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ACLU Senior Staff

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October 10, 2006

To the ACLU National Board:

As the ACLU’s Senior Staff, we feel we can no longer be silent about the recent attacks on the ACLU and its leadership. Some of us were hired by Anthony; some of us served for many years under Ira. All of us are committed to the mission of the ACLU and its core principles. We do not believe those principles have been betrayed or abandoned. To the contrary, we are immensely proud of what the ACLU has accomplished, organizationally and programmatically, over the last five years. Given our role on the Senior Staff, moreover, we are in a better position than most to know that these successes would not have been possible without Anthony’s leadership and the support of the Board.

These past five years have not been easy ones for the ACLU or the country. The assault on civil liberties since September 11th has been severe and relentless. The ACLU has been at the forefront of that battle in Congress, in the courts, and in the public arena. At the same time, we have continued to pursue a broad civil liberties agenda that is unmatched by any other organization. Within the past few weeks alone, we fought back efforts in Congress to authorize the President’s program of warrantless surveillance after it was declared unlawful in a federal court challenge brought by the ACLU. We won a $500,000 jury verdict on behalf of three Latina workers in a sexual harassment suit. We defeated John Ashcroft’s effort to be dismissed from a lawsuit challenging the government’s misuse of the material witness statute as a form of preventive detention, opening the door to his eventual deposition. We appeared in the Ninth Circuit defending an earlier victory striking down Idaho’s parental consent law. We received a disappointing decision in the California gay marriage case but have pledged to appeal to the California Supreme Court along with our coalition partners. Working closely with the Ohio affiliate, we obtained an injunction against an Ohio law that barred naturalized citizens from voting unless they produced proof of citizenship. And we continue to put the finishing touches on our third Membership Conference, which has already attracted more than 1,000 activists from across America, many of whom have signed up for a lobbying day on Capitol Hill.

It is disheartening to see those achievements dismissed as an afterthought by those who choose to focus instead on a handful of managerial judgments that have been so thoroughly discussed in recent years that there is very little now to add to the debate. Two points, however, are worth noting. First, while we recognize that the Board is fully capable of defending itself, we reject the claim that the Board has failed to exercise its oversight role. When the Board has disagreed with the staff – as it did, for example, about the Ford grant - it has not hesitated to say so. The fact that the Board has more often agreed with the staff is not an example of failed principle but instead of shared principle. Second, we do not believe that the ACLU or its leadership, including us, should be immune from criticism. Indeed, we believe that constructive criticism can and has helped the ACLU to function better. But we very deeply regret that disagreement over internal decisions -- all of which have either been endorsed, modified, or reconsidered through the ACLU’s normal governance process -- has been transformed by some into an unwarranted attack on the ACLU’s leadership and its commitment to civil liberties.

We support the leadership that Anthony, Nadine and the Board have provided the ACLU. We are confident that the ACLU is living up to its historic role as the nation’s premier defender of civil liberties. We know that its role is now more vital than ever. And, one week after Congress enacted a Military Commission Act that strips the courts of jurisdiction to hear habeas corpus petitions from aliens who can be detained indefinitely as so-called “enemy combatants,” we look forward to the day when all our energies can be rededicated to the genuine threats facing civil liberties in the world today.


Caroline Fredrickson
Donna McKay
Alma Montclair
Geri Rozanski
Steven Shapiro
Emily Tynes.

 

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