The American
Freedom
Agenda’s (AFA) mission is twofold: the enactment of a cluster
of statutes that would restore the Constitution’s checks and
balances as enshrined by the Founding Fathers; and, making the subject
a staple of political campaigns and of foremost concern to Members of
Congress and to voters and educators. Especially since 9/11,
the executive branch has chronically usurped legislative or judicial
power, and has repeatedly claimed that the President is the law. The
constitutional grievances against the White House are chilling,
reminiscent of the kingly abuses that provoked the Declaration of
Independence.
The 10-point American Freedom Agenda would work to restore the roles of
Congress and the federal judiciary to prevent such abuses of power and
protect against injustices that are the signature of civilized
nations. In particular, the American Freedom Agenda would:
- Prohibit
military commissions whose verdicts are suspect except in places of
active hostilities where a battlefield tribunal is necessary to obtain
fresh testimony or to prevent anarchy;
- Prohibit
the use of secret evidence or evidence obtained by torture or coercion
in military or civilian tribunals;
- Prohibit
the detention of American citizens as unlawful enemy combatants without
proof of criminal activity on the President’s say-so;
- Restore
habeas corpus for alleged alien enemy combatants, i.e., non-citizens
who have allegedly participated in active hostilities against the
United States, to protect the innocent;
- Prohibit
the National Security Agency from intercepting phone conversations or
emails or breaking and entering homes on the President’s
say-so in violation of federal law including
background check activity;
- Empower
the House of Representatives and the Senate collectively to challenge
in the Supreme Court the constitutionality of signing statements that
declare the intent of the President to disregard duly enacted
provisions of bills he has signed into law because he maintains they
are unconstitutional;
- Prohibit
the executive from invoking the state secrets privilege to deny justice
to victims of constitutional violations perpetrated by government
officers or agents; and, establish legislative-executive committees in
the House and Senate to adjudicate the withholding of information from
Congress based on executive privilege that obstructs oversight and
government in the sunshine;
- Prohibit
the President from kidnapping, detaining, and torturing persons abroad
in collaboration with foreign governments;
- Amend the
Espionage Act to permit journalists to report on classified national
security matters without fear of prosecution; and;
- Prohibit
the listing of individuals or organizations with a presence in the
United States as global terrorists or global terrorist organizations
based on secret evidence.