Fwd: [CSL]: Patriot Act II - Must read

Phil Graham phil.graham at MAILBOX.UQ.EDU.AU
Wed Mar 12 12:01:07 UTC 2003

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Subject: [CSL]: Patriot Act II - Must read
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From: JDean [mailto:seabury at mixcom.com]
Sent: 08 March 2003 23:33
To: seabury
Subject: Patriot Act II - Must read

  A Brief Analysis of the Domestic Security
  Enhancement  Act 2003, Also Known as Patriot Act II
By Alex Jones   www.infowars.com

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.

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
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
member on  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

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 contemp 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 take 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

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

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.

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Phil Graham
Senior Lecturer
UQ Business School

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