February 08, 2003
You're Still Not Patriotic Enough, Dammit!
First they came for the Communists, and I didn't speak up because I wasn't a Communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics, and I didn't speak up because I was a Protestant. Then they came for me, and by that time no one was left to speak up. - Martin Niemoeller
Not satisfied with ripping the Constitution a new one with the USA PATRIOT Act, Ashcroft and Co. have been hard at work preparing some additional tools in the War On Terror.™ Calling it the "Domestic Security Enhancement Act of 2003," a leaked copy of draft legislation to expand the Patriot Act has been posted by the non-partisan Center for Public Integrity. Last night it was featured on the PBS show NOW with Bill Moyers.
With thanks to TalkLeft, here are some of the highlights of the proposed extensions:
Keeping arrests secret and ignoring Freedom of Information Act requests
Section 201, "Prohibition of Disclosure of Terrorism Investigation Detainee Information": Letting people know we've arrested someone might alert their coconspirators, so we should make sure to keep that secret and ignore Freedom of Information Act requests as long as possible.
Keeping the public in the dark about dangerous practices of chemical companies
Section 202, "Distribution of 'Worst Case Scenario' Information": As provided for in the Clean Air Act, the EPA requires private companies that use potentially dangerous chemicals must produce a "worst case scenario" report detailing the effect that the release of these controlled substances would have on the surrounding community. The proposed extension says this is a "roadmap for terrorists" and so we shouldn't require this information to be made public by certain companies in which the Vice President and his cronies have interest.
Creating another uber-database - this one collecting DNA information
Section 301-306, “Terrorist Identification Database”: These sections would authorize creation of a DNA database on "suspected terrorists," expansively defined to include association with suspected terrorist groups, and noncitizens suspected of certain crimes or of having supported any group designated as terrorist.
Letting the Attorney General strip citizenship from any American
Section 501, "Expatriation of Terrorists": This provision, the drafters say, would establish that an American citizen could be expatriated "if, with the intent to relinquish his nationality, he becomes a member of, or provides material support to, a group that the United Stated has designated as a 'terrorist organization'." But whereas a citizen formerly had to state his intent to relinquish his citizenship, the new law affirms that his intent can be "inferred from conduct." Thus, engaging in the lawful activities of a group designated as a "terrorist organization" by the Attorney General could be presumptive grounds for expatriation.
There's a lot more. This thing covers everything from unauthorized autopsies to tax breaks for government officials that use "specific facilities for their physical protection in the interest of the United States' national security." It expands the definition of "foreign power" from other countries and terrorist organizations to individuals ("Daddy, what did you do during the War on Mr. Smith?").
And just so you technogeeks out there don't feel left out, there are provisions dealing with stiffer penalties for people who dare to use encryption and for automatically assuming that a warrant allowing surveillance of a particular function of a multifunction device applies to all functions of that device.
Sadly, this is not new. Comparisons to the Alien and Sedition Acts of 1798 are very valid.
From the Alien Act of 1798:
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That whenever there shall be a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion shall be perpetrated, attempted, or threatened against the territory of the United States, by any foreign nation or government, and the President of the United States shall make public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being males of the age of fourteen years and upwards, who shall be within the United States, and not actually naturalized, shall be liable to be apprehended, restrained, secured and removed, as alien enemies.
Sound familiar? Kind of ironic that the aliens the act was directed towards was the French...
What's also disturbing is the timing. The original Patriot Act was passed in a hurry, right after September 11, with very little scrutiny.
We're at war, dammit! There's no time for debate. The enemy is out there, waiting to rape your daughters and blow up your shopping malls! You can't seriously listen to that fat, old Robert Byrd and his calls to go slow!
Interesting that the extensions to the act would come up just as the terror alert is raised to Orange and war with Iraq is inevitable...
We're at war, dammit! There's no time for debate. Our sons and daughters are over in Iraq getting killed, and you want to sit here and discuss your liberties? How un-patriotic!
In December, 2001, Ashcroft himself in a speech before the Senate Judiciary Committee warned against debate and dissent as things that "give ammunition to America's enemies." But no one else supports such lunacy? Right?
How about this editorial in the New York Sun that calls for war protesters be tried for treason?
So, when does the other shoe drop? If the Patriot Act is our Alien Act, when do we get the accompanying Sedition Act that makes it illegal
...if any person shall write, print, utter or publish, or shall cause or procure to be written, printed, uttered or published, or shall knowingly and willingly assist or aid in writing, printing, uttering or publishing any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress of the United States, or the President of the United States, with intent to defame the said government, or either house of the said Congress, or the said President, or to bring them. or either of them, into contempt or disrepute; or to excite against them, or either or any of them, the hatred of the good people of the United States, or to excite any unlawful combinations therein, for opposing or resisting any law of the United States, or any act of the President of the United States, done in pursuance of any such law, or of the powers in him vested by the constitution of the United States, or to resist, oppose, or defeat any such law or act, or to aid, encourage or abet any hostile designs of any foreign nation against the United States, their people or government...
Ultimately, you must not take everyone else's word for it. Go and read the original text of the USA PATRIOT ACT and the Draft Proposal to strengthen it. Please.
For more coherent ramblings see:
***Dave Does the Blog on Patriot Act II
The Gamer's NooK on Patriot Act II
Anarchtica on the Terror Alert and Patriot Act II
The People's Republic of Seabrook on Patriot Act II and the NY Sun Article
A Small Victory on the Terror Alert
Did you ping me because you wanted me to come and defend the opposite side of yours?
Dude, I am totally against the Patriot Act and I think the New York Sun was wronger than incest.
It was a combo shot. I was wondering how you'd feel (though I was pretty sure I knew), plus I thought it tied in with your Orange Level Threat post.
And, if I can't use you to get more visitors, what the hell good are ya? ;p
I despise Ashcroft with every bone in my body, but I'd like to see something more than a "leaked" piece which may or may not be real.
If it's not real, why did the DOJ respond to it as something they were working on, instead of denying it exists?
http://www.pbs.org/now/politics/03-082-opa.pdf
So far I haven't come across any blogger who approves of this dreck. Including me, but I haven't had time to blog much of anything useful... I shouldn't even be putting this comment in... But I just wanted to drop you a shout-out to let you know even the rightwing jackbooted whipwielding warmongers are on your side on this one. (See, it's all too reminiscent of GUN CONTROL!! Bwahahahahaha!)
I just pinged you, because you're one of my favorite rightwing jackbooted whipwielding warmongers. I'm lonely and need e-mails... it's pretty pathetic.
Well, I think the purpose of everyone being pinged would be to discuss this. This is absolutely terrifying! No matter which side of the fence we're sitting on... that's irrelevant right now: We're still Americans.
One of the reasons I love this country so much is the fact that I can say "This is what sucks about this country..." without worrying about the Secret Service parked in my driveway. Now I'll be aiding the terrorists when I call Ashcroft "a religious fruitcake". (Do delete that when the law passes, won't you?)
We really need some State Representatives and Senators with some backbone, and fast! I didn't think for a minute that Patriot I was going to go through... yet it did, by playing on people's fears and questioning their patriotism.
Amazing summary, Solonor.
Actually, kidding with Michele and Andrea aside, I wanted people to be pointed to other excellent posts related to this topic. Like yours. But, from the splash page on your site, you're kinda incommunicado right now, eh?
I need to update the post to reflect what I was trying to do. Danke.
But, from the splash page on your site, you're kinda incommunicado right now, eh?
well like I told you privately, I have my own private war to fight this weekend...
But the post about my thoughts on why we're on Orange alert and the Patriot Act II is still alive, well & still functional.
I was in a hurry earlier today, so I didn't go into the detail you did (besides, on dialup a 12MB pdf file would never make it through to me, I suspect), but I did talk about it a little. I'm glad e pointed me over here to see your remarks and the other pings.
I'm Australian and it even sickens me.
Great post, Solonor. Succinct and covers all the bases.
Scott stole my comment. Somebody report him to Ashcroft please.
Okay, I hate to sound like a Rush fan, but "Ditto!"
Great post, and pinging/linking other sites makes the information even more forceful.
i spent alot of time reading thru the links to the patriot act and such last night.. whatever the reason for the pings i am thankful for the various links, knowledge and education is (in my opinion) the only way to make reasonable decisions and choices.
Er, Solonor.....why are there black helicopters following you???
Hell, I'm just flattered someone bothered to ping me about anything at all. :-)
I know I am a day late and a dollar short here but...
There's a line missing form this quote. I find it interesting that this often is reprinted without the homosexual reference. The full text is as follow.
First They Came For . . .
by Reverend Martin Niemoeller
First they came for the communists,
And I didn't speak up because I wasn't a communist.
Then they came for the trade unionists,
And I didn't speak up because I wasn't a trade unionist.
Then they came for the homosexuals,
And I didn't speak up because I wasn't a homosexual.
Then they came for the Jews,
And I didn't speak up because I wasn't a Jew.
Then they came for the Catholics,
But I didn't speak up because I was a Protestant.
Then they came for me,
And there was no one left to speak up.
Reverend Niemoeller, a German Lutheran pastor, was arrested by the Gestapo and sent to Dachau in 1938. This was written upon his release by the Allied Forces in 1945.
Just dropped by to read and drop a HELLO!
So: HI!
How're things?
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Thank you, comment spammers. Thank you to hell.
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