John Whitehead's Commentary
Patriot Act II: Extending the Reach of the Police State
Understandably, many Americans, including members of Congress, reacted with fear to the 9/11 terrorist attacks. Unfortunately, that panic attack on the part of our federal government resulted in Congress passing, almost unanimously, the USA Patriot Act--one of the most sweeping measures ever enacted in our nation's history-- a mere 45 days after 9/11. Sadly, most of those who voted for the Patriot Act admitted to not even reading the legislation.
At a massive 342 pages, the Patriot Act violates at least six of the ten original amendments known as the Bill of Rights--the First, Fourth, Fifth, Sixth, Seventh and Eighth Amendments--and possibly the Thirteenth and Fourteenth Amendments as well.
Following are just a few things the government can now do that it couldn't before the Patriot Act was passed.
Following are some, but not all, of the things government agents have done or attempted since passage of the Patriot Act.
Understandably, it has become apparent that there is something seriously wrong with the Patriot Act and its enforcement. In response, four states and over 350 cities and counties have now passed resolutions to protect their residents from the Patriot Act.
However, this has not deterred the Bush Administration and some members of Congress from seeking to expand the powers of the government. For example, earlier this year, Sen. Jon Kyl (R-Ariz.) sponsored a bill entitled "Tools to Fight Terrorism Act." Dubbed Patriot Act II, when the provisions of Kyl's bill were leaked, it caused a public outcry and was squashed almost immediately. But that same legislation, providing for the largest expansion of federal powers since the original Patriot Act, recently re-appeared as an amendment to the National Intelligence Reform Act of 2004. Although that particular amendment did not come up for a vote, thanks in part to the work of some dedicated civil liberties groups, it could easily resurface again. Some of its most alarming provisions include:
Beyond the sheer magnitude of government authority granted by these laws is the fact that virtually everything the government does under them is kept secret. "None of us really know," notes Dr. Jim Cornehls of the University of Texas at Arlington, "if we have been investigated because most investigations are conducted under secrecy. I can speculate that I might have been a target of an investigation, but I cannot be certain and cannot find out. And if any of my co-workers were questioned about me, they would be breaking the law if they told me."
As Thomas Paine once wrote: "It is the responsibility of the patriot to protect his country from its government." Now is the time to act before the very act of patriotism becomes a crime.
At a massive 342 pages, the Patriot Act violates at least six of the ten original amendments known as the Bill of Rights--the First, Fourth, Fifth, Sixth, Seventh and Eighth Amendments--and possibly the Thirteenth and Fourteenth Amendments as well.
Following are just a few things the government can now do that it couldn't before the Patriot Act was passed.
• The Patriot Act redefines terrorism so broadly that many non-terrorist political protest activities such as those of Greenpeace, the Environmental Liberation Front, Operation Rescue, protest marches or demonstrations and civil disobedience can be considered a terrorist act.
•The FBI can enter your home, search your personal effects and confiscate your personal property without informing you.
•The FBI can come to your place of employment, demand your personal records and question your supervisors and fellow employees, all without notifying you. Further, people are prohibited, under penalty of law, from telling you about it.
•The government can obtain access to your medical records, school records and practically every personal record about you.
•On mere designation by the Attorney General, you can be detained and questioned without the government having to show probable cause that you have committed any illegal act.
•The government can designate an American citizen an "enemy combatant" and incarcerate him or her indefinitely without the right to an attorney.
•The government can secretly demand to see records of books or magazines you've checked out in any public library and Internet sites you've visited. At least 545 libraries received such demands in the first year following passage of the Patriot Act.
•The government can investigate the activities of anyone who uses the Internet and intercept their e-mails.
Following are some, but not all, of the things government agents have done or attempted since passage of the Patriot Act.
•Secretly arrested and jailed more than 1,200 persons and refused to release their names.
•Tried to institute a nationwide system called TIPS that encouraged relatives, friends and neighbors to spy on their neighbors, friends and family and report any suspicious activity.
•Attempted to institute a national data bank to compile, in one central location, detailed personal data about every person residing in the United States, the so-called TIAS plan.
•Sent two FBI agents to the home of a retired telephone company worker in San Francisco to ask questions about his political beliefs because he mentioned in the locker room of his local gym that he thought the proposed war against Iraq was as much about oil as terrorism.
•Sent FBI agents to investigate and question a college freshman in North Carolina who had a poster on her bedroom wall at home that was critical of George Bush's stance on capital punishment while he was governor of Texas.
•Made secret visits, seeking information about untold numbers of individuals at hundreds of American universities.
Understandably, it has become apparent that there is something seriously wrong with the Patriot Act and its enforcement. In response, four states and over 350 cities and counties have now passed resolutions to protect their residents from the Patriot Act.
However, this has not deterred the Bush Administration and some members of Congress from seeking to expand the powers of the government. For example, earlier this year, Sen. Jon Kyl (R-Ariz.) sponsored a bill entitled "Tools to Fight Terrorism Act." Dubbed Patriot Act II, when the provisions of Kyl's bill were leaked, it caused a public outcry and was squashed almost immediately. But that same legislation, providing for the largest expansion of federal powers since the original Patriot Act, recently re-appeared as an amendment to the National Intelligence Reform Act of 2004. Although that particular amendment did not come up for a vote, thanks in part to the work of some dedicated civil liberties groups, it could easily resurface again. Some of its most alarming provisions include:
•Expansion of the government's ability to obtain personal records and compel testimony without judicial oversight.
•Denial of bail to suspects the government has not proven as dangerous or at risk of flight.
•A new "administrative subpoena" provision that would allow the FBI to obtain records or testimony from people holding them. Additionally, it would allow the Attorney General to issue a "gag order" prohibiting the recipient of an administrative subpoena from telling anyone about it.
•Classification of 23 additional crimes that are punishable by the death penalty, as well as the creation of a death penalty for any federal crime that meets the Patriot Act's broad definition of "terrorism"; this would bring the total number of crimes punishable by the death penalty up to 43.
•Creation of uniform driver's licenses which could very well lead to a national identification card.
Beyond the sheer magnitude of government authority granted by these laws is the fact that virtually everything the government does under them is kept secret. "None of us really know," notes Dr. Jim Cornehls of the University of Texas at Arlington, "if we have been investigated because most investigations are conducted under secrecy. I can speculate that I might have been a target of an investigation, but I cannot be certain and cannot find out. And if any of my co-workers were questioned about me, they would be breaking the law if they told me."
As Thomas Paine once wrote: "It is the responsibility of the patriot to protect his country from its government." Now is the time to act before the very act of patriotism becomes a crime.
ABOUT JOHN W. WHITEHEAD
Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His most recent books are the best-selling Battlefield America: The War on the American People, the award-winning A Government of Wolves: The Emerging American Police State, and a debut dystopian fiction novel, The Erik Blair Diaries. Whitehead can be contacted at staff@rutherford.org. Nisha Whitehead is the Executive Director of The Rutherford Institute. Information about The Rutherford Institute is available at www.rutherford.org.
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