Patriot Act II dwarfs all police state legislation in modern world history.

Raymond Chase r_chase at sympatico.ca
Tue Sep 30 21:52:48 MDT 2003


I received this informative  message from  Earl Silbar a labour activist in
Chicago who is trying to get his union, AFSCME, to take a stand against
Patriot Act II.

Raymond Chase
----------
Patriot Act II dwarfs all police state legislation in modern world history.
Please take a close look at the information on Patriot Act II posted below.

In addition to contacting politicians, I'd suggest raising this in all
organizations we belong to. Direct action will both speak louder than phone
calls; it will underline our determination to resist and stop this.

We also need to overturn Patriot Act 1 [ ... ] in part because it
potentially outlaws peaceful protests and strikes by public employees. We
can see from the examples below just how these police state measures attacks
every group that needs information and mobilization to fight for its cause.
Obviously, 9-11 was the proximate cause of the Patriot Act.  Hundreds of
pages and provisions long, it was prepared before then. They kept it in the
closet, waiting for the right moment. 9-11 was their golden opportunity and
their seized it with a fury.

t represents the domestic strategy of that wing of the ruling class that has
been salivating at the prospect of ruling the world, alone. (The more
traditional wing is fine with repression; we don't see their outcry on this
as we did when they doubted Bush's strategy of going into Iraq alone.)

They know that thier relentless push for profits are undermining the
conditions of life are deteriorating for most Americans, especially in the
working/'middle' class, and that this discontent is growing. The corporate
titans know full well that the 'jobless recovery' is but the precursor to
more hard times ahead as they slice 'middle-class' jobs to increase profits-
in white and blue collar. Their tax cuts and their invasion/occupation only
mean pressure and cuts in our education, health care,etc.

These so-called anti-terrorism measures are their politicians' pre-emptive
strike against the return of social mobilizations  like the '60s, but this
time with far greater working class participation. They've learned their
lessons; have we?

Just as the Cold War anti-communist crusade was fashioned to justify U.S.
global power abroad, it was aimed at subduing and tieing up the opponents of
big business here 'at home'. It repressed opposition to the corporate agenda
in the unions, in radical and revolutionary-minded political parties, and in
local struggles against racism, etc.  (In that sense, the 'endless war on
terrorism' plays the same ideological role.)

One result of the anti-communism campaign was taming the unions, which threw
out everyone who wouldn't kneel down to corporate domination- here and
worldwide. Hence, the collaboration of most unions with corporate management
today, a legacy that weighs us down. (We in AFSCME 3506 only recently tasted
a small result of that union 'culture' when they stepped in to undermine and
sabotage us less than a week before our strike to win real gains in pay and
benefits.)

Now we get this endless war on terrorism abroad and at home to justify the
endless and relentless drive of capitalism here to dominate every aspect of
life for their profits. 9-11 gave them a great gift in fear and anger. They
are biting off a big chunk. Can we join others to give them a king/queen
sized indigestion attack?

Even if you don't agree with that overview, surely we can agree to work
together to fight this police state Patriot Act (1 and 2).

in solidarity,

Earl Silbar

BTW, our Local voted on Sat. to bring this issue to AFSCME's upcoming state
convention. We will propose an active campaign, linking it to withdrawal
from Iraq, spending the money on social programs, and fighting for
single-payer national health for all. Hopefully, we can connect with others
there and possibly spart some activism.


Here is the additional information on relevant sections of "Patriot's Act
2" that takes away most of your freedoms and destroys the US Constitution.
Contact your representatives and demand that this Bill gets rejected in
Congress.


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 [ ... ]  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 infor mation from bank records to
educational and medical records. This is the enacting law to allow ECHELON
and the Total Information Awareness Network to totally 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 measure- 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 require- ment 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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