Omnibus Counterterrorism Bill
                   S. 390 and H.R. 896

     New FBI Charter to Investigate Political Groups

February 10, 1995 the Omnibus Counterterrorism Bill was introduced
as S. 390 into the Senate and as H.R. 896 in the House.  It was
initiated by the FBI, and passed on by the Justice Department and
the White House.  Senators Biden (D-DE) and Specter (R- PA)
initiated it in the Senate, Rep. Schumer (D-NY) and Dicks (D-WA)
in the House.  It has bipartisan support and could get expedited
action.

SUMMARY
*  THIS IS A GENERAL CHARTER FOR THE FBI AND OTHER AGENCIES,
INCLUDING THE MILITARY, TO INVESTIGATE POLITICAL GROUPS AND
CAUSES AT WILL.  The bill is a wide-ranging federalization of
different kinds of actions applying to both citizens and
non-citizens.  The range includes acts of violence (attempts,
threats and conspiracies) as well as giving funds for
humanitarian, legal activity.

*  It would allow up to 10 year sentences for citizens and
deportation for permanent resident non-citizens for the "crime" of
supporting the lawful activities of an organization the President
declares to be "terrorist", as the African National Congress, FMLN
in El Salvador, IRA in Northern Ireland, and PLO have been
labelled.  It broadens the definition of terrorism.  The
President's determination of who is a terrorist is unappealable,
and specifically can include groups regardless of any legitimate
activity they might pursue.

*  It authorizes secret trials for immigrants who are not charged
with a crime but rather who are accused of supporting lawful
activity by organizations which have also been accused of
committing illegal acts.  Immigrants could be deported: 1) using
evidence they or their lawyers would never see, 2) in secret
proceedings 3) with one sided appeals 4) using illegally obtained
evidence.

*  It suspends posse comitatus - allowing the use of the military
to aid the police regardless of other laws.

*  It reverses the presumption of innocence - the accused is
presumed ineligible for bail and can be detained until trial.

* It loosens the rules for wiretaps.  It would prohibit probation
as a punishment under the act - even for minor nonviolent
offenses.

IMPLICATIONS
*  Those who remember the McCarran Walter Act will recognize this
bill, only in some ways this is broader and potentially more
dangerous

*  This bill is highly political:  the President can determine who
is a terrorist and change his/her mind at will and even for
economic reasons.  The breadth of its coverage would make it
impossible for the government to prosecute all assistance to
groups around the world that have made or threatened to commit
violent acts of any sort.  Necessarily its choices would be
targeted at organizations the government found currently
offensive.  People to be deported would be chosen specifically
because of their political associations and beliefs.

* The new federal crime:  international terrorism doesn't cover
anything that is not already a crime.  As the Center for National
Security Studies notes: "Since the new offense does not cover
anything that is not already a crime, the main purpose of the
proposal seems to be to avoid certain constitutional and statutory
protections that would otherwise apply."

*  While many provisions of this bill could well be found
unconstitutional after years of litigation, in the mean time the
damage could be enormous to the First Amendment and other
constitutional rights including presumption of innocence and right
to bail.

 THE BILL HAS BEEN REFERRED TO JUDICIARY COMMITTEES OF EACH HOUSE.
ONLY THE NEW YORK TIMES HAS AS YET NOTICED THE BILL - A 2/24/95
ANTHONY LEWIS COLUMN.  OTHER PAPERS SHOULD BE ALERTED.

FOR MORE INFORMATION:
      Kit Gage, Washington Liaison, National Lawyers Guild
      3321-12th St., NE, Washington DC  20017 202-529-4225, fax
      202-526-4611, e-mail: kgage@igc.apc.org