo as well. And we know that General Miller,
[01:32:00 DISSOLVE TO B-ROLL : GENERAL MILLER]
who was in charge of Guantanamo and is now in charge of Iraq,
[01:32:03 DISSOLVE TO B-ROLL : SOLDIERS WALKING FADE OUT MUSIC]
said that he could violate the Geneva Conventions
[01:32:06 DISSOLVE TO B-ROLL EXT. GUANTANAMO DETENTION CENTER FENCE]
at Guantanamo.

DISSOLVE TO:

01:32:08 DAVID COLE 100%
One of the real concerns, when we treat others like this in the name of fighting a war, um, is that others, fighting us,
[01:32:18 DISSOLVE TO: STILL PHOTO PRISONERS FADE IN MUSIC]
can treat our soldiers like this.

01:32:22 VOICE OVER MAJ. MICHAEL MORI
We’re setting the standard under which we’re going to say, “it’s ok to do this to our service members.”
[01:32:26 DISSOLVE TO: WIDER SHOT OF STILL PHOTO OF PRISONERS]
“It’s OK for North Korea to capture a US citizen
[01:32:31 DISSOLVE TO: MAJ. MICHAEL MORI 100%]
and label them an unlawful enemy combatant” and try them in our same system,
[01:32:36 DISSOLVE TO: STILL PHOTO: SOLDER STANDING OVER HANDCUFFED PRISONER]
where some army generals are making all the decisions, and he, he appoints a panel of just his
[01:32:42 DISSOLVE TO: MAJ. MICHAEL MORI 100%]
army officers to be the judge and jury.

DISSOLVE TO:

01:32:45 ARCHIVE FOOTAGE: DONALD RUMSFELD WITH SOLDIERS
DAVID COLE VOICE OVER:
When Donald Rumsfeld was asked, “how long can these people be held?”
[01:32:49 FOOTAGE: RUMSFELD IN CAR LOOKING AT SOLDIERS]
He said, “as long as the War on Terrorism lasts.”
Then they asked him, “when will we know when the
[01:32:53 FOOTAGE: BARBED WIRE FENCE PULL OUT TO REVEAL AMERICAN SOLDIERS WITH RUMSFELD]
War on Terrorism is over?” He said, “when there are no longer any terrorist organizations of potentially
[01:32:58 DISSOLVE TO: RUMSFELD WALKING WITH SOLDIERS]
global reach left the world.”
[01:33:00 DISSOLVE TO DAVID COLE 100%]
Now, all of us have potentially global reach today and we’re never going to eliminate political violence from the face of the earth.
[01:33:09 B-ROLL: CELL DOOR BEING LOCKED]
So what he’s essentially saying is we can hold these people forever, without ever charging
[01:33:14 B-ROLL: CELL DOORS]
them with anything, without ever giving them a hearing of any kind.

FADE TO BLACK

FADE IN:

01:33:19 PAN ACROSS CU OF CONSTITUTION
NARRATOR:
Congress shall have the power to declare war and make rules concerning capture on land and water: Article One of the US Constitution.

FADE TO BLACK
[FADE OUT MUSIC]

FADE IN:

01:33:30 B-ROLL: CELL DOORS
NARRATOR:
Locked up indefinitely? No lawyer? No trial? If you think this can’t happen to an American citizen, think again.

01:33:40 FOOTAGE: JOHN ASHCROFT AT PRESS CONFERENCE
ASHCROFT:
We have disrupted an unfolding terrorist plot to attack the United States by the, by exploding radioactive dirty bomb.

[OVERLAPPING]
01:33:50 VOICE OVER: DONNA NEWMAN
I get a phone call in the car. The prosecutor
[01:33:52 DONNA NEWMAN 100%]
calls up he says, “your client was taken by the military.” [01:33:56 B-ROLL: EXT. BUILDING: LOWER THIRD: DONNA NEWMAN Attorney for Jose Pedilla]
And I thought they were joking.

01:33:58 FOOTAGE:
DONNA NEWMAN SURROUNDED BY PRESS OUTSIDE BUILDING
DONNA NEWMAN: Thank you, but no comment at this time.
DONNA NEWMAN ENTERS CAR.

DISSOLVE TO:
01:34:03 STILL PHOTO: JOSE PEDILLA
FADE IN MUSIC
NARRATOR:
Newman’s client, Jose Pedilla, had been held as a material witness for an entire month before Ashcroft’s dramatic announcement. He had been charged with no crime but was seen as someone who could provide information to a Grand Jury about 9/11. Suddenly
[01:34:16 FOOTAGE: JOHN ASHCROFT PRESS CONFERENCE]
he was being called a terrorist.

01:34:18 JOHN ASHCROFT PRESS CONFERENCE
ASHCROFT: We know that Abdullah al-Muhajir is a Al Qaeda operative.

01:34:22 NARRATOR OVER FOOTAGE:
Broadcasting live from Moscow, Ashcroft announced the arrest as if Pedilla had just been caught and a terrorist act narrowly averted.

01:34:29 ASHCROFT: Let me be clear, we know from multiple, independent and corroborating sources.

01:34:35 DONNA NEWMAN 100%
Nothing had happened, from the time of his arrest, four weeks before, ‘til his designation. And the information they had was the same. So one has to think, “ok so then, what changed?”

01:34:49 ARCHIVE FOOTAGE: WS COLEEN ROWLEY SPEAKING BEFORE CONGRESS
COLEEN ROWLEY:
And I wanted to point out to

01:34:51 ARCHIVE FOOTAGE: CU COLEEN ROWLEY SPEAKING BEFORE CONGRESS
Director Mueller, that that seems…

01:34:52 NARRATOR
NARRATOR:
Just prior to Ashcroft’s announcement, FBI whistleblower, Coleen Rowley, had been
[01:34:57 FOOTAGE: MAN QUESTIONING COLEEN ROWLEY]
appearing before Congress. She was
[01:34:59 FOOTAGE: COLEEN ROWLEY SPEAKING]
testifying about the lack of intelligence sharing between the FBI and
[01:35:02 FOOTAGE: WS COLEEN ROWLEY SPEAKING BEFORE CONGRESS]
CIA. And how they’d bungled the warnings that might have prevented 9/11.

01:35:07 FOOTAGE: WS COLEEN ROWLEY SPEAKING BEFORE CONGRESS
COLEEN ROWLEY: We need to streamline the FBI’s bureaucracy in order to more effectively combat terrorism.

DISSOLVE TO:

01:35:13 FOOTAGE: ROBERT MUELLER PRESS CONFERENCE
ROBERT MUELLER:
Alright, let me just start off by saying,
[01:35:15 LOWER THIRD: ROBERT MUELLER Director, FBI]

01:35:15 NARRATOR:
Now Rowley’s issues seem passé as the Justice Department kept emphasizing the inner-agency collaboration had led to Pedilla’s capture and the country saved from a terrorist attack.

01:35:24 FOOTAGE: ROBERT MUELLER PRESS CONFERENCE
DIFFERENT ANGLE
ROBERT MUELLER: Was the result of the close co-operative work of
[01:35:27 ROBERT MUELLER PRESS CONFERENCE]
FBI agents and CIA Agents.

DISSOLVE TO:
01:35:29 FOOTAGE: PRESS CONFERENCE PAUL WOLFOWITZ
[LOWER THIRD: PAUL WOLFOWITZ Deputy Secretary of Defense]
WOLFOWITZ: Close co-operation among US Government Agencies.

01:35:32 NARRATOR:
But what had all these co-operations yielded.

01:35:35 DONNA NEWMAN 100%
Within hours, I mean 24 hours, the government then had news conferences in which they back-tracked. And they said, “Well, it wasn’t really a plot, you know it was just like in the talking stages.”
01:35:46 FOOTAGE: PRESS CONFERENCE WOLFOWITZ
WOLFOWITZ: I want to emphasize again, there was not an actual plan.

DISSOLVE TO:

01:35:50 FOOTAGE: PRESS CONFERENCE MUELLER
MUELLER: There were discussions about, um, this, ah, possible plan, and it was in the discussion stage.

[OVERLAPPING]
DISSOLVE TO:
01:35:57 FOOTAGE: PRESS CONFERENCE: WOLFOWITZ
It certainly wasn’t at the point of having a specific target.

01:36:00 ANTHONY ROMERO 100%
What’s remarkable is that when you read the government’s papers, is that they insist that the government does not have to charge Mr. Pedilla with a crime.

01:36:06 BARBARA OLSHANSKY 100%
They don’t really have any evidence of any crime. They have a notion that he might have met with people from Al Qaeda but they don’t think he’s member
[01:36:13 DISSOLVE TO COLEEN ROWLEY SPEAKING BEFORE CONGRESS FADE IN MUSIC]
and they’ve said so in court papers.

01:36:16 NARRATOR:
So what was the sudden urgency? The cynical among us might believe it was to deflect Rowley’s damaging information. The government wasn’t saying.

DISSOLVE TO:

01:36:24 FOOTAGE: PEDILLA IN COURT
NARRATOR CONTINUES:
And now with Pedilla locked up in solitary confinement in a Naval brig in South Carolina, he wasn’t able to explain anything either. Some information about Pedilla began to surface.

DISSOLVE TO:

01:36:36 B-ROLL: CHICAGO STREET PAN TO HOUSE
NARRATOR CONTINUES:
As a teenager in Chicago, Pedilla’s involvement in a [01:36:41 STILL PHOTO YOUNG PEDILLA ON MOCK MAGAZINE COVER]
murder committed by an older gang member landed him in juvenile detention.
[01:36:46 DISSOLVE TO: PHOTO PEDILLA]
He later moved to Florida and when he was 21 he went to prison for ten months after firing a gun into the air during an argument.
[01:36:53 DISS. TO: PHOTO OF EXT. ISLAMIC INSTITUTE]
Upon his release he converted to the Islamic faith and a center known for preaching non-violence.
[01:36:58 DISS. TO: PHOTO PEDILLA AND FRIENDS]
Over the next ten years his only runs in with the law was for minor traffic violations.
[01:37:05 B-ROLL: WOMAN COVERED WITH SCARF HOLDING PHOTO OF PEDILLA]
His new religion would take him to the Middle East where he married his second wife. On a return trip to the United States he was taken into custody.

DISSOLVE TO:

01:37:15 ANTHONY ROMERO 100%
[FADE OUT MUSIC]
Mr. Pedilla was arrested at Chicago O’Hare Airport. He was initially detained under the material witness statute. And only after they could no longer hold him under that statute did they then label him as an “enemy combatant”

01:37:25 FOOTAGE: PRESS CONFERENCE WOLFOWITZ
WOLFOWITZ: Pedilla’s activities and his association with Al Qaeda make him an ‘enemy combatant.’

01:37:31 DONNA NEWMAN 100%
An ‘enemy combatant’? I didn’t, [stumbled] where did you make up that term? You know, you really had never heard of it.

01:37:37 FOOTAGE: PRESS CONFERENCE
JOURNALIST: I thought the Administration’s rule on military tribunal said they would be only for non-American citizens.
[01:37:44 PRESS CONFERENCE SHOT OF LARRY THOMPSON]
Is the whole point of holding him as a military combatant to be able to question him
[01:37:49 FOOTAGE: JOURNALIST]
without using conventional criminal process?

01:37:52 FOOTAGE: PRESS CONFERENCE LARRY THOMPSON
Ah, his status as,
[LOWER THIRD: LARRY THOMPSON Deputy Attorney General] the Attorney General said in his statement, is as an ‘enemy combatant’. He is being detained under the laws of war as an enemy combatant.

01:38:03 DAVID COLE 100%
If the President labels him an ‘enemy combatant’ or, in President Bush’s words, ‘a bad guy’, they can be held indefinitely, incommunicado,
[01:38:09 B-ROLL: EXT. DEPARTMENT OF JUSTICE BUILDING]
without a hearing, without charges.
[01:38:12 B-ROLL: CU DEPARTMENT OF JUSTICE BUILDING SIGN]

[OVERLAPPING]

01:38:14 BARBARA OLSHANSKY 100%
Congress has already ruled on this. Congress said, “you can’t ever use our military for domestic law enforcement purposes. We don’t want you doing that. We don’t want you to use the military to arrest citizens. We don’t want Marshall Law.

01:38:24 FOOTAGE: PRESS CONFERENCE: CHENEY, ASHCROFT, BUSH
OLSHANSKY VOICE OVER:
And this President and this Attorney General said “I don’t have to follow the rules.”

DISSOLVE TO:
01:38:30 FOOTAGE: PRESS CONFERENCE: LARRY THOMPSON
JOURNALIST (VO): Does he have legal
[01:38:33 JOURNALIST]
representation at the moment?

01:38:35 PRESS CONFERENCE LARRY THOMSON
THOMPSON:
Ah the, he was being held under the authority of a Federal Judge, um, and he had legal representation in connection with that.

JOURNALIST: Does he now? Does he now?

01:38:47 B-ROLL: EXT. DEPARTMENT OF DEFENSE
DONNA NEWMAN VOICE OVER:
I called the Department of Defense, I even called The White House.
[01:38:50 DISSOLVE TO: B-ROLL: EXT. WHITE HOUSE]
I’ve got the response,
[01:38:53 DONNA NEWMAN 100%]
he will not be able to call me. I will not be able to call him. I will not be able to visit him. And, while of course I can write to him, they would not guarantee that he would my mail.

DISSOLVE TO:
01:39:06 STILL PHOTO: PEDILLA
NARRATOR:
Although the government now claims that Pedilla may have been involved in a plot to blow up apartment buildings, they have provided no evidence, nor charged him with a crime.

DISSOLVE TO:

01:39:16 DONNA NEWMAN 100%
The detention of an American citizen indefinitely, without Council, is based not only on heresy, could be triple heresy for all we know, but they admit that one of the individuals who gave the information has lied to them in the past, has his own agenda for giving information, and the other, the other informant in quotes, recanted.

01:39:45 BARBARA OLSHANSKY 100%
We’ve never in the history of the United States had investigated detention. We, we don’t, we don’t do that. You know, except now we do.

[FADE IN MUSIC]

01:39:57 B-ROLL: EXT. SUPREME COURT
NARRATOR:
Recently the Supreme Court decided that “enemy combatants”, such as the Guantanamo prisoners and Jose Pedilla have the right to an Attorney and access to a court of law. It remains to be seen how the government will comply with this ruling.

FADE TO BLACK

FADE IN

01:40:11 B-ROLL: THE US CONSTITUTION
NARRATOR:
“The accused shall enjoy the right to a speedy and public trial and be informed of the nature and cause of the accusation and to have the assistance of council for his defense.” The Sixth Amendment of the US Constitution.

FADE TO BLACK

FADE IN

01:40:25 ANTHONY ROMERO 100%
Every step of the way we’ve heard John Ashcroft tell the [FADE OUT MUSIC]
public, “Trust us. We’re the Government.”
And yet he refuses to release important information that the public needs in order to understand what’s at stake.

01:40:36 ARCHIVE FOOTAGE: THE AMERICAN FLAG
MUSIC: “My Country ‘Tis of Thee”
DISSOLVE TO:
01:40:41 ARCHIVE FOOTAGE: GOVERNMENT BUILDING
NARRATOR:
government claims of secrecy can rightfully be viewed with suspicion.

01:40:46 ARCHIVE FOOTAGE: POLICEMAN WALKING IN FRONT OF JAPANESE CHILDREN
DONNA NEWMAN VOICE OVER: And the secret, secret, secret as we have learned in
[01:40:49 ARCHIVE FOOTAGE: PEOPLE CHECKING BAGS]
history, generally it’s they’re hiding their lack of evidence.
[01:40:55 ARCHIVE FOOTAGE: SHOT OF INTERNMENT CAMP FROM ABOVE]
Korematsu is a perfect example.
[01:40:59 ARCHIVE FOOTAGE: INTERNMENT CAMP [FADE OUT MUSIC]
Korematsu is when the Japanese were interned based on [01:41:02 ARCHIVE FOOTAGE: JAPANESE WOMEN]
the government’s allegation that these people were dangerous
[01:41:08 ARCHIVE FOOTAGE: JAPANESE MEN FOLLOWING ICE TRUCK]
and had to be put in internment
[01:41:10 ARCHIVE FOOTAGE: MEN TAKING ICE OFF TRUCK]
camps indefinitely until the war was over. Subsequently,
[01:41:14 DONNA NEWMAN 100%]
after the war, everybody now knows, that the information that the government gave to the court, was false. They mislead the court on purpose. [FADE IN MUSIC]
And the rest of the information they said is “secret, secret, secret.”
[01:41:31 B&W FOOTAGE SUPREME COURT BUILDING]
And the “secret, secret, secret” was…”we don’t have anything.”

01:41:36 NARRATOR:
In 1953, at the height of the Cold War, the government also misled the Supreme Court in the
[01:41:41 B-ROLL CU ON CASE DOCUMENT]
case of US vs. Reynolds. That ruling established the government’s right to secrecy if it jeopardized national security. But the
[01:41:49 B-ROLL CU LOS ANGELES TIMES ARTICLE: HEADLINE “A Daughter Discovers What Really Happened”]
Los Angeles Times recently revealed that the government used the National Security Claim to hide the truth [01:41:55 DISS. TO ARTICLE “MID-AIR BLAST KILLS 9 IN B-29]
about the air-force’s poor maintenance of a B-29 Bomber that crashed killing 9 people.
[01:41:59 DISS. TO: ARTICLE PHOTO CRASHED BOMBER]
The National Security Claim was a lie.

DISSOLVE TO:

01:42:02 LAURA MURPHY 100%
There’s a legacy of abuse of these very kinds of powers. We went though the civil rights
[01:42:09 DISS. TO: ARCHIVE FOOTAGE: CIVIL RIGHTS PROTESTERS]
movement where the FBI and the CIA
[01:42:12 DISS. TO ARCHIVE FOOTAGE: CIVIL RIGHTS PROTESTERS “RIGHT TO VOTE]
were investigating
[01:42:13 ARCHIVE FOOTAGE: PROTESTOR’S BILLBOARD: “WE MUST VOTE”]
the civil rights’ leaders, Martin Luther
[01:42:16 ARCHIVE FOOTAGE: MARTIN LUTHER KING]
King, the anti-war protesters.
[01:42:19 DISSOLVE TO: LAURA MURPHY 100%]
People who
[01:42:20 LOWER THIRDS: LAURA MURPHY Director – Washington Legislative Office American Civil Liberties Union]
were perceived to be the political enemies of the government. This same authority is now vested in the Justice Department by
[01:42:28 SLO MO FOOTAGE: JOHN ASHCROFT]
the Patriot Act. And that’s a dangerous situation for Americans.

01:42:32 ANTHONY ROMERO 100%
[HOLDING UP PAPERS]
I can’t confirm or deny who our client is. I can’t confirm or deny some of the arguments that we’ve made in our legal papers. I can’t even talk about the basic facts about what has lead the government to try to seal this lawsuit from public review and from public scrutiny.
[01:42:47 ZOOM INTO CU ON PAGE OF LAWSUIT]
I can’t talk about why the government insists that it jeopardizes national security.

01:42:51 NARRATOR OVER IMAGE
The ACLU has challenged
[01:42:53 DISSOLVE: DIFFERENT PAGE OF LAWSUIT]
some of the unconstitutional clauses in the Patriot Act. But they have been gagged from telling the American people what is going on.

DISSOLVE TO:

01:43:00 ANTHONY ROMERO 100%
[LOWER THIRDS: ANTHONY ROMERO Executive Director American Civil Liberties Union]
Even as the President has made the Patriot Act one of the cornerstones of his re-election campaign, we can’t tell the public about the circumstances and facts of our lawsuit challenging a portion of The Patriot Acts’ constitutionality.

01:43:12 FOOTAGE: PRESS CONFERENCE BUSH
WS BUSH ON STAGE WITH PANEL
BUSH:
I think that the world is going to be more peaceful and free
[01:43:16 CU BUSH ON STAGE]
result of this discussion, our fellow citizens have a better understanding of the importance of the Patriot Act and why it needs to be renewed and expanded. The importance of The Patriot Act when it comes to defending America, our liberties, and at the same time, that it still protects our liberties under the constitution.

[AUDIO OVERLAPPING]

01:43;36 ANTHONY ROMERO 100%
The public needs to have the facts as it makes it decisions about whether or not the Patriot Act went too far.

DISSOLVE TO:

01:43:41 B-ROLL: PAN ACROSS LIBRARY
[FADE UP MUSIC]

NARRATOR:
The ACLU is not the only organization that has been silenced by the Patriot Act.

DISSOLVE TO:

01:43:46 B-ROLL: DIFF SHOT OF LIBRARY
[BEGIN ANNE TURNER VOICE OVER]
If librarians have been approached by the FBI they, of course, can’t tell you that because one of the rules
[01:43:51 ANNE TURNER 100% LOWER THIRD: Librarian Santa Cruz Public Library]
in the Patriot Act is ‘you can’t tell’. Which is terrifying really.

01:43:55 B-ROLL FOOTAGE: INT BOOKSTORE PAN AROUND BOOKS
[VOICE OVER: RYAN COONERTY]
What is allows the Government to do is to come in and subpoena your
[01:43:59 B-ROLL: INT. BOOKSTORE WOMAN AT COUNTER]
customer records to find out what books
[01:44:02 CU ON CLIPBOARD WITH PETITION ON PATRIOT ACT]
have been checked out and what books have been checked out or what books have been bought.
[01:44:05 RYAN COONERTY 100% LOWER THIRD: RYAN COONERTY Bookstore Owner]
That doesn’t allow the bookstore to contact a lawyer to fight it, it’s all done through foreign intelligence surveillance court, um. It doesn’t, doesn’t give us a chance to stand up for our customers.

01:44:16 ANNE TURNER 100%
At least when you get a subpoena from a local court because there’s reasonable cause to suspect that someone has broken the law and their library records would contribute to the investigation. That’s what the law used to be. At least you could tell anybody that you responded to the subpoena.

01:44:33 B-ROLL: EXT. BUILDING ZOOM INTO WOMAN LOOKING AT COMPUTER
NARRATOR:
And they don’t even need reasonable suspicion to obtain records on you. Employment records, medical records and even
[01:44:39 DISS TO: B-ROLL WOMAN AT ATM]
banking records.

01:44:42 B-ROLL: EXT. WELLS FARGO
DOUGLAS HELLER VOICE OVER:
The Government has deputized the banking industry to spy on American consumers.
[01:44:48 DISSOLVE TO: DOUGLAS HELLER 100% LOWER THIRD: DOUGLAS HELLER Executive Director Foundation for Taxpayer and Consumer Rights]
What we see is the possibility the banks, in their, in doing their policing duties for the Government are going to be looking who we are, finding out more information than they ought to.
[01:44:58 DISSOLVE TO: B-ROLL: STREET/EXT BANKS ATM]
It’s a very profitable place for them because they get to sell information about us. You just wonder, are you giving the wrong
[01:45:03 B-ROLL: ZOOM INTO EXT. BANK SIGN]
people too much authority.

01:45:07 NARRATOR:
Government agents can now check on
[01:45:09 DISS. TO B-ROLL HANDS ON KEYBOARD]
who you are sending email to,
[01:45:10 DIFF B-ROLL: HANDS ON KEYBOARDS]
who you are getting email from and what
[01:45:11 PAN ACROSS ‘CITIZEN CORP’ WEBSITE]
websites you visit by claiming it is relevant to an investigation.

DISSOLVE TO:

01:45:16 DAVID COLE 100%
[LOWER THIRD: DAVID COLE Professor of Law Georgetown University]
It requires no showing that the individual whose records are being sought actually engaged in, or had any connection to any kind of terrorist conduct. So it basically makes all of us vulnerable.

01:45:27 ROBERT BARR 100%
[LOWER THIRD: FORMER REP. ROBERT BARR [R] George]
When you look at the Patriot Act you’re struck by the fact that many of its provisions are not limited
[FADE OUT MUSIC]
to fighting
[01:45:34 DISSOLVE TO PAN OVER PATRIOT ACT DOCUMENT]
terrorism. They affect Federal criminal law and procedure generally.

DISSOLVE TO:

01:45:39 ANTHONY ROMERO 100%
Most Americans believe that the Patriot Act was focused on the War on Terror and yet, they’re surprised to find that there are portions of the Patriot Act that have nothing to do with the War on Terror. In fact there is one section of The Patriot Act
[FADE IN MUSIC]
that allows the Government to conduct ‘delayed notice searches.’ What we call ‘sneak and peak searches.’

01:45:54 LAURA MURPHY 100%
‘Sneak and Peek’ warrant’s are when the FBI wants to search your property and,
[01:46:00 B&W FOOTAGE CU DOOR KNOB AND TORCH]
even remove possessions and the Justice Department can delay notifying you. So you can think for weeks,
[01:46:06 LAURA MURPHY 100%]
even months that you’ve been victimized by a burglar when
[01:46:10 B&W FOOTAGE TORCH LIGHT, FOOT ON STAIRS
really, the Justice Department has sent agents into your home.

[AUDIO BEGINS OVER IMAGE]

01:46:16 DAVID COLE 100%
It gives the Government the power to get warrants for secret searches of homes
[FADE OUT MUSIC]
and secret wire-taps of phones without any showing of probable cause that an individual has engaged in criminal activity which is the usual constitutional minimum required.

01:46:32 ANTHONY ROMERO 100%
These Patriot Act powers are being used on ordinary petty crimes, on drug enforcement, on crimes that have had nothing to do with terrorism or the terrorist attacks on September 11th.

DISSOLVE TO:

01:46:42 CLOSE UP PAGE OF THE PATRIOT ACT
ANTHONY ROMERO VOICE OVER:
What much of the American public doesn’t fully understand is that the USA Patriot Act creates permanent changes to our nation’s laws.

DISSOLVE TO:

01:46:51 ANTHONY ROMERO 100%
More than 90% of the Patriot Act will remain
[FADE IN MUSIC]
as permanent law unless and until we change it.

[FADE TO BLACK]

[FADE IN:]

01:46:58 B-ROLL: US CONSTITUTION
NARRATOR:
“The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated and no warrant shall issue but upon probable cause.”
The Fourth Amendment to the Constitution.

FADE TO BLACK

FADE IN:
01:47:13 B-ROLL: EXT. STREET POLICE WALKING THRU CROWD OF PROTESTERS
01:47:18 B-ROLL: POLICE RIDING BIKES PASSED PROTESTERS
MARA VERHEYDEN-HILLIARD VOICE OVER:
The police and the Federal Law Enforcement Authorities working in coordination
[01:47:23 MARA VERHEYDEN-HILLIARD 100% LOWER THIRD: MARA VERHEYDEN-HILLIARD Partnership for Civil Justice]
are targeting political activists because of their speech, because of their thoughts because of their opposition to this administration.

01:47:29 ARCHIVE FOOTAGE: WS PRESS CONFERENCE
01:47:30 FOOTAGE: JOHN ASHCROFT SPEAKING AT PRESS CONFERENCE
JOHN ASHCROFT:
If a place is a place to which the public is invited, and in which the public is welcome, it is a place in which the FBI is welcome.

01:47:41 CNN FOOTAGE: INT: REP. JAMES SENSENBRENNER 100%
[LOWER THIRD: CNN: REP. JAMES SENSENBRENNER [R] WISCONSIN]
I believe that the Justice Department has gone too far in changing the domestic spying regulation that have been on the books for 25 years.

01:47:49 B-ROLL: EXT BUILDING
MARA RHEYDEN-HILLIARD VOICE OVER ONLY:
The Bush/Ashcroft Administration scrapped the restrictions on domestic spying.

[AUDIO OVERLAPPING]
01:47:58 SLO MO B-ROLL: PROTESTERS
UNIDENTIFIED FEMALE VOICE OVER:
The FBI is instructing local police officers to infiltrate [01:48:03 B-ROLL: PROTESTERS]
peaceful protesters.

01:48:06 CNN FOOTAGE: INT: REP. JAMES SENSENBRENNER 100%
[LOWER THIRD: CNN: REP. JAMES SENSENBRENNER [R] JUDICIARY CHAIRMAN]
I get very, very queasy when federal law enforcement is effectively saying, going back to the bad old days when the FBI was spying on people like Martin Luther King.

01:48:19 SLO MO B-ROLL: PROTESTERS BEING ARRESTED
MARA RHEYDEN-HILLIARD VOICE OVER:
They’re not hunting down or looking for what most people would define as ‘terrorism’.
[01:48:25 DISSOLVE TO MARA RHEYDEN-HILLIARD 100%]
They’re spending their money, their time, the hours of the officers looking after peace groups
[01:48:30 SLO MO B-ROLL OF POLICE IN RIOT GEAR]
and challenging peace groups and disrupting and surveilling peace organizations.

01:48:37 B-ROLL: PROTESTOR ARRESTED
PROTESTOR:
There are people in this country, millions of us who stand with the people of the world.
[01:48:42 FOOTAGE BECOMES DISTORTED AS THE POLICE OFFICER PUSHES THE CAMERA AWAY “Get that out of my face”]

01:48:46 B-ROLL: HANDCUFFS BEING REMOVED
MARA RHEYDEN-HILLIARD VOICE OVER:
In Colorado they had police officers in their midst getting arrested with them. One of the police
[01:48:49 FOOTAGE: SLO MO FOOTAGE MAN IN POLICE STATION]
officers had come to one of their meetings a night before an activity and, acting as an agent provocateur, had tried to encourage the group to take more aggressive and violent conduct towards the police.

[FREEZE ON MAN]

01:49:03 NARRATOR OVER IMAGE OF MAN
He called himself ‘Chris’, when in reality his name was Darren Christenson [?] of the Arapahoe County Sheriff’s Department. The group refused
[01:49:10 SLO MO FOOTAGE: DARREN CHRISTENSON]
to go along with his suggestion.
[01:49:16 SLO MO FOOTAGE: PEOPLE BEING LED BY POLICE]
When the others were being led away by the police, [01:49:18 FOOTAGE: OFFICERS SURROUNDING MAN]
Chris was caught on tape being greeted by fellow officers.

01:49:23 B-ROLL: AIRPLANE TOUCHING DOWN
NARRATOR CONTINUES:
A similar thing happened in Washington DC.

01:49:27 MARA RHEYDEN-HILLIARD VOICE OVER
There was an agent provocateur
[01:49:28 DISSOLVE TO: B-ROLL: PROTESTERS]
that came to a meeting of people planning to protest and proposed to them that they should plant
[01:49:25 DISSOLVE TO MARA RHEYDEN-HILLIARD 100%]
bombs on bridges or items that looked like bombs or call in bomb threats. And that was immediately rejected by the group of political activists who were there.
[01:49:45 DISSOLVE TO FOOTAGE OF PROTESTERS]
But of course people were coming to a meeting for the first and had to see someone in the meeting who says that, who appears to be one of the political activists but of course is just
[01:49:54 DISS. TO: FOOTAGE: POLICE OFFICE SHOOTING FOOTAGE OF PROTESTERS]
a police officer pretending to be a political activist, that has a hugely chilling affect on people organizing and people wanting to come back and participate with that group.

DISSOLVE TO:

01:50:03 SLO MO B-ROLL: AMERICAN FLAG
NARRATOR:
The actions of the police on the very first day that the Bush administration came to power perfectly illustrate the abuses that occur under Ashcroft’s objective.

01:50:10 FOOTAGE: GEORGE BUSH BEING SWORN IN
MARA RHEYDEN-HILLIARD VOICE OVER:
People came from across the United States to protest along the parade route, engage in a peaceful protest, chanting, [01:50:18 WS BUSH BEING SWORN INTO OFFICE]
holding signs, opposing the incoming administration. And the metropolitan police department
[01:50:22 FOOTAGE: POLICE WITHIN CROWD OF PROTESTERS]
deployed police officers, two of whom we caught on video, on an intelligence detail. On the video what you can see is two men entering the crowd, and these are
[01:50:33 SLO MO VIDEO FOOTAGE: OF POLICE PLAIN CLOTHED POLICE OFFICER WITHIN PROTESTERS: FREEZE ON TWO MEN]
two police officers in plain clothes. One of them is wearing camouflage with a hat pulled down low. The other one is wearing a red jacket and a full face black mask [01:50:43 DIFF SLO MO FOOTAGE OF PLAIN CLOTHED POLICE OFFICERS]
covering his face except for his eyes. They stalked through a crowd of peaceful protesters along the parade route beating
[01:50:50 FOOTAGE: PLAIN CLOTHED POLICE OFFICERS: HIGHLIGHTED IN CROWD]
and pepper spraying people.
[01:50:53: FOOTAGE: PEPPER SPRAY IS HIGHLIGHTED IN CROWD]
You can see the man in the red jacket shaking a can of pepper
[01:50:56: FOOTAGE: SLO MO MOVE INTO PEPPER SPRAY IN MAN’S HAND]
spray in his hand, which is government issued pepper [01:50:59: FOOTAGE: MAN WALKING THRU CROWD PUSHING PEOPLE]
spray. You can see him use the pepper spray,
[01:51:02: SLO MO FOOTAGE: FREEZE ON MAN SPRAYING PEPPER SPRAY]
spraying it in close range in people’s faces and eyes. You can also see him spraying it in wide bursts and this is into a crowd of peaceful protesters, people standing along the parade route, people engaging in classic first amendment protected activity and being attacked by the police department.

FOOTAGE OF POLICE AND PROTESTERS: AUDIO TRACK BROUGHT UP AND YELLS CAN BE HEARD. FOOTAGE BECOMES SLO MOTION.

[FADE TO BLACK]

FADE IN:

01:51:25 PAN OVER US CONSTITUTION
NARRATOR:
“Congress shall make no law abridging the freedom of speech or the right of the people to peacefully assemble.” The First Amendment to the US Constitution.

[FADE TO BLACK]

[FADE IN]

01:51:38 B-ROLL: EXT: BOAT HOUSE ALONG RIVER
MAN CARRIES BOAT ONTO RIVER.
[FADE OUT MUSIC]

NARRATOR:
This George Washington University graduate is a rowing champion. He’s the first African-American to win the US Nationals and he’s the first to win an International competition. He travels the world competing for the United States.

01:52:00 B-ROLL: AQUIL ABDULLAH ROWING
My name is Aquil Abdullah and it’s a Moslem name. My full name is Aquil Hashim Abdullah. “Aquil” means ”intelligent”, “Hashim” means “destroyer of evil” and “Abdullah” means “follower of God.”

NARRATOR:
He considers himself a Catholic, like his mother, but he was given a name that reflects his father’s faith.

[AUDIO BEGINS OVER FOOTAGE]
01:52:18 AQUIL ABDULLAH VOICE OVER:
Since 9/11 travel for me has been somewhat interesting.
DISSOLVE TO:
01:52:22 AQUIL ABDULLAH 100%
I was stopped, for the first time, at the airport in Philadelphia.
[01:52:26: B-ROLL: AIRPORT SECURITY]
They call over the airport police. It took about two hours and forty five minutes. It somewhat disturbed me but at the same time
[01:52:36: B-ROLL: MAN BEING CHECKED AT AIRPORT SECURITY]
I felt as though, “well maybe this is a good thing. We need to have something in place that protects people.”
[01:52:42 AQUIL ABDULLAH 100%]
But then it happened to me again and I wound up missing my flight.

DISSOLVE TO:

01:52:46 B-ROLL OF AIRPLANE TAKING OFF
NARRATOR:
Like most Americans, Aquil was
[01:52:49 DISSOLVE TO B-ROLL: SIGN “AUTHORIZED PERSONS ONLY”]
willing to accept added airport security measures, but why was it happening again and again.
[01:52:54 B-ROLL: BAGGAGE CHECK]
How could he clear his name?

01:52:56 B-ROLL: AIRPLANES
AQUIL ABDULLAH VOICE OVER:
I want to represent my country in every way, but whilst you’re on the plane
[01:53:00 DISSOLVE TO AQUIL ABDULLAH 100%]
you feel as though people are still looking at you as a possible threat.

DISSOLVE TO:

01:53:04 B-ROLL: PLANE IN SKY SUPERIMPOSED OVER DOCUMENT
NARRATOR:
It turned out his name had been put on a special list.
[01:53:07 DISSOLVE TO: B-ROLL: INT. SECURITY CHECK]
This was happening all over the US in a seemingly arbitrary fashion.

DISSOLVE TO:

01:53:12 B-ROLL: DAVID LINDORFF
[LOWER THIRD: DAVID LINDORFF Investigative Reporter and Author of “This Can’t Be Happening”]
NARRATOR CONTINUES:
David Lindorff broke the no-fly story in Salon Magazine.

01:53:16 DAVID LINDORFF 100%
You don’t get a lot of confidence that the transportation administration list is really doing anything to make us any safer especially when you see some of the ridiculous things [01:53:25 DISSOLVE TO: STILL PHOTO WOMAN]
that they’re doing. We have a 71 year old nun who was simply flying with some students to lobby their
[01:53:31 DISSOLVE TO STILL PHOTO: MAN]
congressman.

OVER STILL FOOTAGE OF MAN:
01:53:32 VOICE OVER: JAYASHRI SRIKANTIAN
Numerous people with the name David Nelson
[01:53:33 DISSOLVE TO JAYASHRI SRIKANTIAN 100%
LOWER THIRD: JAYASHRI SRIKANTIAN American Civil Liberties Union]
which is obviously a very common name, were stopped at the airport and questioned in connection with being on the no-fly list.
01:53:40 B-ROLL: AIRPORT SECURITY CHECK
DAVID LINDORFF VOICE OVER:
They stopped a guy who had the unfortunate name, Padilla, [01:53:44 DISSOLVE TO STILL PHOTO PADILLA]
the alleged ‘dirty bomber’, but he’d already been caught months before and was in a military brig
[01:53:50 DISSOLVE TO: B-ROLL: AIRPORT CHECK-IN]
in South Carolina.

01:53:52 JAYASHRI SRIKANTIAN VOICE OVER
Hundreds, or possibly thousands of innocent
[01:53:54 DISSOLVE TO B-ROLL: AQUIL ABDULLAH ROWING] people are stopped and detained at our airports because of their name, when in fact all of that does nothing
[01:54:00 DISSOLVE TO: B-ROLL: AIRPORT SECURITY]
to improve security.

01:54:03 NARRATOR OVER FOOTAGE:
Many of the individuals who have been stopped are people who’ve been critical of the Bush administration’s policies.
[FADE IN MUSIC]
[AUDIO BEGINS OVER FOOTAGE]

01:54:08 BARBARA OLSHANSKY VOICE OVER
I got stopped at the screening machines.
[01:54:12 DISSOLVE TO BARBARA OLSHANSKY 100%]
And I, I guess they asked me some questions and they looked at my ID and then, the next thing I knew is they told me they wanted to search me.
[01:54:20 DISSOLVE TO: B-ROLL OF AIRPORT SECURITY CHECK]
There’s little screen that’s there, that’s like a two partition screen, and they tell me
[01:54:24 DISSOLVE TO BARBARA OLSHANSKY 100%]
to go behind the screen. And I go behind the screen and, you know, it blocks [HAND DESCRIPTION] your view from the people coming in this way [MOTIONS AWAY], it doesn’t block your view this way. [MOTIONS TOWARDS HERSELF].
Well I didn’t really know what they were going to do is, not only make me take off my jacket and everything else I was wearing but they made me pull my pants down. Um, and ah, and you know, I had my shoes off, my pants were down around my ankles and, you know, there’s people walking this way [HAND MOTIONS TOWARDS HERSELF], and there’s nothing screening me from the rest of the airport this way
[HAND MOTION FADE OUT MUSIC]
so it’s, you know, a little show there.

DISSOLVE TO:

01:54:55 B-ROLL: PLANE TAKING OFF
[FADE IN MUSIC]
NARRATOR:
The government has now decided everyone will get a terrorism risk assessment. But who is going to sort through the data of the millions of Americans who fly and what will be the criteria used to decide who poses a risk?

01:55:09 SLO MO: B-ROLL: SHERIFF MARINE
NARRATOR CONTINUES:
Besides overloading law enforcement with useless information, these techniques reinforce the feeling that no one has a real plan for catching terrorists and that everyone is a suspect.
[01:55:19 DISSOLVE TO: B-ROLL: CU BOOK “THE TEN THINGS YOU CAN’T SAY IN AMERICA”]
The end result is a country of Americans ratting on each other, turning each other in, calling the police. [01:55:26 DISSOLVE TO SLO MO B-ROLL: PAN ALONG LIBRARY SHELVES TO REVEAL ANDREW O’CONNOR]
It happened to Andrew O’Connor in Utah when a security guard overheard him say something the guard thought was dangerous, in a college library.

01:55:35 B-ROLL: CU HAND ON COMPUTER KEYBOARD
ANDREW O’CONNOR [BEGIN IN VOICE OVER:]
A girl sat down next to me and she had a “no war”
[01:55:38 B-ROLL: HAND ON COMPUTER MOUSE]
button on. [FADE OUT MUSIC]
And
[01:55:40 ANDREW O’CONNOR 100% LOWER THIRD: ANDREW O’CONNOR Former Public Defender]
I said, “you know, George Bush is out of control.” [01:55:44 DISSOLVE TO B-ROLL: O’CONNOR USING COMPUTER]
I would guess probably, thirty minutes later, I looked over my shoulder and there were four
[01:55:48 DISSOLVE TO: O’CONNOR 100%]
Santa Fe police officers standing behind me, and the one, the one officer
[01:55:53 DISSOLVE TO VERITE FOOTAGE INSIDE LIBRARY]
says to me, “Stand up.
[FADE IN MUSIC]
Put your hands behind your back.”

DISSOLVE TO:

01:55:56 B-ROLL: AJ BROWN AT DOOR OF APARTMENT
NARRATOR:
And A.J. Brown, a student in North Carolina,
[01:56:00 B-ROLL: POSTERS INSIDE APARTMENT]
found agents at her door,
[01:56:01 CU STICKER: “DON’T STEAL THE GOVERNMENT HATES COMPETITION”]
eager to inspect a tip they had about
[01:56:03 B-ROLL: CU A.J. IN FRONT OF POSTER]
un-American activities going on inside her apartment.
[01:56:05 CU POSTER GEORGE BUSH SURROUNDED BY HANGING BODIES WITH WORDS “WE HANG ON YOUR EVERY WORD”]
They were referring to this poster.

[BEGINS OVER IMAGE]

01:56:09 A.J. BROWN
They flipped out their badges,
[01:56:10 A.J. BROWN 100% LOWER THIRD: A.J. BROWN Student]
and, um, they said that they were from the Raleigh Department of the Secret Service Branch and what not, and I was like, “whoa”.

DISSOLVE TO:
01:56:19 B-ROLL: PEOPLE WALKING
NARRATOR:
It got to the point where ratting on each other had became institutionalized
[01:56:26 B-ROLL: UNIDENTIFIABLE SIGN]
with the creation of T.I.P.S, The ill-conceived
[01:56:30 B-ROLL: POSTAL BOXES]
Terrorism Information and Prevention System.

01:56:33 DAVID LINDORFF VOICE OVER
The idea was they were going to try to get
[01:56:36 DISSOLVE TO: DAVID LINDORFF 100%]
people in ah, jobs like
[01:56:38 B-ROLL: WORKMEN WITH TRUCK]
electric meter readers, telephone repairmen,
[01:56:41 B-ROLL: FED EX DELIVERY PERSON]
UPS delivery people, people in transportation, like bus drivers
[01:56:46 HIGH SPEED B-ROLL: BUSES, CARS AND TAXIS]
and taxi drivers, and then
[01:56:48 DISSOLVE TO: MOVING SHOT ALONG STREET OF HOUSES]
home owners, just people to report on their neighbors. All these people would report any suspicious activity.
[01:56:55 DISSOLVE TO: PEOPLE WALKING IN STREET]
20 million Americans spying on each other. That was sort of the target number they were looking for.
[01:56:59 DIFF SHOT OF PEOPLE WALKING]
[01:57:00 MOVING SHOT OF PEOPLE WALKING IN STREET]
In order to see what was going on with the TIPS program
[01:57:03 DAVID LINDORFF 100%]
I signed up to be a volunteer.
[01:57:05 DISSOLVE TO: WEB PAGE]
They had an online signup and
[01:57:08 DISSOLVE TO WEB PAGE SIGNUP TO TIPS PROGRAM]
I must have waited several weeks.
[01:57:09 B-ROLL: DAVID LINDORFF ON COMPUTER]
I was anxiously hoping to get my
[01:57:11 B-ROLL: CU HANDS ON KEYBOARD]
decoder ring and my spy kit and nothing came so, after a while I called the Justice Department and the woman said,
[01:57:20 DAVID LINDORFF 100%]
“Well, we have set up, with the FBI, this 1800 number for you to call.”
[01:57:24 B-ROLL: MS PHONE]
So I dialed the 800 number and I got
[01:57:27 B-ROLL: CU PHONE]
this perky woman’s voice saying,
[01:57:29 DAVID LINDORFF 100%]
“America’s Most Wanted.” And, I was taken aback and I asked, “Isn’t this the FBI. I thought I was calling the FBI.” And she said,
[01:57:38 ANIMATED LOGO “AMERICA’S MOST WANTED”]
“No, this is the Fox TV program, America’s Most Wanted.
[01:57:43 DAVID LINDORFF 100%]
We’re working with the Justice Department on the TIPS program.” So, this is sort of the ultimate in privatization, turning over this whole intelligence operation to Fox TV.

01:57:55 B-ROLL: CU AND PULL OUT ON SALON.COM WEBPAGE
NARRATOR:
The FBI denied using FOX TV but Lindorff and Salon Magazine stand by the story. Shortly after it hit the press, the Justice Department killed the program.

DISSOLVE TO:

01:58:05 B-ROLL: CITIZEN CORPS WEB PAGE: ZOOM INTO OPERATION TIPS
VINCENT CANNISTRARO VOICE OVER:
This kind of process which the Law Enforcement people call ‘shaking the trees’,
[01:58:10 VINCENT CANNISTRARO 100% LOWER THIRD: VINCENT CANNISTRARO Former CIA Director for Counter Terrorism and Operations Analysis]
that might have been, maybe, minimally acceptable in the couple of weeks after September 11th but, you know, two years later it is not [FADE OUT MUSIC]
because it hasn’t done anything.

01:58:22 B-ROLL: EXT. REEF SEEKERS BUILDING
NARRATOR:
Another instance of “shaking the trees”
[01:58:24 B-ROLL: SIGN ON WINDOW “DIVE SAFETY”]
[01:58:57 B-ROLL: DISSOLVE TO: MAN LIFTING SCUBA GEAR]
has taken place in scuba diving shops all across
the country.

01:58:29 KEN KURTIS VOICE OVER FOOTAGE:
We got a phone call from the LAPD on behalf of the FBI and
[01:58:33 B-ROLL: HOLDING PAPERS WITH “UNITED STATES DISTRICT COURT” CLEARLY WRITTEN ON TOP]
they served us with a subpoena.
[01:58:35 KEN KURTIS 100%: LOWER THIRD: KEN KURTIS Owner, Reefseekers]
The subpoena was worded in such a way that they said they wanted the names of all of our customers for the last three years.
[01:58:41 B-ROLL: REEKSEEKERS’ MERCHANDISE: T-SHIRTS]
That would include people who’ve done scuba training.
[01:58:44 B-ROLL: REEFSEEKERS’ MERCHANDISE: TILT UP BOOKS]
That would include people come in and bought a book.
[01:58:46 KEN KURTIS 100%]
If you came in and
[01:58:47 B-ROLL: REEFSEEKERS’ MERCHANDISE: TILT UP SNORKELS]
were interested in buying a snorkel,
[01:58:48 B-ROLL: REEFSEEKERS’ MERCHANDISE: SNORKEL]
then I had to turn over your name over to the
[01:58:52 B-ROLL: ON BOAT: MAN IN SCUBA GEAR ENTERING WATER]
FBI. The thought was that terrorists were going to
[01:58:56 B-ROLL: UNDERWATER: SCUBA DIVERS]
train themselves as scuba divers,
[01:58:59 B-ROLL: DISSOLVE TO: DIFF ANGLE: UNDERWATER: SCUBA DIVERS]
swim into ports and harbors and blow
[01:59:02 B-ROLL: UNDERWATER: SCUBA DIVER LOOKING INTO CAMERA]
things up.
[01:59:04 KEN KURTIS 100%]
Basically you’re talking about training people like Navy Seals, trained for years and years and years, and a lot of them can’t do this.
[01:59:10 B-ROLL: UNDERWATER: SCUBA DIVERS]
It’s, it’s an incredibly complex skill.
[01:59:15 DISSOLVE TO: B-ROLL: EXT. REEFSEEKERS, THRU WINDOW KEN KURTIS LOOKING AT PAPERS]
And I think if anybody, you know, said, “this sort of makes sense” and you think there’s a plot going on, you’re going to be happy to cooperate.
[01:59:22 KEN KURTIS 100%]
But, again, this was just such a broad-based fishing expedition, that, it’s, it’s a waste of their time, as well as a, a terrible infringement upon, you know, constitutional guarantees that have been in place for over 200 years.
[01:59:34 B-ROLL: SLO MO SHOT OF SUBPOENA]
And so at that point we said flat out, “we will not give you any names
[01:59:38 B-ROLL: SLO MO DIFF SHOT OF SUBPOENA]
from our customer database because we feel
[01:59:41 B-ROLL: WS KEN KURTIS SITTING AT DESK]
that the subpoena violated our 4th Amendment Rights to Unreasonable Search and Seizure.”
[01:59:47 B-ROLL DISS. TO: INT. EMPTY COURTROOM]
So when we said to them, “we want to go before a Judge.” They really balked.
[01:59:53 B-ROLL: HAND HOLDING SUBPOENA]
Our Attorneys went back and forth a couple of times, and finally, they withdrew
[01:59:56 B-ROLL: DISS TO: UNDERWATER SHOTS OF FISH. BECOMES SLO MOTION]
the subpoena. Had they gone to court and lost, which I think they would have, the problem is this voluntary cooperation is suddenly gonna to dry up. It would set a precedent. They do not have a right to get
[02:00:10 DISS TO: KEN KURTIS 100%]
certain information. They are not allowed to ask you, “give me all your names,” nor do you have to comply.

[FADE IN MUSIC]

02:00:15 B-ROLL: EXT. SANTA CRUZ PUBLIC LIBRARY
ANNE TURNER VOICE OVER:
Attorney-General Ashcroft
[02:00:18 B-ROLL: LIBRARY COUNTER: PERSON CHECKING OUT BOOKS]
accused librarians of being
[02:00:21 ANNE TURNER 100% LOWER THIRD: ANNE TURNER Librarian Santa Cruz Public Library]
“hysteric” about the Patriot Act. And, um, when you understand
[02:00:26 B-ROLL: LIBRARY: CU SIGN “INTERNET SIGN UP” TILT DOWN TO PEOPLE READING AT TABLE. FOLLOW LIBRARIAN AS SHE WALKS THRU LIBRARY]
all the libraries in the country that had been visited by FBI agents wanting information, I don’t think that their response was
[02:00:35 B-ROLL PU LIBRARIAN AS SHE ENTERS BACKROOM AND WALKS TO SHREDDER AND SHREDS PAPER. SHE SMILES TO CAMERA]
hysteric at all. The FBI or somebody can’t subpoena want we don’t have. Lots of libraries across the country are shredding their records just as we are.
[02:00:49 B-ROLL: LIBRARY CU WARNING SIGN RE: PRIVACY WITH PERSON CHECKING OUT BOOKS IN B.G.]
The second thing we did was to post warning signs,
[02:00:53 B-ROLL: CU AND TILT DOWN WARNING SIGN]
alerting our patrons to the fact that we were no longer going to be able to protect their constitutional right to privacy.
[02:01:00 ANNE TURNER 100%]
Most people really believe that public libraries um, are sacred institutions where what they go in and read is nobody’s business but their own.

DISSOLVE TO:

02:01:08 B-ROLL: SLO MO FOOTAGE OF LIBRARIAN CHECKING OUT BOOK FOR CUSTOMER

VOICE OVER – MALE LIBRARIAN:
“If this nation is to be wise as well as strong, if we are to achieve our destiny then we need more new ideas from more wise men, reading more good books in more
[02:01:20 B-ROLL: PAN FROM LIBRARY TO REVEAL SIGN “OPEN TO ALL”]
public libraries. These libraries should be open to all, except the censor. Let us welcome controversial books and controversial authors. For the Bill of Rights is a guardian of our security as well as our liberty.”
[02:01:32 DISS TO: MALE LIBRARIAN 100% IN LIBRARY]
John F. Kennedy.

02:01:33 B-ROLL FOOTAGE: PROTEST MARCH: “PROTECT OUR BILL OF RIGHTS”

NARRATOR:
Non-compliance has become
[02:01:36 B-ROLL: PROTESTORS MARCHING]
a watchword as communities across
[02:01:38 B-ROLL DIFF SHOT: PROTESTORS MARCHING, FLOAT WITH LARGE SIZED PATRIOT ACT ON TRUCK]
America fight back against the destruction of civil liberties.

02:01:43 DAVE MESERVE VOICE OVER FOOTAGE:
The “Oath of Office”, as a city counsel-person, is to defend and uphold the
[02:01:48 DAVE MESERVE 100% LOWER THIRD: DAVE MESERVE Arcata City Council Member]
Constitution, against all enemies domestic and foreign.
[02:01:51 B-ROLL: EXT. DEPARTMENT OF JUSTICE BUILDING]
And it’s time to take back the government
[02:01:53 B-ROLL: EXT. OFFICE OF THE ATTORNEY-GENERAL]
from an executive branch that is running berserk.

DISSOLVE TO:
02:01:56 B-ROLL: EXT. ARCATA CITY HALL BUILDING
NARRATOR:
Dave Merserve sponsored a resolution making
[02:02:00 B-ROLL: ARCATA STREETS AND SIGNS]
Arcata, California, a civil
[02:02:02 B-ROLL: WOMAN WALKING DOWN ARCATA STREET]
liberties safe zone from the Patriot Act.

02:02:04 B-ROLL: POLICE CAR DRIVING DOWN STREET
DAVE MERSERVE: VOICE OVER
If the police are requested, by Federal Agents,
[FADE OUT MUSIC]
to participate in a search or an arrest procedure
[02:02:10 B-ROLL: POLICE PERSON ENTERING CAR]
that they perceive to be possibly unconstitutional, then
[02:02:15 DISS TO: B-ROLL EXT: POLICE STATION]
it is incumbent upon them, under our ordinance, to refuse to cooperate, at that time,
[02:02:20 B-ROLL: EXT: ARCATA CITY HALL BUILDING]
and to immediately notify the council that they’ve been asked to do that.
[02:02:25 B-ROLL: TRAVELING SHOT OF ARCATA STOREFRONTS]
[FADE IN MUSIC]
What we need to do is band together, in States, in municipalities, and say, “not in our towns, you don’t enforce these unconstitutional laws.”

DISSOLVE TO:

02:02:35 B-ROLL: TRAVELING SHOT RUNDOWN HOUSES
WOMAN SPEAKING IN VOICE OVER:
Fear strikes really close to home, it is a local issue and we’ve had quite a bit, quite enough of it in this
[02:02:43 ARCHIVE FOOTAGE: CITY COUNCIL]
community since the Patriot Act was passed.
[02:02:45 ARCHIVE FOOTAGE: WOMAN SPEAKING BEFORE EUGENE CITY COUNCIL]
I will submit to you, the Eugene City Council, that courage is the antidote to fear, and I really urge you to have the courage to pass this resolution of the
[02:02:45 ARCHIVE FOOTAGE: LOWER THIRDS: EUGENE CITY COUNCIL PUBLIC FORUM]
Lane County Bill of Rights Defense Committee
[02:02:58 ARCHIVE FOOTAGE: COUNCIL-MAN:FARR: LOWER THIRD: FARR, November 25, 2002 Eugene City Council]
which opposes the
[02:03:01 ARCHIVE FOOTAGE: WOMAN SPEAKING: LOWER THIRD: Eugene City Council Public Forum]
portions of the Patriot Act that are against the Constitution, that are, um, against our rights under the Bill of Rights.

02:03:07 ARCHIVE FOOTAGE: EUGENE CITY COUNCIL PUBLIC FORUM
COUNCIL-MAN MEISNER: LOWER THIRD: MEISNER Eugene City Council Public Forum]
MALE VOICE OVER:
You can say to yourself, “well it’s not going to
[02:03:09 DISS TO: B-ROLL EXT. PRISON]
affect me. I don’t have any political
[02:03:11 DISS TO: B-ROLL: EXT. PRISON TIGHTER SHOT]
dissident views. It’s not going to affect
[02:03:14 DISS TO: PRISON WINDOW TO REVEAL PERSON WAVING]
me. I’m not an immigrant. It’s not going to affect me.
[02:03:18 B-ROLL: SLO MO: STREET POLICE CAR]
I’m not going to be investigated by the State or the police. It’s not going to affect me.
[02:03:24 B-ROLL: SLO MO PEOPLE WALKING IN STREET]
I’m not going to be a subject to any searches or seizures.”
[02:03:28 ARCHIVE FOOTAGE: ARMY TRUCK EXITING GATE]
Throughout our history, that, that sort
[02:03:00 ARCHIVE FOOTAGE: IMMIGRANTS EXITING BUS]
of philosophy has not really made America move forward, it’s held America back.
[02:03:36 B-ROLL AQUIL ABDULLAH ROWING]
With that philosophy, certain people would be interned.
[02:04:40 DISS TO: MAN 100% SPEAKING AT EUGENE CITY COUNCIL PUBLIC FORUM]
Oh God, certain people are about to become interned.
[FADE OUT MUSIC]

02:03:43 ARCHIVE FOOTAGE: EUGENE CITY COUNCIL CLOSE UP ON VOTING BOARD
COUNCIL: VOICE OVER:
Motion carries unanimously.
PEOPLE CLAP AND CHEER.

02:03:48 ARCHIVE FOOTAGE: PAN AROUND CITY COUNCIL ROOM TO REVEAL PUBLIC CLAPPING AND CHEERING.

SLOW DISSOLVE TO:

02:03:56 B-ROLL: NAMES OF STATES SUPERIMPOSED OVER CROWD CHEERING

NARRATOR:
Now four states and more than 300 municipalities have joined the cities of Arcata and Eugene in passing resolutions against the Patriot Act.

02:04:06 DAVE MERSERVE (?) VOICE OVER FOOTAGE:
We were very amused by comments from a Justice Department spokesmen who says that “obviously Federal Law trumps Local Law.” If the Federal Government would like to
[02:04:15 ARCHIVE FOOTAGE: EUGENE CITY COUNCIL: PEOPLE STILL CHEERING] [FADE IN MUSIC]
come and say
[02:04:16 DISS TO: B-ROLL: EXT. HOUSE OF CONGRESS]
that somehow they are going to make us withdraw our ordinance, to quote our President, I say, “bring ‘em on.”

DISSOLVE TO:

02:04:24 B-ROLL: AMERICAN FLAG SUPERIMPOSED WITH ARMY HELICOPTER

[02:04:32 VINCENT CANNISTRARO VOICE OVER:]
We’ve always thought of ourselves as the ‘city on the hill’, the model, the democracy that we would like to disseminate throughout the world.
[02:04:39 DISSOLVE TO: VINCENT CANISTRARO 100%]
And yet, by our actions after September 11th, we have destroyed that model.

DISSOLVE TO:
02:04:44 STILL PHOTO: JOSE PEDILLA
ANTHONY ROMERO VOICE OVER:
The designation of ‘enemy combatants’, the
[02:04:47 DISSOLVE TO: B-ROLL INT. PRISON]
“hold until clear” policy,
[02:04:49 B-ROLL: FRONT PAGE OF GENEVA CONVENTION]
the disregard of the Geneva Convention,
[02:04:51 FOOTAGE: UNDERCOVER POLICE PEPPER SPRAYING PROTESTORS]
the infiltration of groups and First Amendment activities;
[02:04:54 DISS TO: ANTHONY ROMERO 100%]
all of that happened without Congresses’ say-so, input and without a public debate about whether or not the government was going too far, too fast.

DISSOLVE TO:
02:05:02 STILL PHOTO: PRISONER

DISSOLVE TO:

02:05:06 B-ROLL: HOUSE OF CONGRESS
UNIDENTIFIABLE MALE VOICE OVER:
This is not an issue of the Left and the Right.
[02:05:09 DISS TO: B-ROLL: STATUE OF LIBERTY]
This is an issue of our basic freedoms.

DISSOLVE TO:

02:05:12 B-ROLL: CU STATUE

DISSOLVE TO:
02:05:17 B-ROLL: SHOT FROM ABOVE, PEOPLE PROTESTING IN STREET

DISSOLVE TO:

02:05:23 B-ROLL: PEOPLE PROTESTING, DIFF ANGLE
UNIDENTIFIED MALE VOICE OVER:
Some of our values aren’t written
[02:05:26 SUPERIMPOSE CONSTITUTION OVER IMAGE OF PROTESTORS]
in paper but have been establish and
[02:05:28 DISS. TO: WS OF STATUE OF LIBERTY]
grown through our, our history and the
[02:05:32 DISS TO: PAINTING OF FOREFATHERS]
intangible value that make America great and have the presence around the world that it does, and
[02:05:37 DISS TO: B-ROLL:SLO MO FOOTAGE OF CITY]
be looked to as a leader. We need to stick to those intangible values as well.

DISSOLVE TO:

02:05:44 B-ROLL: BUS WITH SIGN “WE WILL NEVER FORGET 9/11”

DISSOLVE TO:
02:05:47 B-ROLL: TRAVELING SHOT OF EXT. HOUSES
UNIDENTIFIED VOICE OVER:
The United States really is different
[02:05:49 B-ROLL: MAN SURFING A LARGE WAVE]
from other countries. We’re not like France, or England or Japan. We’re not
[02:05:52 B-ROLL SLO MO: FIVE PEOPLE STANDING TOGETHER]
bound together by a common race or a common religion.
[02:05:55 DISS TO: KEN KURTIS THRU WINDOW OF REEFSEEKERS STORE]
What binds this country together are our
[02:05:58 DISS TO: B-ROLL: AMERICAN FLAG AND STATUE OF LIBERTY]
principles; most importantly democracy, fairness and the Rule of Law.

DISSOLVE TO:

02:06:03 B-ROLL: MAN BEING CHECKED AT AIRPORT SECURITY

02:06:05 ANTHONY ROMERO VOICE OVER:
The American public has to remind itself
[02:06:08 ARCHIVE FOOTAGE: ASHCROFT, BUSH, CHENEY AT PRESS CONFERENCE]
not just what it is that we’re fighting against,
[02:06:12 DISS. TO: ARCHIVE FOOTAGE: B&W FOOTAGE OF PEOPLE WAVING, STATUE OF LIBERTY IN B.G.]
but what we are fighting for.
[02:06:15 DISS TO: ARCHIVE B&W FOOTAGE: CU STATUE]
These core values that define us as a country are what makes us strong as a nation.
[02:06:21 DISS TO: B-ROLL: HOUSE OF CONGRESS]
They’re not our weakness.

FADE TO BLACK:

02:06:30 CLOSING CREDITS:
WHITE TEXT OVER BLACK
A Film by
Nonny de la Peña

02:06:34 CLOSING CREDITS:
WHITE TEXT OVER BLACK
Executive Producers
Robert Greenwald
Earl Katz
Dan Raskov

02:06:38 CLOSING CREDITS:
WHITE TEXT OVER BLACK
Sponsored by the
American Civil Liberties Union

02:06:42 CLOSING CREDITS:
WHITE TEXT OVER BLACK
Associate Producer
Andrea Boeck

02:06:46 CLOSING CREDITS:
WHITE TEXT OVER BLACK
Music by
Michael Brook

02:06:50 CLOSING CREDITS:
WHITE TEXT OVER BLACK
Narrator
James Hanes

02:06:53 BECOME ROLLING CREDITS
WHITE TEXT OVER BLACK
Editors
Joseph G. Bini
Greg Byers

Additional Editing
Stephen Brown
Nonny de la Peña
Jeff James

Assistant Editor
Todd McClintock

Field Directing
Greg Byers
Bestor Cram
Marsha Zeesman

Directors of Photography
Bestor Cram
Jennifer Lane

Additional Photography
Mike Elwell
Jay Farrington
Jeremy Leach
Vic Losick
Palash Dave
Lenny Rotman
Sheila Smith

Sound Designer
John Osbourne

Additional Sound
Jay Farrington
Matthew Jackson
Kathryn Kornitoff
Keith A. Olsen
Huge Scott
Bill Wander

Music Supervisor
Liza Richardon

Music Coordinator
Harold Cane

Music Editor
Christopher Tin

Production Assistants
Heather Fine
Jason Hoag

“Amazing Grace”
Arranged by Ani DiFranco
Performed by Ani DiFranco
Courtesy of Righteous Babe Records

End Credits Piano
Written and Performed by Deanna Watkins

Additional Footage Provided by
American Civil Liberties Union
APTN
CNN
Copwatch
Jessica Ferrato
Greg Byers Productions
Partnership for Civil Justice

Archive Research

Andrea Boeck
Nicole Zaray Kelly

Archive Licensing
Lia Bassin

Legal Services Provided by
Michael Leslie

Post Production facilities
One World Post

Post Production Sound Services

Wildwoods Los Angeles, CA

Production rental provided by

PGR – Production Gear Rental
Andrew Davis

Re-Recording Mixer
Tim Brown

Supervising Sound Editor
Ryan Owens

Sound Editor
Mark Jasper

Narration Record
Aaron Holmlund-Rosapepe

Machine Room Operator

Johnathon Iglesias

End Poem by
Stephen Rohde

Speak Thanks to

Robert Abernathy
The Arca Foundation
Marcos Barron
Lia Bassin
Angelina Benson
Heather Thomas Brittenham
Skip Brittenham
Dante Brown
Mary Helen and Raymond Brown
Stephen Brown
Tita Brown
Michael Curran
Rosemary de la Peña
Lisa Dolan
Lucy Erickson
Scott Fischer
Alison Kiehl Friedman
Anne Kiehl Friedman
Robert E. Friedman
Scott Gordon
Kristina Kiehl
Eric Koli
Kevin, Opal and Rafael Lambert
Norman and Lyn Lear
Beth Lilly
Ernesto Matamoros
Grant Nemirow
Kate Redman
Alix Ritchie
David Ryer
Devin Smith
Lisa Smithline
Amy Sommer
Steven and Mary Swig
The Streisand Foundation
Marge Tabankin
Sarah Teale
Beth Tribolet
Ben Wizner
Rita Zawaldeh
Marsha Zeesman

WWW.UNCONSTITUTIONALTHEMOVIE.ORG

FADE TO BLACK

END OF PROGRAM: 02:08:15