You have to have a multipronged approach and a significant part of that is educating the public and change the culture so that people are less afraid of Arabs or Muslims, more attuned to civil rights and civil liberties issues that are presented, more aware of the security costs of some of the kinds of choices the Bush administration had made, and more committed to the values that America was founded upon.
David D. ColeYou need to fight cases in the courts, but you certainly cannot rely on the courts, you need to testify in Congress and lobby your Congress person, but you certainly cannot rely on Congress. You need to speak out in the media, but you cannot totally trust the media either. You need to work within the academy because that's an influential opinion body. I think that one of the lessons that people have learned in the civil rights community is that it is generally not enough to focus on litigation in the courts.
David D. ColeHistorically, measures initially directed at foreign nationals have subsequently been extended to citizens. What happens is foreign nationals are the easiest targets and most vulnerable targets, so they're the initial targets. But government officials, once you give them a certain kind of power over individuals, they get used to it and almost inevitably seek out ways to extend it. You will see that virtually every form of repressive government measure that has been employed in the United States against citizens started out as an antialien measure and was then extended to citizens.
David D. ColeIf we are perceived by the rest of the world as employing a double standard in the way that we pursue the war on terror, if we are seen as imposing on other countries' nationals, burdens that we wouldn't be able to tolerate ourselves, then we sacrifice the legitimacy of the enterprise. And I don't think the world considers it illegitimate for the United States to seek to protect itself from another attack like the one we suffered on 9/11, but I think the world does think it is illegitimate to do so by sacrificing their citizens' rights and not our citizens' rights.
David D. Cole