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TOTAL POLICE STATE TAKEOVER
''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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A Brief Analysis of the Domestic Security Enhancement
Act 2003, Also Known as Patriot Act II
http://www.infowars.com/print_patriotact2_analysis.htm
By Alex Jones
http://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 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 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 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
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 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 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 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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