TOTAL POLICE STATE TAKEOVER
A Brief Analysis of the Domestic Security Enhancement Act
2003, Also Known as Patriot Act II
By
Congressman Ron Paul (R-Tex) 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.*Note: On February 10, 2003 I discovered that not only was there a house version that had been covertly brought to Hastert, but that many provisions of the now public Patriot Act II had already been introduced as pork barrel riders on Senate Bill S. 22. Dozens of subsections and even the titles of the subsections are identical to those in the House version. This is very important because it catches the Justice Department in a bald-faced lie. The Justice Department claimed that the secret legislation brought into the House was only for study, and that at this time there was no intention to try and pass it. Now upon reading S. 22, it is clear that the leadership of the Senate is fully aware of the Patriot Act II, and have passed these riders out of their committees into the full bill. I spent two hours scanning through S. 22 and, let me tell you, it is a nightmare for anyone who loves liberty. It even contains the Our Lady of Peace Act that registers all gun owners. It bans the private sale of all firearms, creates a Federal ballistics database, and much more.
There are other bills in the Senate that grant the Federal government sweeping powers. S.45 states in section one that the office for State and local government coordination for Homeland Security will no longer just oversee, but that now local cities critical functions will be headed by a Federal director. On Tuesday, February 11th, we noted a story in The Times-Picayune with the headline: Nagin announces major overhaul of City Hall --New Homeland Security office to oversee cops, firemen, emergency agency. The Federal power-grab taking place is widespread and all Americans must mobilize to resist it.
Another interesting bill is S. 16. S. 16 is a smorgasbord of Federal funding and control over local police departments and needs to be examined closely.
S. 89, The Universal National Service Act of 2003 is the hallmark of an authoritarian society. The description of the bill is, "To provide for the common defense by requiring that all young persons in the United States, including women, perf
orm a period of military service of civilian service in furtherance of the national defense and homeland security, and for other purposes." We have looked at some of the programs that the Federal government has already been setting up for service here in the "homeland" and they include East German-style tattletale squads of every type, which are just basically a super TIPS program. The nightmare goes on and on. Check it out for yourself.
The Patriot Act II 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, insuring 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 offence.
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 totally 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 whistleblower 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 Halliburton.
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.
SECTIONS 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.
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 warrantless searches, Patriot Act II is an Adolf Hitler wish list.
You can understand why President Bush, Dick Cheney and 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 we’re 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, anyone who criticizes tyranny will be shouted down by the paid talking head government mou
thpieces in the mainstream media.You have to admit, it’s 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.
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