2004-09-28
by Jack Dalton
Security or Just Criminalization Under a Different Name?
While attention is focused on
the unmitigated disaster the Bush/Cheney war of choice in Iraq has caused, the
economy is headed for big trouble as this “war” has caused massive increases in
the nations debt load. Additionally, the knee-jerk response by congress with
the so-called “Patriot Act” has accomplished nothing in terms of securing the
nation. What it has done is heap more criminal law on an already redundant body
of criminal law. Criminalization over security, pure and simple.
That there are bad people in
the world goes without saying. That there are terrorists who see blowing up
innocent people as a viable tactic, for whatever reason, also goes without
saying. That there are within our own governing body those who are essentially
of the same unyielding, absolutism, black-and-white beliefs as those
they--Bush, Cheney, Ashcroft, DeLay, Frist just to mention the “fab five”—label
as “terrorists” becomes more clear with each passing day.
That the “laws” they keep
passing in congress have little, if anything at all, to do with “securing the
homeland” as much as they do with “securing the citizens” is also becoming more
clear with each passing day, and each new “law.”
There has not been one person
whom I have talked with, or read—right-wing, left-wing, or center—who is not
concerned with the safety of this nation, and us, its citizens, myself
included.
What is being imposed upon us
and the nation, however, is not the increased security of the nation’s
infrastructure—railroads, ports of entry, chemical plants and nuclear
facilities, etc.—it is instead the creation of more criminal law and
punishment, and redundant laws at that.
What BushCo and its extreme
right compatriots in congress have bestowed upon us, the people of this nation,
under the guise of “homeland security,” is a string of laws, starting with the
so-called “Patriot Act,” which have nothing to do with securing the homeland,
and everything to do with “securing” the population.
What we have is
“criminalization” over security.
It didn’t take much time
after the enactment of the “Patriot Act” for people and communities to
recognize the inherent dangers in the “Act” and stand in open opposition to it.
So when congress drafted “Patriot Act ll” the public’s outcry was too great for
even the right-wing nuts in congress to ignore—that was May 2003.
But, all was not well in the
valley, no ho ho ho’s, for just a few short months after Patriot ll was laid to
rest, a draft of the “Victory Act” was leaked to the press, though it received
little attention from “mainstream” media. This would have taken the Patriot Act
to a new level, creating entirely new classes of terrorism in the guise of
“narco-terrorism.”
Additionally, the definition
of terrorism has been expanded to include “domestic terrorist” the definition
of which is so broad that anyone, anywhere, at anytime could be arrested for
nothing more than peaceful public protest. Its application could be very arbitrary
and capricious—criminalization over security complete with the tools to shut
down political dissent. “Laws” have always been a resource for tyrants to use
against its own people, this nation is no different.
Now, once again another
member of the Bush Brigade, Sen. Ron Kyle, has a bill to build once again on
the Patriot Act. These people just will not quit. This one has a total of 43
new crimes punishable by the death penalty.
Before going any further,
here is a list of some of the redundant criminal laws posing as anti-terrorist
laws, thanks to the work and research at the Bill of Rights Defense
Committee http://www.bordc.org/index.html :
H.R. 2417—“Intelligence
Authorization Act for Fiscal Year 2004: This bill passed both houses of
congress. Most of its details are secret including the bills estimated costs.
By all accounts it will somewhere around $40 billion.
H.R. 3439—Joint Terrorism
Task Force Enhancement Act of 2003: If passed it would promote the exchange of
personnel between the federal and local law enforcement and intelligence
agencies.
H.R. 3179—Anti-Terrorism
Intelligence Tools Improvement Act of 2003: If passed it would provide for new
penalties for violating non-disclosure provisions of so-called “national
security” letters.
H.R. 3037—Anti-Terrorism
Tools Enhancement Act: This will authorize the Bush cabal to issue subpoenas
without having to show probable cause.
H.R. 3040—Pretrial Detention
and Lifetime Supervision of Terrorists Act: This bill ignores the right of bail
as granted by the 8th amendment of the U.S. Constitution.
H.R. 2671—CLEAR Act (Clear
Law Enforcement for Criminal Alien Removal): If passed this bill would
undermine community policing and ultimately would prevent immigrants from
coming forward to report crimes.
S. 2679—Tools to Fight
Terrorism Act of 2004: This is a current bill in the Senate and was introduced
by Sen. Ron Kyle. The provisions of this bill would do nothing but further the
demolition of our civil liberties. It increases laws aimed at “criminals” and
also ups the death penalty to include 43 new “categories” under which the death
penalty may be imposed. Almost all other industrialized nations have dropped
the death penalty and due to this, are reticent to extradite back to the U.S.
those that may have the death penalty imposed on them. This bill will further
alienate us from the rest of the civilized world.
S. 1906—Homeland Security
Enhancement Act or 2003: This was
introduced by Sen. Jeff Sessions as a companion to the CLEAR Act.
The Victory Act—The Vital
Interdiction of Criminal Terrorist Organizations Act: Among other things, such
as creating an entirely new category of “terrorists” such as “narco-terrorist,
this bill would make even simple drug possession a “terrorist” offense.
These bills do nothing in
terms of creating a more secure nation—they do, however, have everything to do
with creating an environment that will enable this nation’s governing body
greater ease in squashing political debate and dissent.
Every one of these pieces of
legislation will have the effect of allowing the techniques of espionage to be
used on the entire American population. Along with all the “bills” over the
past three years the Posse Comitatus Act has been modified so as to now allow
our military to act as police; the CIA has been given the authority to now
operate within the country. Does anyone else remember COINTELPRO from years
ago? Domestic counter intelligence program—directed at U.S. citizens by the
government with the purpose to shut down political discourse by citizens
exercising their constitutional rights to redress their government.
What we have today is worse,
much worse. Now laws are passed “legalizing” the destruction of our
constitution and civil rights.
In short, these new laws we
are being visited with, having imposed upon us, the citizens of this nation,
have absolutely nothing what-so-ever to do with securing this nations
infrastructure, its rail system, ports of entry, air cargo and airlines, etc.
They have, however, everything to do with increased invasion of privacy and the
ability of government to spy on every aspect of everyone’s life.
All of these bills, laws,
etc. will do nothing less than create a society in which the government under
the guise of fighting “terrorism” will be able to “investigate” everyone in the
country so Ashcroft and company can “ferret” out all the “freedom hating
terrorists.” With the new and improved definition of terrorist so broad it could
be applied to virtually anyone, anywhere, at any time.
We do not need a governing
body, BushCo, creating new crimes and new punishments which will in no way
improve the internal security of this nation. Instead of creating new crimes,
BushCo and congress should be addressing some real security deficiencies.
There are enough criminal
laws on the books now without piling one redundant criminal law upon another.
What these new laws do provide however, is increased levels of secrecy under
which Bush and company may operate. And that is a must for Bush who sees
himself as some big macho, “protective father” figure who knows best and
desires all of us to just sit down, shut up, do what we are told without
complaint; trust and obey as “father knows best.”
The Bush Brigade currently
controls the executive branch, the legislative branch and is quickly gaining
control of the judiciary through those Bush has placed on the federal courts.
All of those that Bush has appointed to high government positions of authority
have much in common with Bush, they are all of the same mindset and ideology;
almost all have also come out of corporate America or were corporate lobbyists.
These are the people forming this new body of law under the guise of fighting
terrorism.
Tom DeLay, the chief thug and
criminal in the House of Representatives, earlier this year stated in no
uncertain of terms what we may look forward to: “With a republican majority in
the house, 5 more seats in the senate and George W. Bush back in the White House,
you ain’t seen nothing yet.”
Sources, references and
additional information:
Bill of Rights Defense
Committee Reports on Congressional Bills
http://www.bordc.org/legislation.htm
Electronic Frontier
Foundation—Patriot ll
http://www.eff.org/Censorship/Terrorism_militias/patriot-act-II-analysis.php
Bob Barr Testimony on Patriot
Act(s) and Civil Liberties
http://judiciary.senate.gov/testimony.cfm?id=1312&wit_id=2874
Chilling New Piece of Patriot
ll Returns to the Senate
http://newstandardnews.net/content/?action=show_item&itemid=1027
Tools to Fight Terrorism Act
of 2004
http://thomas.loc.gov/cgi-bin/query/z?c108:S.2679.PCS
The Victory Act
http://www.libertythink.com/victory.htm
Here is a link to an article
I wrote last November about the Victory Act http://www.veteransforpeace.org/Coming_soon_the_111003.htm