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OfflineRonoS
DSYSB since '01
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Excellent Article on the Patriot Act
    #1337740 - 02/26/03 01:08 PM (14 years, 1 month ago)

Feb. 25 2003, 1800 PST (FTW) -- With more than twenty U.S. cities having passed resolutions openly opposing the multiple civil liberties violations in the 2001 Patriot Act, and as the state of New Mexico debates legislation that would encourage police agencies to avoid violations of the First Amendment, the recent leak of a secret Bush administration bill that would further erode civil liberties has provoked a bizarre tale of denials and "non responses" by the administration. Thus far the saga of the Domestic Security Enhancement Act of 2003 - commonly known as Patriot II - suggests that the leak of the proposed legislation was possibly a "trial balloon" or "tester" to gauge both public and congressional reaction to a bill that, if passed, would grant the federal government drastic new powers in a continuing erosion of the Bill of Rights.

Patriot II has not been officially introduced in either house of congress and thus has no official standing. It has, however, been officially transmitted by the Bush Justice Department to Vice President Cheney (President of the Senate) and House Speaker Denny Hastert, R-Illinois.

The bill has already been given a clandestine odor and the Bush administration has violated standard congressional protocols in its handling. In fact, the administration has been caught in outright lies about the bill's actual status. In official comments dated February 10, ranking Senate Judiciary Committee member Patrick Leahy, D-Vermont, stated, "For months, and as recently as just last week, Justice Department officials have denied to members of the Judiciary Committee that they were drafting another anti-terrorism package. There still has not been any hint from them about their draft bill."

John Conyers, D-Michigan, ranking member of the House Judiciary Committee, which has jurisdiction over proposed anti-terrorism legislation, in a Feb, 10th letter to Attorney General John Ashcroft -- signed also by Representatives Robert Scott, D-Virginia, and Sheila Jackson Lee, D-Texas, wrote:

We write to express my profound disappointment about your Department's handling of anti-terrorism policy. Recent reports irrefutably indicate that the Department of Justice has been working on a successor bill to the "USA Patriot Act" for some time. Notwithstanding the Judiciary Committee's jurisdiction in this matter and outstanding record of dealing with this legislation, the Committee reported a bipartisan version of the Patriot Act by a unanimous vote, according to the Chairman's spokesman there have been no consultations with the Committee on this bill.

Your Spokesperson, Barbara Comstock, claimed in a February 7, statement (attached) that the new draft bill was still in "internal deliberations" within the Department and still being discussed at "staff levels" and has not been "presented... to the White House." This is blatantly false in several respects, yet the Department of Justice "Control Sheet" (attached) plainly indicates that the bill was forwarded to the Speaker of the House and Vice President on January 10...

Conyers specifically requested that the Attorney General reply to his letter no later than February 15, 2003. A Conyers' spokesperson told FTW today that not only has the Justice Department not replied to Conyers' letter but that they have "not even acknowledged receiving it."

The Department of Justice did not respond to a call from FTW asking for a response to Conyers' letter or an explanation as to why they had not responded.

The bill's draft and the fact that it had been officially transmitted to Cheney and Hastert nearly a month a month before its existence was disclosed was revealed in major scoop released on Feb. 7, 2003 by Washington, D.C.'s non-partisan Center for Public Integrity (CPI). FTW has relied extensively on comprehensive reports by the CPI for past major stories including our 2000 story, The Bush Cheney Drug Empire.

The original CPI story including links to the "Confidential" draft of the bill and the official letter of transmittal is located at: http://www.publicintegrity.org/dtaweb/report.asp?ReportID=502&L1=10&L2=10&L3=0&L4=0&L5=0

In a follow-up story on PBS' Frontline, anchor Bill Moyers interviewed CPI's Executive Director Chuck Lewis who disclosed that the CPI had obtained a copy of the bill as a result of a leak from within the Justice Department by someone who was exposing themselves to great risk in the post-9/11 climate of secrecy in Washington. The fact that the story was leaked raises the possibility that the Bush administration was attempting to gauge both public and congressional reaction prior to introducing the bill for legislative action.

WHAT'S IN PATRIOT II?

CPI's Lewis was not jesting when he told Moyers that Patriot II was five or ten times worse than the first Patriot Act.

Its provisions allow for secret arrests of persons in certain terrorist-related cases until indictments have been handed down and there is no time limitation for this process. America has never permitted secret arrests for indefinite time periods. In addition, Patriot II provides that these terrorist arrests may be under "no bail" conditions and that any federal employee who discloses the identity of someone who has been secretly detained may be imprisoned for up to five years.

The bill mandates that government authorities are entitled to have ex parte (one- on-one, without defense counsel or a public record) and in camera (private) - meetings with judges without opposing counsel or defendants even being notified to secure rulings on search warrants, admissibility of evidence and investigative procedures. In certain cases where naturalized American citizens are found to be working with foreign governments, or making donations to foreign based charities later found to be supporting terrorist causes, the Attorney General will have the right to revoke U.S. citizenship and extradite those charged to any country in the world, whether there is an extradition treaty in place or not.

There has been some debate, encouraged by inaccurate and extremely irresponsible reporting by some "alternative" journalists and radio talk show hosts indicating that the bill provides the government with the ability to strip native-born U.S. citizens of their citizenship for seemingly trivial offenses. This is patently untrue. The actual truth is bad enough.

Section 501 of Patriot II amends section 349 of the Immigration and Nationality Act (8 U.S.C. 1481) pertaining to the citizenship status of those who have acquired U.S. citizenship. It states that those who have entered into the armed forces of a foreign government (when such forces are engaged in hostilities against the US), or have joined or provided material support "to a terrorist organization... if the organization is engaged in hostilities against the United States, its people, or its national security interests" will be deemed to have made a prima facie (apparent on its face) statement that they intend to relinquish their citizenship.

Lewis and Moyers were correct in their interpretation of this section in that a naturalized American who makes a donation to an Islamic charity later alleged to have been giving money to a terrorist organization could be stripped of their citizenship and deported anywhere without it ever having been established that he or she even knew how the charity was distributing its money.

The act broadens the scope of activities that qualify for the loose-to-non-existent guidelines for eavesdropping and surveillance under Patriot I and allows law enforcement personnel to obtain "national" search warrants for domestic and foreign terrorism investigations. As discussed in previous FTW stories, under Patriot I the definition of "domestic terrorism" is extremely vague and non-specific. Throwing away decades of progress obtained as a result of litigation in the 1970s and 80s the new bill specifically overturns dozens of consent decrees prohibiting law enforcement agencies from infiltrating non-violent religious and civic groups exercising protected first amendment rights.

Section 126 of the act allows the U.S. government to obtain consumer credit reports and to impose criminal penalties on credit reporting agencies if they disclose to individuals that the government has obtained copies of their records.

Section 127 of Patriot II allows the Federal government to supercede all local statutes governing autopsies in terrorism investigations which means literally that if a person died at the hands of an illegal federal investigation, the autopsy results could show a suicide or some other finding favorable to the government. This would also apply in cases of accidental death due to fatalities resulting from mass compulsory vaccinations. In such cases, instead of finding dangerous vaccines as the cause of death the federal government could instead blame terrorists.

Opening the door for the Total Information Awareness program run by convicted Iran-Contra felon John Poindexter, section 128 provides for the issuance of federal administrative subpoenas in cases "involving domestic or international terrorism" to any company that maintains records on any individual in the United States. This would apply to everything from medical records, to credit card and utility bills, to the reading habits of the targeted individual. This section also provides stiff criminal penalties of up to five years imprisonment for any employee of a private company who reveals that the records have been sought.

Once compiled, these records can be shared with any foreign government the government wishes to share them with. It also allows federal agents to serve search warrants issued by foreign governments inside this country.

Also in the list of list of noxious provisions, chemical and utility companies would be absolved under the act from requirements that they publicly disclose the kinds of dangerous chemicals in use at their facilities or "worst case scenario" information about what might happen if there were malfunctions or breakdowns at their facilities. This equates to an environmental "carte blanche" for polluters.

At the same time, Supreme Court Justices and other federal VIPs are no longer required to declare as income the cost of federally provided bodyguard and security services. This amounts to a back door raise in pay of up to several hundred thousand dollars a year for federal judges and executives who will be much more likely to remain friendly to the administration.

And in a particularly chilling passage, section 404 of Patriot II would impose a penalty of up to five years of imprisonment for anyone who used any form of computer encryption to commit anything defined as domestic or foreign terrorism. Under the liberal definition of domestic terrorism contained in Patriot I, a possible interpretation of this section could be that a reporter who uses PGP or other encryption program to correspond with a foreign confidential source could be imprisoned for five years - just for using the software. It also suggests that no commercial entity which uses encryption to protect its proprietary data would be permitted to use any encryption program which the government did not already possess a key to.

WHAT TO DO?

Since the bill has not been introduced, any pre-emptive attempts to influence members of Congress would have questionable effects. A member's response would correctly be, "I have no power to do anything until the bill is introduced." However, the actions of the Attorney General and, by implication, the President, the Vice President and the Speaker of the House are unethical and dishonest, if not illegal. It couldn't hurt to let them know that you are watching for this bill's introduction and how they will respond when it comes time.

Anyone wishing to make their voices heard on Patriot II should direct their comments to the Department of Justice, the White House and the Speaker. Their statements should be bold and demand that these institutions follow the law and maintain good faith with the American people.

When the bill is introduced, most likely after the commencement of hostilities in Iraq or another convenient terror attack, the moment - perhaps the last one possible - when Congress can step up to the plate and do its job the way it is obliged to, will have presented itself. If it passes as it is written Patriot II will signal a final breach of contract between the government and the people.



--------------------
"Life has never been weird enough for my liking"


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OfflineJust a Punk
Shithawk

Registered: 12/26/00
Posts: 1,145
Loc: Canada
Last seen: 12 years, 3 months
Re: Excellent Article on the Patriot Act [Re: Rono]
    #1337786 - 02/26/03 01:35 PM (14 years, 1 month ago)

Wow, excellent article.

It really makes you think when a government violates its own laws.

Is everyone asleep in America?


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-------------------------------------------------
:B


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InvisibleEvolving
Resident Cynic

Registered: 10/01/02
Posts: 5,385
Loc: Apt #6, The Village
Re: Excellent Article on the Patriot Act [Re: Just a Punk]
    #1337807 - 02/26/03 01:44 PM (14 years, 1 month ago)

Quote:

Is everyone asleep in America?



Some of us wake up, others roll over. - Johnny Lydon


--------------------
To call humans 'rational beings' does injustice to the term, 'rational.'  Humans are capable of rational thought, but it is not their essence.  Humans are animals, beasts with complex brains.  Humans, more often than not, utilize their cerebrum to rationalize what their primal instincts, their preconceived notions, and their emotional desires have presented as goals - humans are rationalizing beings.


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OfflineAzmodeus
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Registered: 11/27/02
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Re: Excellent Article on the Patriot Act [Re: Just a Punk]
    #1337839 - 02/26/03 01:52 PM (14 years, 1 month ago)

Great post rono! :grin:

fadedpinkwings! it's your dream come true!


--------------------
"Know your Body - Know your Mind - Know your Substance - Know your Source.

Lest we forget. "


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OfflineChills420 version2
Poo Pie Maker

Registered: 01/26/03
Posts: 471
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Re: Excellent Article on the Patriot Act [Re: Just a Punk]
    #1337950 - 02/26/03 02:43 PM (14 years, 1 month ago)

Quote:

Is everyone asleep in America? 




What can u do? If you make a big stink they will prob come quite u down real quick.

Getting kinda scary almost like some hitler shit.

Doesn't seem like any Rights groups are jumping up to stop this shit. Maybe there not getting enough support to jump up?
Who knows ?? It's pretty bad when mexico is looking good.
(i'd go to canada but i'm skinny and it's 2 cold up there 4 me) :grin: 


--------------------

You may say Im a dreamer,
but Im not the only one,
I hope some day you'll join us,
And the world will live as one.



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Invisiblesilversoul7
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Re: Excellent Article on the Patriot Act [Re: Chills420 version2]
    #1337957 - 02/26/03 02:48 PM (14 years, 1 month ago)

Quote:

Doesn't seem like any Rights groups are jumping up to stop this shit. Maybe there not getting enough support to jump up?



Almost every major civil liberties group has scorned the Patriot Act. There is tons of opposition to it among people who know what it is. The unfortunate thing is that the pro-establishment media isn't really covering it very much.


--------------------


"It is dangerous to be right when the government is wrong."--Voltaire


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OfflineMushyMay
Brian Eno is mypersonal God FNORD

Registered: 02/19/02
Posts: 423
Loc: ACT, Australia
Last seen: 7 years, 10 months
Re: Excellent Article on the Patriot Act [Re: Rono]
    #1337977 - 02/26/03 02:59 PM (14 years, 1 month ago)

I really feel for you Americans at the moment.  Sure I disgree with many of you quite frequently but this PA shit worries the hell out of me.  I really worry about what is going to happen to you guys (an gals :wink:)  What scares me even more is that once the shit hits the fan in Iraq, increased terrorist activity may allow them to push PAII through as well.  Then you guys will be really fucked.  I guess you could always move to Australia :wink:  The weathers pretty warm but the beaches kick ass.  We've also got super potent shrooms :smile: 


--------------------
MushyMay is a fictional character, as a result any information provided by MushyMay is also fictitious.


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Anonymous

Re: Excellent Article on the Patriot Act [Re: silversoul7]
    #1337985 - 02/26/03 03:01 PM (14 years, 1 month ago)

People don't take civil rights groups seriously any more. The Civil Liberties Union has come out for gun control, and they target people with whom they don't agree with, not just people whom are violating civil liberties.


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InvisiblePrisoner#1M
Even Dumber ThanAdvertized!
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Registered: 01/22/03
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Re: Excellent Article on the Patriot Act [Re: MushyMay]
    #1338520 - 02/26/03 06:44 PM (14 years, 1 month ago)

Hey Mushy....Can you send us some imigration info...I have always wanted t visit but moving to Austrailia sounds better

Prisoner#1


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InvisibleClosetCase
but only inwinter

Registered: 01/22/03
Posts: 295
Loc: Somewhere rubbing my nugs...
Re: Excellent Article on the Patriot Act [Re: Rono]
    #1338788 - 02/26/03 09:10 PM (14 years, 1 month ago)

Quote:

or provided material support "to a terrorist organization... "




Going with the recent ad campaign that sayd smoking pot supports terrorists, does this imply that they can deport someone who does drugs for supporting terrorists!  :shocked:  :wink:   


--------------------
"as your attourney I advise you to rent a very fast car with no top, and you'll need the cocaine.."

"well.. why not? I mean if anything's worth doing, it's worth doing right. THIS IS THE AMERICAN DREAM IN ACTION"



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OfflineAzmodeus
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Re: Excellent Article on the Patriot Act [Re: ClosetCase]
    #1339663 - 02/27/03 07:56 AM (14 years, 30 days ago)

Quote:

Going with the recent ad campaign that sayd smoking pot supports terrorists, does this imply that they can deport someone who does drugs for supporting terrorists!  :shocked:  :wink:   




...I think so!.... :crazy:


--------------------
"Know your Body - Know your Mind - Know your Substance - Know your Source.

Lest we forget. "


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OfflineBowlKiller
----
Registered: 09/22/02
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Re: Excellent Article on the Patriot Act [Re: Azmodeus]
    #1342044 - 02/28/03 06:08 AM (14 years, 29 days ago)

Remember: Not only can they take someone who is "doing drugs" and deport them.

the authorities can deport anyone at anytime for any reason, and they do not have to tell anyone why such actions were taken. !!!

And not only deport people, but there are provisions in the patriot act II (and you can read it for yourself) that allow for secret executions. Yes, that means they can kill someone and not have to notify anyone.

Think about it. "Hey Mr. FBI agent where did you take my husband?"

"We dont have to tell you a thing"

simple as that. husband could be sitting in a foreign jail, killed, anything.


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----


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Offlineruskifile
droog

Registered: 05/12/02
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Re: Excellent Article on the Patriot Act [Re: Rono]
    #1342188 - 02/28/03 07:35 AM (14 years, 29 days ago)

Ha...just love this little gem  :shocked:

Quote:


Section 127 of Patriot II allows the Federal government to supercede all local statutes governing autopsies in terrorism investigations which means literally that if a person died at the hands of an illegal federal investigation, the autopsy results could show a suicide or some other finding favorable to the government. This would also apply in cases of accidental death due to fatalities resulting from mass compulsory vaccinations. In such cases, instead of finding dangerous vaccines as the cause of death the federal government could instead blame terrorists.




NOW this sounds like just the same sort of shit the Russians used to pull all the time  :frown:


I agree with you, Mushy....how can anyone not feel for a nation whose leaders are doing their best to dismantle the "annoying" and "obstructive" bits of democracy... :crazy:

However, our homegrown CIA or ASIO, has come up with a few sterling ideas of their very own to try to catch up Dubya...

Quote:


ASIO would have "extraordinary" powers to detain people "indefinately" for questioning, without a lawyer. Organisations "likely to endanger the security or integrity of the Commonwealth or another country" would be "proscribed" (banned). People who are members or assist proscribed organisations would face up to 25 years imprisonment. New offences of terrorism would be created that could encompass some union actions, civil disobedience and political dissent. The laws specified that the "onus of proof" would be on the person accused, to prove that he or she was not a terrorist, rather than on the Government to prove that they were.

The Law Council of Australia spokesman, Bret Walker, SC, said the ASIO bill violated basic rights in the same way as the United States has been unlawfully detaining suspected Taliban fighters, including two Australians, in Guantanamo Bay.

The bill would not prevent ASIO from rearresting suspects after the seven days expired and from using its interrogation powers unlawfully, he said.






ASIO should not be given the power to detain suspects not regarded to have committed any crime for 48 hours incommunicado without access to family or a lawyer (especially those under 18...) The right to a lawyer and right to silence are fundamental rights that should not be removed in any circumstances. Under this new law, silence will be taken as proof of either guilt or inside-knowledge...

The Association of Criminal Defence Lawyers, Australian Lawyers for Human Rights and the Law Council of Australia have objected to Canberra's plans to detain people of interest - but not suspects - for questioning for up to seven days. People of interest may be held without being charged, legal representation or a court appearance.

Justice Dowd said Australians' fundamental rights were under attack from anti-terrorism bills in an "atmosphere of hysteria". The anti-terrorist measures would be likely to be used as an excuse by dictators of Asian and Pacific nations for their own human rights violations, he said.


The bill would not prevent ASIO from rearresting suspects after the seven days expired and from using its interrogation powers unlawfully.

"Our credibility is blown," he said. "What we have done will be used by terrorist regimes and totalitarian regimes throughout the world. This is not what Australia is about. We developed our legal system on habeas corpus and a whole range of protections of the individual. This just throws it aside.

The Law Council of Australia spokesman, Bret Walker, SC, said the ASIO bill violated basic rights in the same way as the United States has been unlawfully detaining suspected Taliban fighters, including two Australians, in Guantanamo Bay.


David McKnight, the author of "Australia's Spies and Their Secrets" reportedly said that the new powers "will take ASIO astep along the road to creating an all-powerful police and intelligence agency akin to America's Federal Bureau of Investigation" (Sydney Morning Herald, "Morepower to the spies", 22 Feb. 2002).

The passing of laws to prevent "terrorism" has been so hasty, the public debate to reasonably come to terms with the impact of Sept. 11 so lacking, that it is easy to conclude that there is a global push towards creating police states, not the protection of innocent lives and safety of the nation, that concerns most governments now aligned with Bush's foreign policy.



It is within this context that ASIO super-powers must be seen. The Howard Government with full collusion of the Opposition is pushing ahead with its "anti-terrorist" laws that, if passed, would turn Australia, more than most other Western countries, into a police state.

:frown:  :mad:




         


--------------------
(zhukov in a previous life....)

2SER FM underground radio


Edited by ruskifile (02/28/03 07:43 AM)


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OfflineMushyMay
Brian Eno is mypersonal God FNORD

Registered: 02/19/02
Posts: 423
Loc: ACT, Australia
Last seen: 7 years, 10 months
Re: Excellent Article on the Patriot Act [Re: ruskifile]
    #1343241 - 02/28/03 04:24 PM (14 years, 29 days ago)

Damn! Thanks for shattering my delusion that we wouldn't follow the US in too much of a hurry. It brings a tear to my eye to see this country following the lead of the US. It just doesn't make sense.


--------------------
MushyMay is a fictional character, as a result any information provided by MushyMay is also fictitious.


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Invisibleluvdemshrooms
Two inch dick..but it spins!?


Registered: 11/29/01
Posts: 34,186
Loc: Lost In Space
Re: Excellent Article on the Patriot Act [Re: MushyMay]
    #1344158 - 03/01/03 01:39 AM (14 years, 29 days ago)

And with few guns left in private hands, your ability to revolt against this (should it get out of hand) is severely restricted.


--------------------
You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers


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Invisibleangryshroom
Stranger
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Registered: 12/18/01
Posts: 7,262
Re: Excellent Article on the Patriot Act [Re: luvdemshrooms]
    #1344254 - 03/01/03 04:36 AM (14 years, 28 days ago)

Yeah, but probabilties are that you'll be shot by the police before you kill all 20 of them and run away and live underneath a dumpster for a day before the city security cameras getcha and shoot you from their lens!!!! .... Is LOW! :tongue:


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InvisibleEvolving
Resident Cynic

Registered: 10/01/02
Posts: 5,385
Loc: Apt #6, The Village
Re: Excellent Article on the Patriot Act [Re: angryshroom]
    #1346100 - 03/02/03 05:15 AM (14 years, 27 days ago)

The point is not to kill all the cops or overthrow the government, but to make the price of enforcement of unjust laws so high that the government will have to back down. :tongue:


--------------------
To call humans 'rational beings' does injustice to the term, 'rational.'  Humans are capable of rational thought, but it is not their essence.  Humans are animals, beasts with complex brains.  Humans, more often than not, utilize their cerebrum to rationalize what their primal instincts, their preconceived notions, and their emotional desires have presented as goals - humans are rationalizing beings.


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Anonymous

Re: Excellent Article on the Patriot Act [Re: angryshroom]
    #1346125 - 03/02/03 06:10 AM (14 years, 27 days ago)

We'll take to the mountains! Follow me, I know the way!


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OfflineRonoS
DSYSB since '01
Male User Gallery

Registered: 01/26/01
Posts: 16,243
Loc: Calgary, Alberta
Last seen: 1 month, 20 days
Re: Excellent Article on the Patriot Act [Re: Anonymous]
    #1346159 - 03/02/03 06:58 AM (14 years, 27 days ago)

I'm already there...just follow the sound of my voice... :wink:


--------------------
"Life has never been weird enough for my liking"


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