A decorated Army officer and registered Republican calls for "fixing" parts of the Patriot Act that he contends threaten civil liberties.
By JANE MADDEN WELCH
Published August 5, 2005
TARPON SPRINGS - Retired Army Col. Michael Pheneger, a registered Republican for more than 35 years, was the guest speaker at the Greater Tarpon Springs Democratic Club this week. He was invited to discuss the USA Patriot Act, which Pheneger believes infringes on Americans' constitutional rights.
"I see absolutely no reason why we cannot fight terrorism and still maintain the freedoms that make the United States unique among the nations of the world," Pheneger said.
"Unfortunately, we have a really sorry history in this country in times of crisis, sacrificing liberty in order to get a little bit of security."
Three dozen people showed up at the Tarpon Springs Community Center on Monday, including city Commissioners Peter Dalacos and Robin Saenger.
The USA Patriot Act, which stands for Uniting and Strengthening America - Providing Appropriate Tools Required to Intercept and Obstruct Terrorism, was adopted in October 2001, 45 days after the Sept. 11 terrorist attacks.
Some parts of it are set to expire at the end of this year. Last month, the U.S. House voted to extend the law indefinitely while limiting two provisions to 10 years. The Senate voted to make most of the law permanent but to tighten restrictions on the FBI's power to seize financial documents and other business records and to place a four-year limit on the two provisions.
"This is a topic everyone should be interested in," said club vice president Glenna DuMond.
Pheneger is something of a contradiction. He's a decorated Army officer of 30 years, 15 of them spent overseas in counterintelligence. He served as deputy director of intelligence for the U.S. Central Command and was the first director of intelligence for U.S. Special Operations Command at MacDill Air Force Base. He retired in 1993.
He is the treasurer of the American Civil Liberties Union of Florida and chairman of the Greater Tampa ACLU Chapter and represents Florida on the ACLU's National Board of Directors.
"I joined the ACLU in 1959 or '60 and have been a member off and on ever since," Pheneger said. "I've been a Republican almost as long. . . . Republicans don't want to hear from me on this particular issue."
The Patriot Act is a long and complex piece of legislation containing 150 different sections. Pheneger said he and the ACLU have a problem with 16 sections from a civil liberties standpoint. They are not advocating for repealing the act, but for "fixing it."
The ACLU also has filed a lawsuit challenging the constitutionality of one section.
Pheneger said it's important to combat terrorism, which is a real threat, but that it should be done without violating the Constitution.
"Much of the Patriot Act expands something called the FISA, the Foreign Intelligence and Surveillance Act, which used to scare the hell out of me even back when I was in the intelligence business full time," Pheneger said.
After Pheneger's talk and a lively question-and-answer session, club president Gerald Goen said to the audience, "We had a call to action here. Let's make sure we do something."
Specifically, Pheneger encouraged people to contact their senators in support of the bipartisan Patriot Act reform proposal known as the SAFE Act.
"People might listen to what I say about the Patriot Act and say, "You're nuts,' but it's hard for them to contend that I'm something less than a patriot," Pheneger said.
Information from the Washington Post was used in this report.
