Civil Rights/Civil Liberties Questionnaire for Senate Candidates 2009
Senator Edward M. Kennedy was a stalwart champion and defender of civil liberties with a record of public service marked by unending compassion and progress. Senator Kennedy often worked with the ACLU to defend the values and ideals inherent in the United States Constitution, fighting to ensure free speech, equality and justice for all people, particularly the disadvantaged. He consistently was the voice for the marginalized and fought in the Senate for those struggling to live free from discrimination throughout the country.
Because these issues are of critical importance to the more than 22,000 ACLU members and supporters in Massachusetts, and more than 500,000 nationwide, we have asked candidates who seek to fill Senator Kennedy's seat to complete a questionnaire on key civil rights and civil liberties issues.
Responses from candidates Michael Capuano (D), Martha Coakley (D), Alan Khazei (D), and Stephen Pagliuca (D) are listed alphabetically by last name. Candidates Scott Brown (R) and Jack E. Robinson (R) did not reply.
Torture & Indefinite Detention
1. As Senator from Massachusetts, would you support a Congressional investigation of possible unlawful activities by government officials in the post-9/11 era to determine who--if anyone--should be held accountable?
Capuano: Y + statement Coakley: Y Khazei: Y Pagliuca: Y
Would you support an investigation by an appointed body similar to the 9/11 Commission?
Capuano: Y Coakley: Y Khazei: Y Pagliuca: Y
Would you support an investigation by a special prosecutor?
Capuano: Y Coakley: Y Khazei: Y Pagliuca: Y
2. Will you support efforts to end indefinite detention of individuals who have been imprisoned by the U.S. Government without charge or the chance of a trial on the basis of perceived future danger?
Capuano: Y + statement Coakley: Y Khazei: Y Pagliuca: Y
Will you support a repeal of the Military Commissions Act and the trial of detainees in US federal courts?
Capuano: Y Coakley: Y Khazei: Y Pagliuca: Y
Government Secrecy and Surveillance
3. Will you work for the passage of the State Secrets Protection Act that includes judicial oversight over executive branch assertion of state secrets privilege?
Capuano: Y + statement Coakley: Y Khazei: Y Pagliuca: Y
4. Would you have sponsored the JUSTICE Act that would have fixed problems with the USA PATRIOT Act and FISA Amendments Act that threaten the rights and liberties of all Americans?
Capuano: Y + statement Coakley: Y Khazei: Y Pagliuca: Y
5. Will you support establishing independent oversight and enhanced privacy standards for Fusion Centers, including the Massachusetts Commonwealth Fusion Center and the Boston Regional Intelligence Center (BRIC)?
Capuano: Y + statement Coakley: statement Khazei: Y Pagliuca: Y
6. Will you support the repeal of the REAL ID Act?
Capuano: Y + statement Coakley: statement Khazei: Y Pagliuca: Y
Will you oppose efforts to introduce a national identity card?
Capuano: Y + statement Coakley: Y Khazei: Y Pagliuca: Y
First Amendment
7. Will you defend the First Amendment by opposing attempts to pass a constitutional amendment banning burning and/or desecration of the American flag?
Capuano: Y Coakley: Y Khazei: Y Pagliuca: Y
Due Process and Equality Under the Law
8. Will you support legislation that would eliminate the discriminatory disparity between sentences that are handed out under federal law for possession of crack cocaine and powder cocaine?
Capuano: Y + statement Coakley: Y Khazei: Y Pagliuca: Y
9. Will you oppose the death penalty?
Capuano: Y Coakley: Y Khazei: Y Pagliuca: Y
10. Will you support efforts to repeal the Defense of Marriage Act that denies legally married gay and lesbian couples more than a thousand federal rights and protections that are afforded to all opposite-sex married couples?
Capuano: Y + statement Coakley: Y Khazei: Y Pagliuca: Y
Personal Autonomy, Reproductive Freedom and Religious Liberty
11. Will you support reversing the Hyde Amendment, which bars Federal Medicaid funding for abortion?
Capuano: Y + statement Coakley: Y Khazei: Y Pagliuca: Y
12. Will you oppose efforts to funnel scarce federal taxpayer funds to create, expand, or continue federally-funded private and religious school voucher programs?
Capuano: Y + statement Coakley: Y Khazei: Y Pagliuca: Y
Please use this space to make a short statement about what civil liberties/civil rights mean to you.
Capuano
Civil liberties and human rights are, with the rule of law, the foundation of any just society. They are principles I have never compromised. I was honored to be awarded the ACLU's "Champion of the Constitution" Award in 2003. Your recognition cheered me in dark days: The President of the United States appeared indifferent to the separation of powers. The Attorney General was drafting apologies for torture. Much of the Congress capitulated in the passage of the PATRIOT Act, the REAL ID act, and the creation of military commissions and chose not to make an issue of wireless surveillance. I was proud and great encouraged by your support. I would be proud to continue to work with you, as a Senator, to preserve and protect our cherished liberties.
Coakley
Throughout my career as Middlesex District Attorney and Massachusetts Attorney General, I have worked to promote public safety as well as protect civil rights and civil liberties. I have prosecuted cases related to housing discrimination, disability rights, fair lending, public accommodation, equal marriage, health care disparities and hate crimes based on race, ethnicity, gender and sexual orientation.
I am proud of my record in protecting civil rights in the areas of reproductive rights; protecting the right of marriage for same sex couples; and opposing the death penalty, and supporting improved, less suggestive means of defendant identification. I have also worked to protect the safety and rights of all in this state, regardless of their citizenship.
I continue to be a leader of efforts to repeal the Defense of Marriage Act. I filed a lawsuit challenging the constitutionality of this discriminatory legislation, which unfairly excludes married same-sex couples and their families from critically important rights and protections. Marriage equality in the Commonwealth, and for residents of the Commonwealth all across the nation, must be defended.
I have continually fought to safeguard the rights of people with disabilities. As Attorney General, I worked to ensure that new technology keeps pace with the needs of people with disabilities. I reached an agreement with Apple, Inc. requiring that iTunes software be made accessible to blind consumers and students worldwide, as well as an agreement with the nation's largest ATM maker to ensure ATMs are accessible to blind consumers.
Protecting individual civil liberties is fundamental to our democracy. I applaud the work of the American Civil Liberties Union to promote and defend individual rights and liberties guaranteed in the constitution and under the law. I consider myself an ally in your efforts to preserve first amendment rights; to ensure all people receive equal protection under the law and receive due process; and to strengthen rights of privacy.
Khazei
Massachusetts is the cradle of American civil rights. I am proud to be from a state that initiated a revolution in the name of liberty, produced the first public school and the first public library, and pioneered the recognition of marriage rights for same-sex couples. As the co-founder of City Year, I have dedicated my life to building inclusive communities in which everyone is free to fulfill her or his potential, and I will vigorously defend the civil rights of all Americans against any attempts to erode them. Only when the civil liberties of all members of a society are secure will that society truly prosper. This belief was central to my work at City Year, and it is a philosophy that I look forward to bringing to the U.S. Senate.
Pagliuca
I believe strongly in fairness, equality and choice. I am committed to upholding Senator Kennedy's legacy as a champion for civil liberties. The assaults on our Constitution' s fundamental guarantees of liberty have been ferocious in recent years, especially after the declaration of a "war on terrorism" led Congress to pass a series of dangerous bills, starting with the USA PATRIOT Act. At the same time, the growing ability of the government and private industry to bring together information from the host of databases that store information about our every purchase, our every phone call, our every email, threatens our privacy, challenging us to come up with meaningful protections against these intrusive new technologies. Defending our civil liberties is not a task for what Paine called "sunshine patriots." If I am elected Senator, I will always be aware that we must be most vigilant in defense of civil liberties at those times when such defense is most politically unpopular.
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Additional Statements
Candidates Capuano and Coakley provided additional responses to some of the questions. Their answers are provided below.
Question 1: As Senator from Massachusetts, would you support a Congressional investigation of possible unlawful activities by government officials in the post 9/11 era to determine who--if anyone--should be held accountable?
Will you support efforts to end indefinite detention of individuals who have been imprisoned by the U.S. Government without charge or the chance of a trial on the basis of perceived future danger?
Will you support efforts to end indefinite detention of individuals who have been imprisoned by the U.S. Government without charge or the chance of a trial on the basis of perceived future danger?
Capuano
I am a co-sponsor of HR 893, American Anti-Torture Act of 2009, which would prohibit any person in the custody or control of the United States from being subject to any treatment or technique of interrogation not authorized by and listed in the U.S. Army Field Manual on Human Intelligence Collector Operations. I co-sponsored also HR 4114, with the same purpose in the 110th Congress.
I am a co-sponsor of H.R. 104, "to establish a national commission on presidential war powers and civil liberties." The commission set forth in this bill would investigate Bush Administration detention and interrogation policies, as well as warrantless wiretapping.
It is my understanding that Attorney General Eric Holder has begun such an investigation. I shall insist that its findings be fully reported to the Congress. If the findings appear unsatisfactory or incomplete, I shall demand further inquiry. If the investigation proves fruitful, and legislation is required to implement its recommendations, I will be proud to work with the President and AG Holder to safeguard our liberties. Back
Question 2: Will you support efforts to end indefinite detention of individuals who have been imprisoned by the U.S. Government without charge or the chance of a trial on the basis of perceived future danger?
Capuano
Yes. I understand that the world is a dangerous place. I recognize that is all but impossible to defend against killers willing to die to inflict indiscriminate slaughter on innocent civilians. That said, indefinite detention is not acceptable. There must be some sort of due process or independent review of allegations against suspected terrorists. The key here, I believe, is the constitutional separation of power.
It was for this reason that I opposed HR 6166, The Military Commissions Act of 2006. I have sought since then, to amend it, most recently as a co-sponsor of HR 1415, Restoring the Constitution Act of 2007, which called for, among other reforms, the exclusion of statements made under coercion and the restoration of the right of habeas corpus. That said, but I am not convinced detainees would be appropriately tried by existing procedures in federal courts. I would be willing, for example, for sensitive intelligence to be reviewed in camera or for standards of proof to be adjusted to preponderance of the evidence rather than "beyond a reasonable doubt." What is not acceptable is for terrorism to be whatever the Executive Branch says it, which is why I voted against the PATRIOT Act. Back
Question 3: Will you work for the passage of the State Secrets Protection Act that includes judicial oversight over executive branch assertion of state secrets privilege?
Capuano
I am a co-sponsor of HR 984, the State Secrets Protection Act. Back
Question 4: Would you have sponsored the JUSTICE Act that would have fixed problems with the USA PATRIOT Act and FISA Amendments Act that threaten the rights and liberties of all Americans?
Capuano
I would be proud to co-sponsor the JUSTICE Act, and if elected, I will contact Senator Feingold and ask him to add my name as a supporter. I voted against the PATRIOT Act and the FISA Amendment Act of 2008, whose excesses this bill seeks to correct. Back
Question 5: Would you support establishing independent oversight and enhanced privacy standards for fusion centers, including the Massachusetts Commonwealth Fusion Center and Boston Regional Intelligence Center (BRIC)?
Capuano
I am profoundly concerned about even seemingly innocent accumulation of personal and private data. Back
Coakley
I support oversight and accountability as well as enhanced privacy standards for fusion centers. I believe law enforcement should have the appropriate tools to fight crime and terrorism. Support and funding for these facilities should depend on their value and accountability to protect the public and respect the integrity of our civil rights. Law enforcement should, as always, adequately respect the privacy and constitutional rights of every citizen. Back
Question 6: Will you oppose efforts to introduce a national identity card?
Capuano
I voted against the REAL ID Act of 2005, which was included in HR 1268-Emergency Supplemental Appropriations of 2005, and I vehemently oppose the imposition of national identity cards. Back
Coakley
I have serious reservations about the national identification card proposals that have been presented and I testified against Massachusetts' implementation of the REAL ID Act. While public safety is a top priority, I am equally concerned about protecting civil liberties and privacy rights. As Senator, I would oppose any measures that failed to address these issues adequately, making sensitive data potentially available to fraudulent schemes and other criminal activity.
Following the 2001 terrorist attacks, many security experts began lobbying heavily for national identification cards, arguing that a federalized system could have helped prevent the tragedy. In 2004, the 9/11 Commission supported their approach, advocating federal standards for driver's licenses and birth certificates. I do not support this approach.
Furthermore, I am highly concerned about law enforcement abuse, especially the undue targeting of minority groups. Protecting American citizens means protecting all American citizens, and I will fight any measures that could cause racial profiling and discrimination. Back
Question 7: Will you defend the First Amendment by opposing attempts to pass a constitutional amendment banning burning and/or desecration of the American flag?
Capuano
I have opposed and will continue to oppose an amendment banning burning or desecration of our flag. I am very close to being a free speech absolutist, and I believe the Bill of Rights is an even more important symbol of our country than the Stars and Stripes--long may it wave. Back
Question 8: Will you support legislation that would eliminate the discriminatory disparity between sentences that are handed out under federal law for possession of crack cocaine and powder cocaine?
Capuano
I co-sponsored HR 460, the Crack-Cocaine Equitable Sentencing Act of 2007 in the 110th Congress. It was reintroduced this year, as HR 2178, and I am one of 12 co-sponsors to date. Back
Question 10: Will you support efforts to repeal the Defense of Marriage Act that denies legally married gay and lesbian couples more than a thousand federal rights and protections that are afforded to all opposite-sex married couples?
Capuano
I support the repeal of DOMA and I am a co-sponsor of HR 3567, the Respect for Marriage Act. I have also consistently co-sponsored the Uniting American Families Act which would permit same-sex couples in committed relationships the same immigration sponsorship rights as married heterosexual couples. Back
Question 11: Will you support reversing the Hyde Amendment, which bars Federal Medicaid funding for abortion?
Capuano
I would vote to reverse Hyde Amendment and have consistently supported reproductive freedom as a basic human right. Back
Question 12: Will you oppose efforts to funnel scarce federal taxpayer funds to create, expand, or continue federally-funded private and religious school voucher programs?
Capuano
I oppose state subsidies or vouchers for private secular or religious schools. I am also opposed to the funding formula for charter schools, which bases payments to charter schools on the average per pupil expenditure of the public school system. This formula ignores the fact that public schools must educate all children, students who are not fluent in English and those with special needs, cognitive, emotional, and physical, while charter schools are free to cherry pick the motivated students of attentive parents. Back
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