Brief
Analysis - Domestic Security Enhancement Act 2003
Also Known As USA Patriot Act II
By Alex Jones
http://www.infowars.com
11-22-4
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 legislation:
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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, T he 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 whom 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
newsgathering 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 section annihilates 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."
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*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
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.
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