Get Ready for PATRIOT II

By Matt Welch, AlterNet

April 2, 2003

The "fog of war" obscures more than just news from the battlefield. It also provides cover for radical domestic legislation, especially ill-considered liberty-for-security swaps, which have been historically popular at the onset of major conflicts.



The last time allied bombs fell over a foreign capital, the Bush Administration rammed through the USA PATRIOT Act, a clever acronym for maximum with-us-or-against-us leverage (the full name is "Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism").



Remarkably, this 342-page law was written, passed (by a 98-1 vote in the U.S. Senate) and signed into law within seven weeks of the Sept. 11 terrorist attack. As a result, the government gained new power to wiretap phones, confiscate property of suspected terrorists, spy on its own citizens without judicial review, conduct secret searches, snoop on the reading habits of library users, and so General John Ashcroft wants to finish the job. On Jan. 10, 2003, he sent around a draft of PATRIOT II; this time, called "The Domestic Security Enhancement Act of 2003." The more than 100 new provisions, Justice Department spokesperson Mark Corallo told the Village Voice recently, "will be filling in the holes" of PATRIOT I, "refining things that will enable us to do our job."



Though Ashcroft and his mouthpieces have issued repeated denials that the draft represents anything like a finished proposal, the Voice reported that: "Corallo confirmed ... that such measures were coming soon."



You can read the entire 87-page draft here. Constitutional watchdog Nat Hentoff has called it "the most radical government plan in our history to remove from Americans their liberties under the Bill of Rights." Some of DSEA's more draconian provisions:



* Americans could have their citizenship revoked, if found to have contributed "material support" to organizations deemed by the government, even retroactively, to be "terrorist." As Hentoff wrote in the Feb. 28 Village Voice: "Until now, in our law, an American could only lose his or her citizenship by declaring a clear intent to abandon it. But – and read this carefully from the new bill – 'the intent to relinquish nationality need not be manifested in words, but can be inferred from conduct.'" (Italics Hentoff's.)

* Legal permanent residents (like, say, my French wife), could be deported instantaneously, without a criminal charge or even evidence, if the Attorney General considers them a threat to national security. If they commit minor, non-terrorist offenses, they can still be booted out, without so much as a day in court, because the law would exempt habeas corpus review in some cases. As the American Civil Liberties Union stated in its long brief against the DSEA, "Congress has not exempted any person from habeas corpus – a protection guaranteed by the Constitution – since the Civil War."

* The government would be instructed to build a mammoth database of citizen DNA information, aimed at "detecting, investigating, prosecuting, preventing or responding to terrorist activities." Samples could be collected without a court order; one need only be suspected of wrongdoing by a law enforcement officer. Those refusing the cheek-swab could be fined 0,000 and jailed for a year. "Because no federal genetic privacy law regulates DNA databases, privacy advocates fear that the data they contain could be misused," Wired News reported March 31. "People with 'flawed' DNA have already suffered genetic discrimination at the hands of employers, insurance companies and the government."

* Authorities could wiretap anybody for 15 days, and snoop on anyone's Internet usage (including chat and email), all without obtaining a warrant.

* The government would be specifically instructed not to release any information about detainees held on suspicion of terrorist activities, until they are actually charged with a crime. Or, as Hentoff put it, "for the first time in U.S. history, secret arrests will be specifically permitted."

* Businesses that rat on their customers to the Feds – even if the information violates privacy agreements, or is, in fact, dead wrong – would be granted immunity. "Such immunity," the ACLU contended, "could provide an incentive for neighbor to spy on neighbor and pose problems similar to those inherent in Attorney General Ashcroft's Operation TIPS."

* Police officers carrying out illegal searches would also be granted legal immunity if they were just carrying out orders.

* Federal "consent decrees" limiting local law enforcement agencies' abilities to spy on citizens in their jurisdiction would be rolled back. As Howard Simon, executive director of Florida's ACLU, noted in a March 19 column in the Sarasota Herald Tribune: "The restrictions on political surveillance were hard-fought victories for civil liberties during the 1970s."

* American citizens could be subject to secret surveillance by their own government on behalf of foreign countries, including dictatorships.

* The death penalty would be expanded to cover 15 new offenses.

* And many of PATRIOT I's "sunset provisions" – stipulating that the expanded new enforcement powers would be rescinded in 2005 – would be erased from the books, cementing Ashcroft's rushed legislation in the law books. As UPI noted March 10, "These sunset provisions were a concession to critics of the bill in Congress."



I wouldn't be writing this article today had an alarmed Justice Department staffer not leaked the draft to the Center for Public Integrity in early February. Ashcroft, up to that point, had repeatedly refused to even discuss what his lawyers might be cooking up. But if 10,000 residents of Los Angeles had been vaporized by a "dirty bomb" in late January, it is reasonable to assume that the then-secret proposal would have been speed-delivered for a congressional vote, even though Congress has not so far participated in drafting the legislation (which is, after all, its Constitutional role).



As a result of the leak, and the ensuing bad press, opposition to the measure has had time to gather momentum before the first bomb was dropped on Saddam's bunker. Some of the criticism has originated from the right side of the political spectrum – a March 17 open letter to Congress was signed not only by the ACLU and People for the American Way, but the cultural-conservative think tank Free Congress Foundation, the Gun Owners of America, the American Conservative Union, and more.



One does not have to believe that Ashcroft is a Constitution-shredding ghoul to find these measures alarming, improper and possibly illegal. Glancing over the list above, and at the other DSEA literature, I can see multiple ways in which a Fed with a grudge could legally ruin my life. Removing checks and balances on law enforcement assumes perfect behavior on the part of the police.



Safeguarding civil liberties is an unpopular project in the most placid of times. Since Sept. 11, the Bush Administration has shown that it will push the envelope on nearly every restriction it considers to be impeding its prosecution of the war on terrorism. This single-minded drive requires extreme vigilance, before the fog of war becomes toxic.



Detailed critiques of the Patriot II draft have been prepared by the ACLU and the Center for Public Integrity. The Lawyers Committee for Human Rights also has a useful 98-page report on post-Sept. 11 civil liberties, and the Electronic Privacy Information Center maintains an outstanding PATRIOT-related site.



Matt Welch is the Los Angeles correspondent for the National Post, and an editor of the L.A. Examiner. He also maintains a weblog about current events.

Back in 1778, Thomas Paine warned Americans about false patriots who wave the flag on sunny days, but fail to uphold liberty in stormy weather: "These are the times that try men's souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph."



If we lose our freedom now, if we are timid in the fight, we may find ourselves in chains for perpetuity.

This is an important fight.

Oppose the Monster in the White House and his designs upon our Liberty.

"As for me, I care not what others may do, but for me give me liberty or give me death."

- Patrick Henry Falls Church Virginia 1775

Rupert, you are such a bufoon. Your posts are nonsense and given that you are fundamentally incapable of even entertaining an opposing viewpoint makes all discourse with you impossible. The world you live in must be a very dark and scary place. I really feel for unfortunates like you and sheepdog and a few others around here. Your fantasy life has poisoned you.

Anyway, good luck with your holy war against the evil forces beset against you. I'm off to the Angel game.

Diogerk:

If your going to quote a great American Patriot please use his words not some shit you made up. The real words are found below.

" I know not what course others may take; but as for me, give me liberty or give me death!"

Patrick Henry

...I have never claimed to be perfect. I leave that for you.

I did it on the fly and did not look up the exact quote so I do stand corrected.

I notice however that you attack textual errors but not the substance.

Your attack is the usual light weight ad-hominem mosquito bite.

"A conservative is a man who is too cowardly to fight and too fat to run." Elbert Hubbard

Yes, we conservatives are a fat and cowardly lot.

Why would any citizen want to give into the creation of a fascist state? The above writers, with the exception of Diogenes, seem to believe that fascism is neccessary for perpetuation of the American state.

This terribly misguided. fresca and his cohorts are probably cops, and cops are thugs, and they want an America that most of us have visualized only in the dark imagined nightmares of dystopia.

"As nightfall does not come at once, neither does oppression. In both instances, there's a twilight where everything remains seemingly unchanged, and it is in such twilight that we must be aware of change in the air, however slight, lest we become unwitting victims of the darkness."

William O. Douglas

is a phrase I will likely post in many places.

"A conservative is a man who is too cowardly to fight and too fat to run." Elbert Hubbard

How much more true can quotes get after all

These lower forms of primate life have clearly never actually read any of Patrick Henry's speeches or writings. . .For the Liberty Henry speaks of is the Liberty to simply tend his farm in Virginia, harvest his crops, sit down with his family and friends and enjoy life. I will paraphrase him since I loaned my copy of the Anti-Federalist Papers to my son: " What quarrel does a farmer in Virginia have with a farmer in France?" He foresaw empire in the Federalists "consolidated government." What need for an army or navy except to expand the empire? This trend to "export" democracy is entirely in keeping with the imperial ambitions of the Federalists, and has nothing to do with Liberty.

I sat in a movie theater watching "Schindler's List," asked myself, "Why didn't the Jews fight back?"

Now I know why.

I sat in a movie theater, watching "Pearl Harbor" and asked myself, "Why weren't we prepared?"

Now I know why.

Civilized people cannot fathom, much less predict, the actions of evil people.

On September 11, dozens of capable airplane passengers allowed themselves to be overpowered by a handful of poorly armed terrorists because they did not comprehend the depth of hatred that motivated their captors.

On September 11, thousands of innocent people were murdered because too many Americans naively reject the reality that some nations are dedicated to the dominance of others. Many political pundits, pacifists and media personnel want us to forget the carnage. They say we must focus on the bravery of the rescuers and ignore the cowardice of the killers. They implore us to understand the motivation of the perpetrators. Major television stations have announced they will assist the healing process by not replaying devastating footage of the planes crashing into the Twin Towers.

I will not be manipulated.

I will not pretend to understand.

I will not forget.

I will not forget the liberal media who abused freedom of the press to kick our country when it was vulnerable and hurting.

I will not forget that CBS anchor Dan Rather preceded President Bush's address to the nation with the snide remark, "No matter how you feel about him, he is still our president."

I will not forget that ABC TV anchor Peter Jennings questioned President Bush's motives for not returning immediately to Washington, DC and commented, "We're all pretty skeptical and cynical about Washington."

And I will not forget that ABC's Mark Halperin warned if reporters weren't informed of every little detail of this war, they aren't "likely -- nor should they be expected -- to show deference."

I will not isolate myself from my fellow Americans by pretending an attack on the USS Cole in Yemen was not an attack on the United States of America.

I will not forget the Clinton administration equipped Islamic terrorists and their supporters with the world's most sophisticated telecommunications equipment and encryption technology, thereby compromising America's ability to trace terrorist radio, cell phone, land lines, faxes and modem communications.

I will not be appeased with pointless, quick retaliatory strikes like those perfected by the previous administration.

I will not be comforted by "feel-good, do nothing" regulations like the silly, "Have your bags been under your control?" question at the airport.

I will not be influenced by so called, "antiwar demonstrators" who exploit the right of _expression to chant anti-American obscenities.

I will not forget the moral victory handed the North Vietnamese by American war protesters who reviled and spat upon the returning soldiers, airmen, sailors and marines.

I will not be softened by the wishful thinking of pacifists who chose reassurance over reality.

I will embrace the wise words of Prime Minister Tony Blair who told the Labor Party conference, "They have no moral inhibition on the slaughter of the innocent. If they could have murdered not 7,000 but 70,000, does anyone doubt they would have done so and rejoiced in it?

There is no compromise possible with such people, no meeting of minds, no point of understanding with such terror. Just a choice: defeat it or be defeated by it. And defeat it we must!"

I will force myself to:
-hear the weeping
-feel the helplessness
-imagine the terror
-sense the panic
-smell the burning flesh
- experience the loss
- remember the hatred.

I sat in a movie theater, watching "Private Ryan" and asked myself, "Where did they find the courage?"

Now I know.

We have no choice. Living without liberty is not living.

-- Ed Evans, MGySgt., USMC (Ret.)
Not as lean, Not as mean, But still a Marine.

wow

Movies & Reality

Now I know why.

wow

Actually, Mr. Henry, the export of Democracy has EVERYTHING to do with liberty. The fact that you can make your argument without fear of imprisonment is evidence of this.

If you doubt me, go to Saudi Arabia and preach the gospels. Make sure to get the number to the U.S. embassy first.

Fuck off, you pinky-dicked fascist.

Just wake up twinkie? Time to spam?

Why did you steal my gay porn tapes?

Do you all realize what a worthless piece of shit you've

turned this website into?

Beautiful, Gunny. Absolutely beautiful.