February 23, 2006

Bruce Wick to Russ Feingold

An Open Letter to
 
Senator Russ Feingold
 
From
 
 Bruce Tyler Wick
 
 
22 February 2006


"[T]hat begs the question: how can the US public be convinced to enter a potentially ugly and protracted war in Iran?  A domestic terrorist attack would do the trick. Just consider how long Congress went back and forth over reauthorizing Bush's Patriot Act, but how quickly opposing senators capitulated following last week's nerve-agent scare in a Senate building. The scare turned out to be a false alarm, but the Patriot Act got the support it needed." ["WW III or Bust:  Implications of a US attack on Iran," by Heather Wokusch,Common Dreams, 18 February 2006].

RUSS FEINGOLD, ESQ.
US Senate
517 East Wisconsin Ave., Room 408
Milwaukee, WI  53202-4504

RE:  GOAL LINE DEFENSE--"PATRIOT ACT" RENEWAL

Dear Senator Feingold:

In Saturday’s (18 February 2006) Boston Globe, Robert Kuttner says we should follow your lead, regarding opposition to renewal of the so-called Patriot Act.  I agree with that; and to assist you in that leadership role, respectfully offer the following suggestion.

The Senate’s ability to protect itself and its members from violence may well be regarded as the first of its privileges.  See, Elements of theLaw and Practice of Legislative Assemblies in the United States of America,by Luther Stearns Cushing, §§611(7) and 1499.  No doubt that "privilege"is also a duty, since the lives and liberties of millions depend upon the US Senate’s ability "to provide for its safety and the undisturbed transaction of its business."  [Ohio Constitution II §6, "Powers of each House"].

A "false alarm" is nevertheless an alarm.  Initially at least, the alarm was treated as genuine, heralding either a chemical or biological attack upon persons in the Senate building--as a result of which I understand, the building was evacuated for a time. 

Moreover, the alarm, false as it eventually proved, is said to have changed Senators’ minds and votes on the issue of renewing the Patriot Act.

Put another way, incontinent alarms are themselves breaches of privilege,because they disrupt and intimidate.  Why should false alarms, generated by machinery, be treated any differently than false alarms by the presiding officer?  What would we think of, or do about, a chairman, who cleared the Senate chamber on the pretext of some emergency, whenever a vote appeared to be going against him?

Unless the Senate can secure, or speaking practically, better secure,the safety of its members and staff; it should cease meeting.  No good can possibly come from its sessions, while its concurrence in bad measures, mischief and harm (such as the Patriot Act) will be readily obtained.

My personal view.  Congress should meet somewhere else than Washington, DC, for the duration of this crisis.

Respectfully,

BRUCE TYLER WICK
Attorney at Law
24600 Center Ridge Road #115
P.O. Box 451001
Westlake, Ohio 44145
Phone: 440-899-9425
Fax:     440-899-9424
 
 
 
 
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