imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List




IMC Network:

Original Cities

www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities

www.indymedia.org africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

WHAT PATRIOT II PROPOSES TO DO

by C/O Diogenes Wednesday, Apr. 16, 2003 at 6:31 AM

I hope people find this of use. It seems to be a good basic summary of the provisions of the Fourth Reich's "Enabling Act".



WHAT PATRIOT II PROPOSES TO DO

(From Hatefreezone.org)

The Bush Administration's draft Domestic Security Enhancement Act of 2003 would radically expand law enforcement and intelligence gathering authorities, reduce or eliminate judicial oversight over surveillance, authorize secret arrests, create a DNA database based on unchecked executive "suspicion," create new death penalties, and even seek to take American citizenship away from persons who belong to or support disfavored political groups. Here are a few highlights:

1. Secret Arrests. Section 201 would authorize secret arrests, overturning a federal court decision requiring the government to disclose the identity of persons it has detained in the September 11 investigation. This provision would mandate that all arrests in connection with "international terrorism" investigations be secret until an indictment is filed. Never before in our history have we permitted secret arrests.

2. Ending Consent Decrees Against Illegal Police Spying. Section 312 would automatically terminate any consent decree governing police spying abuse that was entered before September 11, 2001, no matter what the basis of that decree. It would essentially eliminate consent decrees for the future with respect to police spying, and place substantial restrictions on judicial injunctions.

3. Unchecked Deportation Authority. Section 503 would give the Attorney General unchecked power to deport foreign nationals, including lawful permanent resident aliens, whenever he determines that their presence is inconsistent with our "national security," which is defined to include "economic interests" or "foreign policy." The D.C. Circuit has already held that courts cannot review what actions violate our "foreign policy," and therefore this would give the Attorney General license to deport any foreign national of his choosing.

4. Stripping Citizenship for Political Associations. Section 501 would seek to strip citizenship from persons for their political associations. It would provide that even activity that is currently legal to engage in - such as belonging to or supporting the lawful activities of a group designated "terrorist" by the Attorney General - would be presumptive grounds for losing one's citizenship.

5. Bypassing Judicial Oversight. Section 103 would authorize the Attorney General to bypass the courts altogether for Foreign Intelligence Surveillance Act searches and wiretaps whenever Congress has authorized the use of force. Section 128 would allow government to bypass grand juries for subpoenas in terrorism investigations. Section 126 allows government to bypass courts or grand juries in seeking access to credit reports.

6. DNA Database for "Suspected" Terrorists. Section 301-306 would authorize creation of a DNA database on "suspected terrorists," expansively defined to include mere association with suspected terrorist groups, and noncitizens suspected of everyday crimes or of having supported any group designated as terrorist.

7. Eliminating Privacy Protections for U.S. Citizens. Section 107 would eliminate protections in the current FISA law for U.S. persons (citizens and lawful permanent residents). It would allow the government to get pen registers on U.S. persons for any foreign intelligence investigation, without regard to any criminal or terrorist nexus.

8. Collapsing Distinction Between Domestic and International Terrorism Investigations. Section 121 eliminates the distinction between international terrorism and domestic terrorism. The reason for that distinction has been that domestic terrorism is a crime, and should be treated as a criminal matter, while international terrorism is both a crime and a matter of foreign intelligence. As a result, international terrorism investigations have used broader surveillance under looser restrictions than domestic terrorism investigations, which are subject to the traditional restrictions that apply to all criminal investigations.. This bill would eliminate that distinction, treating wholly domestic criminal acts and conspiracies as subject to the same authorities that extend to foreign intelligence gathering.

9. Access to Credit Reports Section 126 would give federal law enforcement authorities access to credit reports on the same basis as private companies. Historically, law enforcement access has been more limited, because of concerns that law enforcement is more susceptible to serious abuse than private companies. This provision would eliminate that distinction.

10. Secrecy. Section 128 and 206 impose gag orders on persons subjected to terrorism investigations. Section 204 would presumptively give the government authority to make secret presentations to courts in criminal cases related to the Classified Information Procedures Act.

11. New Death Penalties. Section 411 creates new death penalties for certain terrorist offenses.

12. Extradition Without Treaty. Section 322 authorizes extradition even where there is no treaty authorizing and setting criteria for extradition.

13. Expedited Removal for "Criminal Aliens." Section 504 has nothing to do with terrorism whatsoever. It creates an "expedited removal" process, radically limiting judicial review, for any foreign national convicted of a wide range of minor and major crimes, irrespective of when the crime was committed. This simply exacerbates the already harsh immigration laws governing those who have committed a crime, and seeks to deprive them of any meaningful judicial review, without any connection to terrorism or national security.

 

For more complete information on this bill and for a download of the text goto http://www.publicintegrity.org/dtaweb/report.asp?ReportID=502&L1=10&L2=10&L3 =0&L4=0&L5=0



(WASHINGTON, Feb. 7, 2003) -- Washington Post

The Bush Administration is preparing a bold, comprehensive sequel to the USA Patriot Act passed in the wake of September 11, 2001, which will give the government broad, sweeping new powers to increase domestic intelligence-gathering, surveillance and law enforcement prerogatives, and simultaneously decrease judicial review and public access to information. The Center for Public Integrity has obtained a draft, dated January 9, 2003, of this previously undisclosed legislation and is making it available in full text The bill, drafted by the staff of Attorney General John Ashcroft and entitled the Domestic Security Enhancement Act of 2003, has not been officially released by the Department of Justice, although rumors of its development have circulated around the Capitol for the last few months under the name of "the Patriot Act II" in legislative parlance. "We haven't heard anything from the Justice Department on updating the Patriot Act," House Judiciary Committee spokesman Jeff Lungren told the Center. "They haven't shared their thoughts on that. Obviously, we'd be interested, but we haven't heard anything at this point." Senior members of the Senate Judiciary Committee minority staff have inquired about Patriot II for months and have been told as recently as this week that there is no such legislation being planned. Mark Corallo, deputy director of Justice's Office of Public Affairs, told the Center his office was unaware of the draft. "I have heard people talking about revising the Patriot Act, we are looking to work on things the way we would do with any law," he said. "We may work to make modifications to protect Americans," he added. When told that the Center had a copy of the draft legislation, he said, "This is all news to me. I have never heard of this." After the Center posted this story, Barbara Comstock, director of public affairs for the Justice Dept.,released a statement saying that, "Department staff have not presented any final proposals to either the Attorney General or the White House. It would be premature to speculate on any future decisions, particularly ideas or proposals that are still being discussed at staff levels." that was obtained by the PBS program "Now With Bill Moyers"



It also changed provisions of Foreign Intelligence Surveillance Act, which was passed in 1978 during the Cold War. FISA established a different standard of government oversight and judicial review for "foreign intelligence" surveillance than that applied to traditional domestic law enforcement surveillance.



The USA Patriot Act allowed the Federal Bureau of Investigation to share information gathered in terrorism investigations under the "foreign intelligence" standard with local law enforcement agencies, in essence nullifying the higher standard of oversight that applied to domestic investigations. The USA Patriot Act also amended FISA to permit surveillance under the less rigorous standard whenever "foreign intelligence" was a "significant purpose" rather than the "primary purpose" of an investigation.



The draft legislation goes further in that direction. "In the [USA Patriot Act] we have to break down the wall of foreign intelligence and law enforcement," Cole said. "Now they want to break down the wall between international terrorism and domestic terrorism."



In an Oct. 9, 2002, hearing of the Senate Judiciary Subcommittee on Technology, Terrorism, and Government Information, Deputy Assistant Attorney General Alice Fisher testified that Justice had been, "looking at potential proposals on following up on the PATRIOT Act for new tools and we have also been working with different agencies within the government and they are still studying that and hopefully we will continue to work with this committee in the future on new tools that we believe are necessary in the war on terrorism."



Asked by Sen. Russ Feingold (D-Wis.) whether she could inform the committee of what specific areas Justice was looking at, Fisher replied, "At this point I can't, I'm sorry. They're studying a lot of different ideas and a lot of different tools that follow up on information sharing and other aspects."



Assistant Attorney General for Legal Policy Viet Dinh, who was the principal author of the first Patriot Act, told last October that there was "an ongoing process to continue evaluating and re-evaluating authorities we have with respect to counterterrorism," but declined to say whether a new bill was forthcoming.



Former FBI Director William Sessions, who urged caution while Congress considered the USA Patriot Act, did not want to enter the fray concerning a possible successor bill.



"I hate to jump into it, because it's a very delicate thing," Sessions told the Center, without acknowledging whether he knew of any proposed additions or revisions to the additional Patriot bill.



When the first bill was nearing passage in the Congress in late 2001, however, Sessions told Internet site NewsMax.Com that the balance between civil liberties and sufficient intelligence gathering was a difficult one. "First of all, the Attorney General has to justify fully what he's asking for," Sessions, who served presidents Reagan and George H.W. Bush as FBI Director from 1987 until 1993, said at the time. "We need to be sure that we provide an effective means to deal with criminality." At the same time, he said, "we need to be sure that we are mindful of the Constitution, mindful of privacy considerations, but also meet the technological needs we have" to gather intelligence.



Cole found it disturbing that there have been no consultations with Congress on the draft legislation. "It raises a lot of serious concerns and is troubling as a generic matter that they have gotten this far along and tell people that there is nothing in the works. What that suggests is that they're waiting for a propitious time to introduce it, which might well be when a war is begun. At that time there would be less opportunity for discussion and they'll have a much stronger hand in saying that they need these right away."





 

Patriot Act's Big Brother

by David Cole, The Nation

In early February, the Center for Public Integrity disclosed a leaked draft of the Bush Administration's next round in the war on terrorism--the Domestic Security Enhancement Act (DSEA).

The draft legislation, stamped Confidential and dated January 9, 2003, appears to be in final form but has not yet been introduced in Congress. Presumably the Administration had determined that the timing would be more propitious for passage--meaning less propitious for reasoned debate--after we go to war with Iraq. But it is one thing to play politics with the timing of a farm bill; it is another matter to do so with a bill that would radically alter our rights and freedoms. If the Patriot Act was so named to imply that those who question its sweeping new powers of surveillance, detention and prosecution are traitors, the DSEA takes that theme one giant step further.

It provides that any citizen, even native-born, who supports even the lawful activities of an organization the executive branch deems "terrorist" is presumptively stripped of his or her citizenship. To date, the "war on terrorism" has largely been directed at noncitizens, especially Arabs and Muslims. But the DSEA would actually turn citizens associated with "terrorist" groups into aliens. They would then be subject to the deportation power, which the DSEA would expand to give the Attorney General the authority to deport any noncitizen whose presence he deems a threat to our "national defense, foreign policy or economic interests." One federal court of appeals has already ruled that this standard is not susceptible to judicial review.

So this provision would give the Attorney General unreviewable authority to deport any noncitizen he chooses, with no need to prove that the person has engaged in any criminal or harmful conduct. A US citizen stripped of his citizenship and ordered deported would presumably have nowhere to go. But another provision authorizes the Attorney General to deport persons "to any country or region regardless of whether the country or region has a government." And failing deportation to Somalia (or a similar place), the Justice Department has issued a regulation empowering it to detain indefinitely suspected terrorists who are ordered deported but cannot be removed because they are stateless or their country of origin refuses to take them back.

Other provisions are designed to further insulate the war on terrorism from public and judicial scrutiny. The bill would authorize secret arrests, a practice common in totalitarian regimes but never before authorized in the United States. It would terminate court orders barring illegal police spying entered before September 11, 2001, without regard to the need for judicial supervision. It would allow secret government wiretaps and searches without even a warrant from the supersecret Foreign Intelligence Surveillance Court when Congress has authorized the use of force. And it would give the government the same access to credit reports as private companies, without judicial supervision.

Historically, we have imposed a higher threshold, and judicial oversight, on government access to such private information, because government has the motive and the wherewithal to abuse the information in ways private companies generally do not. But the trajectory of the war on terrorism is probably best illustrated by an obscure provision that would eliminate the distinction between domestic terrorism and international terrorism for a host of investigatory purposes. The Administration's argument sounds reasonable enough--terrorism is terrorism, whether it's within the United States or has an international component.

But in the Patriot Act debates, the Administration argued that it should be afforded broader surveillance powers over "international terrorism" because such acts are simultaneously a matter of domestic law enforcement and foreign intelligence. Because foreign intelligence gathering has traditionally been subject to looser standards than criminal law enforcement, the government argued, the looser standards should extend to domestic investigations of "international terrorism." But now it proposes to extend the same loose standards to investigations of wholly domestic crimes. The DSEA's treatment of expatriation and domestic terrorism are harbingers of things to come. Thus far, much of the war on terrorism has been targeted at foreign nationals and sold to the American people on that ground.

Americans' rights are not at stake, the argument goes, because we're concerned with "international" crime committed mostly by "aliens." With the DSEA, however, the Administration seeks to transgress both the alien-citizen line, by turning citizens into aliens for their political ties, and the domestic-international line, extending to wholly domestic criminal-law-enforcement tools that were previously reserved for international terrorism investigations. How will Congress respond? Thus far, when citizens' rights have been directly threatened, Congress has taken civil liberties seriously. Most recently, it blocked the Pentagon's Total Information Awareness data-mining program.

But it blocked it only as applied to US citizens. As long as the Pentagon violates only foreign nationals' privacy, Congress in effect said, Go ahead. But that tactic--protecting citizens' rights while ignoring those of foreign nationals--is untenable, not only on moral grounds but because if the Administration gets its way, we are all potentially "aliens."

This article can be found on the web at:

http://www.thenation.com/doc.mhtml?i=20030317&s=cole
Report this post as:

LATEST COMMENTS ABOUT THIS ARTICLE
Listed below are the 10 latest comments of 28 posted about this article.
These comments are anonymously submitted by the website visitors.
TITLE AUTHOR DATE
What you are looking at... Diogenes Wednesday, Apr. 16, 2003 at 6:37 AM
The Tree of Liberty Thomas Jefferson Wednesday, Apr. 16, 2003 at 2:52 PM
Jesus Diogenes flipper Wednesday, Apr. 16, 2003 at 5:18 PM
Freedom? Diogenes Wednesday, Apr. 16, 2003 at 7:50 PM
Sorry... Diogenes Wednesday, Apr. 16, 2003 at 7:52 PM
AMARICA!!!! AMARICAN!!!1 Wednesday, Apr. 16, 2003 at 7:59 PM
Sorry... Diogenes Wednesday, Apr. 16, 2003 at 8:13 PM
My Mysterious Helper... Diogenes Wednesday, Apr. 16, 2003 at 8:16 PM
And now in the dark of night... Diogenes Thursday, Apr. 17, 2003 at 9:19 AM
Simple Simple Simon Thursday, Apr. 17, 2003 at 10:21 AM
Simple Simple Simon Thursday, Apr. 17, 2003 at 10:25 AM
Simple Simple Simon Thursday, Apr. 17, 2003 at 10:33 AM
Simple Simple Simon Thursday, Apr. 17, 2003 at 10:39 AM
"The only other option is to resist." daveman Thursday, Apr. 17, 2003 at 10:41 AM
Simple Simple Simon Thursday, Apr. 17, 2003 at 10:42 AM
wow, Diogenes, you put the hurt on them... Sheepdog Thursday, Apr. 17, 2003 at 10:50 AM
Simple Simple Simon Thursday, Apr. 17, 2003 at 10:51 AM
Well then Sheepdog Thursday, Apr. 17, 2003 at 10:53 AM
Patriot trucks terrist Thursday, Apr. 17, 2003 at 10:53 AM
Spam daveman Thursday, Apr. 17, 2003 at 10:54 AM
Yo,terrist... daveman Thursday, Apr. 17, 2003 at 10:56 AM
Simple Simple Simon Thursday, Apr. 17, 2003 at 10:58 AM
Do you actually think... daveman Thursday, Apr. 17, 2003 at 10:59 AM
Simple Simple Simon Thursday, Apr. 17, 2003 at 11:01 AM

Local News

More Pix: "Families Belong Together," Pasadena J02 12:16PM

"Families Belong Together" March, Pasadena J02 12:08PM

Short Report on the Families Belong Together Protest in Los Angeles J30 4:26PM

Summer 2018 National Immigrant Solidarity Network News Alert! J10 11:58PM

Watch the Debate: Excluded Candidates for Governor of California M30 10:20PM

Change Links June 2018 posted M28 12:41AM

The Montrose Peace Vigil at 12 Years M22 1:01PM

Unity Archive Project M21 2:42AM

Dianne Feinstein's Promotion of War, Secret Animal Abuse, Military Profiteering, Censorshi M17 3:22PM

CA Senate Bill 1303 would require an independent coroner rather than being part of police M10 2:08PM

Three years after OC snitch scandal, no charges filed against sheriffs deputies M10 1:57PM

California police agencies violate Brown Act (open meetings) M02 1:31PM

Insane Company Wants To Send Nuke Plant Waste To New Mexico A29 4:47PM

Change Links May 2018 A27 1:40AM

Worker-Owned Car Wash on Vermont Closed A26 10:37PM

GUIDE TO REBEL CITY LOS ANGELES AVAILABLE A12 5:39PM

lausd whistle blower A10 11:58PM

Website Upgrade A10 3:02AM

Help KCET and UCLA identify 60s-70s Chicano images A04 1:02PM

UCLA Luskin: Casting Youth Justice in a Different Light A02 11:58AM

Change Links April 2018 A01 11:27AM

Nuclear Shutdown News March 2018 M31 6:57PM

Join The Protest Rally in Glendale on April 10, 2018! M29 7:00PM

Spring 2018 National Immigrant Solidarity Network News Alert! M19 2:02PM

Anti-Eviction Mapping Project Shows Shocking Eviction Trends in L.A. M16 5:40PM

Steve Mnuchin video at UCLA released M15 12:34AM

Actress and Philanthropist Tanna Frederick Hosts Project Save Our Surf Beach Clean Ups M06 12:10PM

After Being Told He's 'Full of Sh*t' at School Event, Mnuchin Demands UCLA Suppress Video M02 11:44AM

More Local News...

Other/Breaking News

Asian Countries:Cambodia, Vietnam, N. Korea do not permit unlawful immigration J16 8:06PM

Children Incorporated Earns 4-Star Rating on Charity Navigator J16 11:24AM

Democratic Socialists of America J14 4:57PM

Leonard Peltier Non Violent Native American Political Prisoner since 1970's J14 4:18PM

Paraphysique miscellanées de l'aggiornamento J14 12:54AM

Actress and Philanthropist Tanna Frederick Hosts Project Save Our Surf Beach Cleanup J13 4:14PM

FBI Investigated LA County Sheriff Baca,Why Not Hank Skinner's Persecution? J13 3:52PM

Updated Partial List Of Famous Vegetarians, Vegans, & Fruitarians J13 2:59PM

The Shortwave Report 07136/18 Listen Globally! J12 4:36PM

Social Policy as Social Infrastructure J12 3:38AM

Vol I: 84 Varieties Of GOP Election Fraud J12 1:50AM

Texas Can Call it An Execution,But It is A State Sponsored Murder of Hank Skinner.. J11 6:48PM

June 2018 Honduras coup update J11 3:35PM

Maria Estrada doubles down on racist support J11 1:40PM

New York Women in Film & Television Announces 2018 NYWIFT Ha Phuong Scholarship Recipients J11 10:14AM

Trapps de la domination, trapps de l'aliénation J11 1:31AM

Please Work For The Defeat Of Brett Kavanaugh And Why J09 8:54PM

Change Links 2018 July posted J09 1:27PM

Transinhumanisme ( transe inhumanisme ) J09 12:44PM

Google, World's Biggest Censor, Was Founded By The CIA J09 10:25AM

For a World Free of Nuclear Risks J09 8:29AM

Corrupt CDC Ignores Meat Fish Recalls J09 4:55AM

The (Temporary) End of Globalization J09 3:03AM

Aternatives to Abortions such as Plan B the pill, condoms and IUD J08 4:03PM

U.S Congressional Legal Minds Know Better Than Allowing Texas To Murder Hank Skinner J08 3:37PM

ACLU in many US states defends in court KKK and American Nazis Sometimes for Money J07 11:28PM

Judge Brett Kavanaugh: 12 Of Many Reasons To Oppose Him J07 9:00AM

Insensibilité engrammée J07 2:37AM

More Breaking News...
© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy