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Dead Constitution See other Dead Constitution Articles Title: The Patriot Acts I and II While ignorant people wish to annoy others with the re-election of Bush, here are the facts in plain language regarding the Patriot Act that will extend another four years. (And PAT 2 will be even worse) I’m all for the defense of our safety and the prevention of terrorist activity, but not at the cost of rights and civil liberties. And yes, I’ve actually read all 300 plus pages as well as varying opinions about them. Oh yeah, the Canadians are none to happy with the Patriot Act either since it places their citizens unknowingly under scrutiny in connection to stateside investigations as well. Now, let us move on to the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, otherwise known as the USA PATRIOT Act. The “List” Sec 203 (Authority to Share Criminal Investigative Information) allows the FBI and the CIA as well as law enforcement departments to share information that they supposedly could not before. (This is mostly blamed on Bill Clinton.) Limited to evidence of terrorist activities. B.S. What Clinton signed was a turf barrier between information gathering entities, their outside offices, law enforcement and prosecutors. This at the time was seen as a necessity because of the different legal “angles” by which these entities operated. These rules imposed in 1995 set up barriers in order to facilitate cleaner investigations without these departments stomping all over each other and to not share information to tip the scales unfairly with a prosecutor, they were not to impose an impenetrable wall. The biggest problem; computers that were incompatible as well as information that may not have been important to one entity, may have been to another. The fact is that the CIA and FBI met monthly and the “barrier” had an opening either could have walked through if one had reasonable suspicion or probable cause. That the intelligence entities were “afraid” of breaching the “wall” and in doing so 9/11 occurred was a poor excuse to dump blame elsewhere. And yet, it seems that really no one is to blame. The fact is that terrorism will find a way no matter what you do. Sec 213 (Authority For Delaying Notice Of The Execution Of A Warrant) Also known as “Sneak and Peek” permits law enforcement to search a person’s home without notification to them until later and with no one present. It also extends from what used to be just investigation of foreign terrorist activity to ANY criminal activity. This section allows for the search/wiretap of your home and personal property WITHOUT your knowledge until after the fact, sometimes long after. You also don’t need to participate in foreign terrorism either. Just the thought of you possibly committing a crime can be enough. Just think, the days when an officer would knock on your door and announce that they had a search warrant are over. This was passed since so many potential criminals wouldn’t assist law enforcement in searches. An ambiguous wide open door. With you not observing the search, they don’t have to worry about you nit-picking the boundaries set by the warrant eh? O_o Sections 206, 214 and 216 All having to do with wiretapping or electronic surveillance. I’ve put them together because hey! They don’t have to use a phone number for the warrant, they use YOU! Not only that, you’ll never know they were watching you unless the evidence was used in court against you. Section 206 allows a wiretap to legally “roam” from your home phone, to your computer, to your cell phone, to your neighbors house, to the payphone you MIGHT use…might? That’s right! This section allows that EVERY payphone (or library computer for that matter) in your neighborhood for example, or wherever can be tapped because you might use it. Section 214 lowers the standard for attaining a wire tap to relevance to an ongoing investigation, but there is nothing regarding anyone having to prove that relevance. Section 216 extends the pen/tap rulings of the above to the internet. Also extends the surveillance to much more than just terrorist activities. And you thought the Patriot Act was for use regarding terrorists and their activities didn’t you? Section 215 (Access to Records and Other Items Under the Foreign Intelligence Surveillance Act) This one is so nefarious I thought Id let the pros take over; From http://www.eff.org : Section 215 allows the FBI secretly to order anyone to turn over business records or any other "tangible things," so long as the FBI tells the secret Foreign Intelligence Surveillance Act (FISA) court that the information sought is "for an authorized investigation...to protect against international terrorism or clandestine intelligence activities." These demands for records come with a "gag order" prohibiting the recipient from telling anyone, ever, that they received a Section 215 order. From http://www.slate.msn.com: What it does: Section 215 modifies the rules on records searches. Post-Patriot Act, third-party holders of your financial, library, travel, video rental, phone, medical, church, synagogue, and mosque records can be searched without your knowledge or consent, providing the government says it's trying to protect against terrorism. From http://www.bordc.org 3 Section 215: This is the section that allows secret searches of your library and bookstore records, but also any other tangible thing, including your most intimate health records, university records, your computer hard drive, personal journals, and even (according to Attorney General Ashcroft’s testimony this summer) your genetic information. Note that while the FBI can launch an investigation at will, and prevent anyone disclosing the records from telling anyone under criminal penalty, the only other party involved is the secret Foreign Intelligence Surveillance Court, which (i) was previously used only against foreign spies and terrorists and not U.S. citizens, (ii) has considered about 15,000 requests for such secret searches and has never refused a single one, and (iii) is required by the plain language of the law to grant the FBI’s request! That’s hardly meaningful judicial review or in compliance with the fourth amendment prohibition against unreasonable searches and requirement for a specific warrant issued by independent judges. Note also that the standard is NOT probable cause, but merely the fact that the FBI at its own discretion has launched an investigation (which COULD merely be a fishing expedition, because of the lack of true checks and balances). The text of the law itself reads; 215: “The Director of the Federal Bureau of Investigation or a designee of the Director (whose rank shall be no lower than Assistant Special Agent in Charge) may make an application for an order requiring the production of any tangible things (including books, records, papers, documents, and other items) for an investigation to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution. . . . Each application under this section-- `(1) shall be made to-- `(A) a judge of the [secret FISA]court . . . [and] the judge shall enter an ex parte order as requested, or as modified, approving the release of records if the judge finds that the application meets the requirements of this section. . . . No person shall disclose to any other person (other than those persons necessary to produce the tangible things under this section) that the Federal Bureau of Investigation has sought or obtained tangible things under this section.” (emphasis added) Sec 505, 507 and 508 (my personal favorites) Section 505 gives the attorney general the power to demand the production of confidential educational records on declaration that the information is needed for a terrorism-related investigation without a court order. Permits the use of so-called "National Security Letters" to force the production of records and information about targets without having to convince a judge to issue a court order. From http://www.bordc.org ; This is the provision allowing the FBI to acquire whole categories of records – telephone, financial, consumer reports, merely by sending an “administrative subpoena” or so-called “National Security Letter”, which requires no probable cause of judicial review whatsoever. This provision has recently and without attention (it was buried in the Intelligence Authorization Bill for 2003) been extended to many other categories of businesses, ranging beyond banks, brokers, and financial institutions to reach internet service providers, airlines, car dealers, travel agents, pawn shops, and others – new bureaucratic record-keeping and disclosure burdens without any clear corresponding security benefits. While few Americans seem to be getting exercised over Section 505, it's actually a good deal scarier than 215—the angry librarian provision—in some ways. Why? Because there is no check on the attorney general's discretion, not even a toothless judge. Add to this the government's refusal to disclose how these letters have been used, and there are some grounds for paranoia over this provision. From http://www.bordc.org Sections 507 and 508 which impose an unfunded mandate on state and local public universities who must collect information on students that may be of interest to the Attorney General. Additionally; http://www.eff.org/Privacy/Surveill.../sunset/505.php In addition; From http://www.bordc.org Sections 215, 218, 358, and 508 which permit law enforcement authorities to have broad access to sensitive mental health, library, business, financial, and educational records despite the existence of previously adopted state and federal laws which were intended to strengthen the protection of these types of records Also, there is another provision that states that the Patriot Act supercedes ANY town and/or state referendums against it but I don’t remember which one it is. I’m tired after doing all that reading. I highly suggest to anyone to read it too. Then you can judge for yourself what you deem appropriate surveillance. Take care of yourselves. Continue to the PATRIOT ACT II - = > ECTION 102 of the new Patriot Act ll states clearly that any information gathering, regardless of whether or not those activities are illegal, can be considered to be clandestine intelligence activities for a foreign power. This makes news gathering illegal. A Brief Analysis of the Domestic Security Enhancement Act 2003 - Also Known as USA Patriot Act II Congressman Ron Paul told the Washington Times that no member of Congress was allowed to read the first Patriot Act that was passed by the House on October 27, 2001. The first Patriot Act was universally decried by civil libertarians and Constitutional scholars from across the political spectrum. William Safire, while writing for the New York Times, described the first Patriot Act's powers by saying that President Bush was "seizing dictatorial control." On February 7, 2003 the Center for Public Integrity, a non-partisan public interest think-tank in DC, revealed the full text of the Domestic Security Enhancement Act of 2003. The classified document had been leaked to them by an unnamed source inside the Federal government. The document consisted of a 33 page section by section analysis of the accompanying 87 page bill. The bill itself is stamped "Confidential - Not for Distribution." Upon reading the analysis and bill, I was stunned by the scientifically crafted tyranny contained in the legislation. The Justice Department Office of Legislative Affairs admits that they had indeed covertly transmitted a copy of the legislation to Speaker of the House Dennis Hastert, (R-Il) and the Vice President of the United States, Dick Cheney as well as the executive heads of federal law enforcement agencies. It is important to note that no member of Congress was allowed to see the first Patriot Act before its passage, and that no debate was tolerate by the House and Senate leadership. The intentions of the White House and Speaker Hastert concerning Patriot Act II appear to be a carbon copy replay of the events that led to the unprecedented passage of the first Patriot Act. There are two glaring areas that need to be looked at concerning this new legislation: 1. The secretive tactics being used by the White House and Speaker Hastert to keep even the existence of this legislation secret would be more at home in Communist China than in the United States. The fact that Dick Cheney publicly managed the steamroller passage of the first Patriot Act, ensuring that no one was allowed to read it and publicly threatening members of Congress that if they didn't vote in favor of it that they would be blamed for the next terrorist attack, is by the White House's own definition terrorism. The move to clandestinely craft and then bully passage of any legislation by the Executive Branch is clearly an impeachable offense. 2. The second Patriot Act is a mirror image of powers that Julius Caesar and Adolf Hitler gave themselves. Whereas the First Patriot Act only gutted the First, Third, Fourth and Fifth Amendments, and seriously damaged the Seventh and the Tenth, the Second Patriot Act reorganizes the entire Federal government as well as many areas of state government under the dictatorial control of the Justice Department, the Office of Homeland Security and the FEMA NORTHCOM military command. The Domestic Security Enhancement Act 2003, also known as the Second Patriot Act is by its very structure the definition of dictatorship. I challenge all Americans to study the new Patriot Act and to compare it to the Constitution, Bill of Rights and Declaration of Independence. Ninety percent of the act has nothing to do with terrorism and is instead a giant Federal power-grab with tentacles reaching into every facet of our society. It strips American citizens of all of their rights and grants the government and its private agents total immunity. Here is a quick thumbnail sketch of just some of the draconian measures encapsulated within this tyrannical legislation: SECTION 501 (Expatriation of Terrorists) expands the Bush administration's "enemy combatant" definition to all American citizens who "may" have violated any provision of Section 802 of the first Patriot Act. (Section 802 is the new definition of domestic terrorism, and the definition is "any action that endangers human life that is a violation of any Federal or State law.") Section 501 of the second Patriot Act directly connects to Section 125 of the same act. The Justice Department boldly claims that the incredibly broad Section 802 of the First USA Patriot Act isn't broad enough and that a new, unlimited definition of terrorism is needed. Under Section 501 a US citizen engaging in lawful activities can be grabbed off the street and thrown into a van never to be seen again. The Justice Department states that they can do this because the person "had inferred from conduct" that they were not a US citizen. Remember Section 802 of the First USA Patriot Act states that any violation of Federal or State law can result in the "enemy combatant" terrorist designation. * SECTION 201 of the second Patriot Act makes it a criminal act for any member of the government or any citizen to release any information concerning the incarceration or whereabouts of detainees. It also states that law enforcement does not even have to tell the press who they have arrested and they never have to release the names. * SECTION 301 and 306 (Terrorist Identification Database) set up a national database of "suspected terrorists" and radically expand the database to include anyone associated with suspected terrorist groups and anyone involved in crimes or having supported any group designated as "terrorist." These sections also set up a national DNA database for anyone on probation or who has been on probation for any crime, and orders State governments to collect the DNA for the Federal government. * SECTION 312 gives immunity to law enforcement engaging in spying operations against the American people and would place substantial restrictions on court injunctions against Federal violations of civil rights across the board. * SECTION 101 will designate individual terrorists as foreign powers and again strip them of all rights under the "enemy combatant" designation. * SECTION 102 states clearly that any information gathering, regardless of whether or not those activities are illegal, can be considered to be clandestine intelligence activities for a foreign power. This makes news gathering illegal. * SECTION 103 allows the Federal government to use wartime martial law powers domestically and internationally without Congress declaring that a state of war exists. * SECTION 106 is bone-chilling in its straightforwardness. It states that broad general warrants by the secret FSIA court (a panel of secret judges set up in a star chamber system that convenes in an undisclosed location) granted under the first Patriot Act are not good enough. It states that government agents must be given immunity for carrying out searches with no prior court approval. This section throws out the entire Fourth Amendment against unreasonable searches and seizures * SECTION 109 allows secret star chamber courts to issue contempt charges against any individual or corporation who refuses to incriminate themselves or others. This sections annihilate the last vestiges of the Fifth Amendment. * SECTION 110 restates that key police state clauses in the first Patriot Act were not sunsetted and removes the five year sunset clause from other subsections of the first Patriot Act. After all, the media has told us: "This is the New America. Get used to it. This is forever." * SECTION 111 expands the definition of the "enemy combatant" designation. * SECTION 122 restates the government's newly announced power of "surveillance without a court order." * SECTION 123 restates that the government no longer needs warrants and that the investigations can be a giant dragnet-style sweep described in press reports about the Total Information Awareness Network. One passage reads, "thus the focus of domestic surveillance may be less precise than that directed against more conventional types of crime."*Note: Over and over again, in subsection after subsection, the second Patriot Act states that its new Soviet-type powers will be used to fight international terrorism, domestic terrorism and other types of crimes. Of course the government has already announced in Section 802 of the first USA Patriot act that any crime is considered domestic terrorism. * SECTION 126 grants the government the right to mine the entire spectrum of public and private sector information from bank records to educational and medical records. This is the enacting law to allow ECHELON and the Total Information Awareness Network to break down any and all walls of privacy. The government states that they must look at everything to "determine" if individuals or groups might have a connection to terrorist groups. As you can now see, you are guilty until proven innocent. * SECTION 127 allows the government to takeover coroners' and medical examiners' operations whenever they see fit. See how this is like Bill Clinton's special medical examiner he had in Arkansas that ruled that people had committed suicide when their arms and legs had been cut off. * SECTION 128 allows the Federal government to place gag orders on Federal and State Grand Juries and to take over the proceedings. It also disallows individuals or organizations to even try to quash a Federal subpoena. So now defending yourself will be a terrorist action. * SECTION 129 destroys any remaining whistle blower protection for Federal agents. * SECTION 202 allows corporations to keep secret their activities with toxic biological, chemical or radiological materials. * SECTION 205 allows top Federal officials to keep all their financial dealings secret, and anyone investigating them can be considered a terrorist. This should be very useful for Dick Cheney to stop anyone investigating Haliburton. * SECTION 303 sets up national DNA database of suspected terrorists. The database will also be used to "stop other unlawful activities." It will share the information with state, local and foreign agencies for the same purposes. * SECTION 311 federalizes your local police department in the area of information sharing. * SECTION 313 provides liability protection for businesses, especially big businesses that spy on their customers for Homeland Security, violating their privacy agreements. It goes on to say that these are all preventative measures - has anyone seen Minority Report? This is the access hub for the Total Information Awareness Network. * SECTION 321 authorizes foreign governments to spy on the American people and to share information with foreign governments. * SECTION 322 removes Congress from the extradition process and allows officers of the Homeland Security complex to extradite American citizens anywhere they wish. It also allows Homeland Security to secretly take individuals out of foreign countries. * SECTION 402 is titled "Providing Material Support to Terrorism." The section reads that there is no requirement to show that the individual even had the intent to aid terrorists. * SECTION 403 expands the definition of weapons of mass destruction to include any activity that affects interstate or foreign commerce. * SECTION 404 makes it a crime for a terrorist or "other criminals" to use encryption in the commission of a crime. * SECTION 408 creates "lifetime parole" (basically, slavery) for a whole host of crimes. * SECTION 410 creates no statute of limitations for anyone that engages in terrorist actions or supports terrorists. Remember: any crime is now considered terrorism under the first Patriot Act. * SECTION 411 expands crimes that are punishable by death. Again, they point to Section 802 of the first Patriot Act and state that any terrorist act or support of terrorist act can result in the death penalty. * SECTION 421 increases penalties for terrorist financing. This section states that any type of financial activity connected to terrorism will result to time in prison and $10-50,000 fines per violation. * SECTION 427 sets up asset forfeiture provisions for anyone engaging in terrorist activities. There are many other sections that I did not cover in the interest of time. The American people were shocked by the despotic nature of the first Patriot Act. The second Patriot Act dwarfs all police state legislation in modern world history. There are many other sections that I did not cover in the interest of time. The American people were shocked by the despotic nature of the first Patriot Act. The second Patriot Act dwarfs all police state legislation in modern world history. Usually, corrupt governments allow their citizens lots of wonderful rights on paper, while carrying out their jackbooted oppression covertly. From snatch and grab operations to warantless searches, Patriot Act II is an Adolf Hitler wish list. You can understand why President Bush/Dick Cheney & Dennis Hastert want to keep this legislation secret not just from Congress, but the American people as well. Bill Allison, Managing Editor of the Center for Public Integrity, the group that broke this story, stated on my radio show that it was obvious that they were just waiting for another terrorist attack to opportunistically get this new bill through. He then shocked me with an insightful comment about how the Federal government was crafting this so that they could go after the American people in general. He also agreed that the FBI has been quietly demonizing patriots and Christians and those who carry around pocket Constitutions. I have produced two documentary films and written a book about what really happened on September 11th. The bottom line is this: the military-industrial complex carried the attacks out as a pretext for control. Anyone who doubts this just hasn?t looked at the mountains of hard evidence. Of course, the current group of white collar criminals in the White House might not care that were finding out the details of their next phase. Because, after all, when smallpox gets released, or more buildings start blowing up, the President can stand up there at his lectern suppressing a smirk, squeeze out a tear or two, and tell us that See I was right. I had to take away your rights to keep you safe. And now it's your fault that all of these children are dead. From that point on, if anyone criticizes tyranny they will be shouted down by the paid talking head government mouthpieces in the mainstream media. You have to admit, its a beautiful script. Unfortunately, it's being played out in the real world. If we don't get the word out that government is using terror to control our lives while doing nothing to stop the terrorists, we will deserve what we get - tyranny. But our children won't deserve it. HOW THE PATRIOT ACT COMPARES TO HITLERS ERMÄCHTIGUNGSGESETZ (ENABLING ACT): At http://www.furnitureforthepeople.com/actpat.htm you can read the following 4 Articles: 1) How Patriot Act Compares to Hitler's Ermächtigungsgesetz (Enabling Act) 2) A 21st Century Comparison of The Enabling Act and The Patriot Act 3) Ten Key Dangers of The Patriot Act that Every American Should Know 4) Bill Moyers' NOW Comments on the Patriot Act
Poster Comment: I'm honestly not sure how current this information is. Our congresswhores never read it anyway. It could be worse now, and most likely is.
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