MATERIALLY WITLESS

Yesterday, in a potentially crucial decision, Judge Shira Scheindlin ruled that the government could not use the material witness statute to detain those not charged of a crime indefinitely during a grand jury investigation. This is a case of a courageous, correct stance for civil liberties by the judiciary. While a temporary expansion of the doctrine was justified in the immediate aftermath of 9/11, as this New Republic article argues, its continued use is an afront to the fundamentals of American justice.

That being said, the continued use of the material witness statute brings up another issue - the glaring failure to enhance the legal, constitutional means of fighting terror. Where has the crack-down on abuses of student visas been? Where has the serious re-evaluation of our immigration policies been? If there is a place to cut corners with civil liberties with regard to counter-terror, surely it has to be with surveillence and searches, not with the safeguards against detention. In no way should we let up on the fight against terror. We should, however, fight smarter, and sacrifice our liberties only when absolutely necessary.