|
Index for this
page...(Be aware some links below may
have expired.)
Posted April 27, 2003
Secretly-Drafted
Anti-Terrorist Bill Threatens
Liberty
The USA Patriot Act, rammed through Congress
after the September 11 terror bombings, was a
horrendous assault on civil liberties. U.S.
Congressman Ron Paul denounced it as "undermining
the Constitution."
But that wasn't enough for the Bush
Administration's Justice Department, which for
several months has been secretly preparing a sequel
bill, the "Domestic Security Enhancement Act" to go
even beyond the Patriot Act in infringing on
liberty.
Information about this proposed bill -- which
opponents have dubbed "Patriot Act II" has now
leaked out, and copies have been obtained and
posted online.
It is a massive bill that proposes to give the
federal government broad, sweeping new powers to
increase domestic spying, further restrict privacy,
further remove citizen protection from government
abuses, and even in some circumstances deprive
Americans of their U.S. citizenship. It intrudes on
such fundamental freedoms as free speech, privacy,
freedom of association and religion.
Some specifics:
- It gives the President the unprecedented
power to strip Americans of their citizenship if
they are found to have "supported" groups deemed
"terrorist" or subversive by the Administration
-- even if they know nothing about any alleged
links to terrorism. Give a few bucks to a
charity you didn't realize Ashcroft has declared
subversive, and you can find yourself a person
without a country. Once stripped of citizenship,
these ex-Americans will have no constitutional
rights.
- It expands still further wiretapping
authority, while reducing -- or eliminate
altogether in some cases -- judicial oversight
over surveillance.
- It revives elements of the widely-denounced
"Operation TIPS" neighbor-against-neighbor spy
program.
- It forces innocent Americans (arrested on
mere suspicion) to contribute to a federal DNA
database without court order and without
consent.
- It authorize secret arrests of suspected
terrorists.
- It allows government agents to see citizens'
credit reports without getting a court
order.
That's the tip of a very big iceberg. In
addition, the ACLU has denounced the draft bill
because it would:
- Make it easier for the government to
initiate surveillance and wiretapping of U.S.
citizens under the shadowy, top-secret Foreign
Intelligence Surveillance Court. (Sections 101,
102 and 107)
- Shelter federal agents engaged in illegal
surveillance without a court order from criminal
prosecution if they are following orders of high
Executive Branch officials. (Section 106)
- Authorize, in statute, the Department of
Justice's campaign of secret detentions by
including a provision that would preempt federal
litigation challenging non-disclosure of basic
information about detainees. (Section 201)
- Harm Americans' ability to receive a fair
trial by limiting defense attorneys from
challenging the use of secret evidence. (Section
204)
- Permit, without any connection to
anti-terrorism efforts, sensitive personal
information about U.S. citizens to be shared
with local and state law enforcement. (Section
311)
- Terminate court-approved limits on police
spying, which were initially put in place to
prevent McCarthy-style law enforcement
persecution based on political or religious
affiliation. (Section 312)
- Provide an incentive for neighbor to spy on
neighbor and pose problems similar to those
inherent in Attorney General Ashcroft's
"Operation TIPS" by granting blanket immunity to
businesses that phone in false terrorism tips,
even if their actions are taken with reckless
disregard for the truth. (Section 313)
- Provide for summary deportations without
evidence of crime or criminal intent, even of
lawful permanent residents, whom the Attorney
General says are a threat to national security.
(Section 503)
- Abolish fair hearings for lawful permanent
residents convicted of criminal offenses through
an "expedited removal" procedure, and prevent
any court from questioning the government's
unlawful actions by explicitly exempting these
cases from habeas corpus. Congress has not
exempted any person from habeas corpus -- a
protection guaranteed by the Constitution --
since the Civil War. (Section 504)
There's more. The ACLU has provided a summary
and a section-by-section analysis of the whole
sorry mess. See: http://www.aclu.org/SafeandFree/SafeandFree.cfm?ID=11817&c=206&Type=s.
The above information was provided by James W.
Harris of the Advocates
for Self-Government. James W. Harris is
co-editor of the Liberator Online. If you wish to
subscribe to the Liberator Online, visit: http://www.self-gov.org/liberator/maintain.html.
Posted April 27, 2003
Marijuana
Trial Jury Feels Duped by Government
On Friday January 31, a 12-member federal jury
unanimously found marijuana advocate Ed Rosenthal
guilty of cultivation and other serious drug
crimes.
During the trial, the government depicted
Rosenthal as a major drug manufacturer.
However, the jury was not told the full truth
about the case -- and now they are shocked and
furious. Some are now publicly repudiating their
verdict.
Rosenthal is a world-renowned marijuana expert,
and the 100-plus plants he was growing were for the
city of Oakland's medical marijuana program. That
program resulted from the 1996 medical marijuana
initiative approved by California's voters.
The jury was told none of this. The judge denied
requests by Rosenthal's lawyers to call witnesses
to testify that Rosenthal was growing medical
marijuana, on the grounds that federal law does not
allow the growing of marijuana for medical
reasons.
Now jurors say they would have acquitted him had
they been told all the facts.
"I feel like I made the biggest mistake in my
life," juror Marney Craig told reporters. "We
convicted a man who is not a criminal. We
unfortunately had no idea of who he was or what he
did. It was like a kangaroo court."
"If we'd known he was hired by the city, I would
have said this guy didn't deserve any of this,"
said juror Pamela Klarkowski. "I feel used. It's
horrible. We didn't get the whole picture. I feel
the jury was railroaded into making this decision.
Had I known that information, there is no way I
could have found that man guilty."
"I'm hearing all of these things after the
fact," another juror said. "That sheds a whole new
light on it."
"Some of us jurors are upset about the way the
trial was conducted in that we feel Mr. Rosenthal
didn't have a chance and therefore neither did
state's rights or patient's rights," jury foreman
Charles Sackett said. "I would have liked to have
been given the opportunity to decide with all the
evidence."
Sackett and other jurors say they hope the case
is overturned on appeal.
In fact, several jurors are taking the
extraordinary step of writing Rosenthal to
apologize.
Rosenthal, 58, faces up to an 85-year prison
term when sentenced June 4 -- for the "crime" of
growing marijuana for sick people in a state whose
voters legalized that practice.
Source: Associated Press -
Source: California Press-Democrat -
The above information was provided by James W.
Harris of the Advocates
for Self-Government. James W. Harris is
co-editor of the Liberator Online. If you wish to
subscribe to the Liberator Online, visit: http://www.self-gov.org/liberator/maintain.html.
Posted January 1, 2003
The
Hunch-Blank of Notre Dame
"The Hunchback of Notre Dame" is undergoing a
name change. Striving to reach absurd heights of
tolerance, a touring production is tampering with
the title of the classic. After discussions with a
disability adviser, Oddsocks Productions has
decided to call its version of Victor Hugo's 1831
novel "The Bellringer of Notre Dame."
The story of deformed bellringer Quasimodo and
his love for a beautiful gypsy girl, Esmeralda, has
been translated into 20 languages and adapted many
times for stage and screen. But never has the
book's title created the kind of stir it has
now.
The Left Coast Report believes we're going to
have to look more closely at a lot of the classics
and make the necessary tolerance adjustments:
Samuel Taylor Coleridge's "The Rime of the
Young-at-Heart Mariner," Rudyard Kipling's "The
Rainforest Book," Charles Dickens' "A Holiday
Carol," Hans Christian Andersen's "The Everybody's
Beautiful Duckling" and the just-can't-wait-to-read
Dostoevski's "Crime and Rehabilitation."
The above information is courtesy of The Left
Coast Report which is put together by James L.
Hirsen and the staff of NewsMax.
Posted January 1, 2003
Federal
Computer Database to Spy on All
Americans
The following information was provided by James
W. Harris of the Advocates
for Self-Government.
Alarming new federal government plans for spying
on all Americans are straight out of George
Orwell's 1984.
The feds are busily creating a massive database
that will create files on virtually every American
from cradle to grave. The Pentagon's creepy new
Office of Information Awareness is building a
system called "Total Information Awareness." Total
Information Awareness will, among other things,
monitor virtually every purchase and financial
transaction made by American citizens to seek
"patterns indicative of terrorist activity." This
consumer information will be merged with government
database information including visa records,
passports, arrest records or reports of "suspicious
activity" previously given to law enforcement
agencies. The program will also pursue development
of biometric technology to enable the further
identification and tracking of individuals.
According to federal spokesmen, such things as
large cash withdrawals, or the purchase of one-way
airline tickets or firearms, could trigger
investigations via the Total Information Awareness
database. The database will know your reading
habits, phone and Internet use (thus creating a
First Amendment chilling effect), know when you buy
a gun (thus creating de facto national gun
registration), and so on. No warrant, no suspicion
of criminal activity is required for this
information-gathering.
According to the ACLU, Total Information
Awareness will "effectively provide government
officials with immediate access to our personal
information: all of our communications (phone
calls, emails and web searches), financial records,
purchases, prescriptions, school records, medical
records and travel history....Under this program,
our entire lives would be catalogued and available
to government officials."
The Office of Information Awareness's
unbelievable logo seems to flaunt the Orwellian
nature of the agency: a huge eye atop a pyramid
scanning the globe, with the Latin motto "Knowledge
is Power."
See it for yourself at http://www.reason.com/0210/artifact.shtml.
As Reason magazine noted: "If you wanted
to play on the fears of every paranoiac in the
country, you couldn't do much better than the
Office of Information Awareness's logo." Of course,
given the unprecedented nature of the Total
Information Awareness program, it's hardly paranoid
to be alarmed by this sinister agency.
If that wasn't enough to set you shivering, the
Total Information Awareness program was conceived
by, and is headed by, the notorious John
Poindexter, the former national security adviser to
President Reagan who was convicted on five counts
of misleading Congress and making false statements
during the Iran-Contra investigation.
"John has a real passion for this project," one
government official told Fox News. (Why aren't we
surprised?)
Total Information Awareness is a police-state
measure, pure and simple. It violates the spirit,
if not the letter, of the Constitution and Bill of
Rights, and it will mean a society in which federal
agents are constantly monitoring every move of
every citizen.
The government -- of course -- defends Total
Information Awareness as a necessary tool to fight
terrorism. British statesman William Pitt
(1759-1806) had the proper response to that:
"Necessity is the plea for every infringement of
human freedom. It is the argument of tyrants; it is
the creed of slaves."
Increasingly it seems the biggest threat to
American liberties isn't from terrorists, but
rather from government officials intent on doing to
our Constitutional liberties what the 9-11
terrorists did to the World Trade Center.
Sources:
|