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Six weeks after the terrorist attacks on September 11, 2001, the USA PATRIOT
Act was passed without hearings, testimony or even being read. According to
Representative Ron Paul of Texas, there wasn't even a finished draft on the
floor of Congress, and the Act had been doubled in size the night before the
vote by a handful of persons. The vote was 356 to 66 to pass the Act. America
was clearly terrified and not necessarily in the best frame of mind to be
objectively deciding issues that would result in radical changes to the United
States Constitution and Bill of Rights.
The changes include, but are not limited to:
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Unchecked powers of surveillance to/by the Executive Branch.
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Creates new, sometimes unnecessary and poorly defined crimes.
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Enhances penalties for crimes that may not warrant the enhancements.
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Allows persons to be held indefinitely, without charges, legal representation,
or even family contact.
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Defines "domestic terrorism" so poorly and broadly as to hypothetically
incorporate non-terroristic misdemeanors. Defines domestic terrorism as acts
dangerous to human life that are a violation of criminal laws if they appear to
be intended to influence the policy of a government by intimidation or coercion
if they occur primarily within the territorial jurisdiction of the United
States. Other federal definitions include "groups or individuals operating
entirely inside the US intending to influence the US government or population
to effect political or social change by engaging in criminal activity." This
may include simply protesting or gathering signatures on a sidewalk when
considering the broadness and vagueness of these definitions.
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Enhances surveillance powers of the government, negating the previous
definitions around Fourth Amendment protections against unreasonable searches.
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Legal immigrants' due process rights are infringed.
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Legal domestic political activists critical of our governments become targets
of federal surveillance.
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Those openly critical of the governments anti terrorism measures make
themselves eligible for government scrutiny, allows the tracking of
individuals' web-surfing habits; allows clandestine searches of homes, offices,
and businesses and other places without notice to the person being searched.
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Allows monitoring of private financial transactions.
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Nationwide roving wire-taps and allows such searches to be conducted without
warrants if it can be alleged that the gathering of foreign intelligence is the
"significant purpose."
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Opens the door to domestic spying by the CIA and potential past abuses like
those committed under COINTELPRO.
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Allows the government to place key-stroke monitoring devices on private
computers.
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Negates the ability of persons to view search warrants for accuracy, or the
requirements for receipts for property seized.
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The FBI may obtain such records without suspecting a person of any wrongdoing,
both citizens and immigrants alike.
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Allows local law enforcement similar broad authority and power in surveillance,
providing vague definitions of "interest" can be claimed by the agency to apply
to the case.
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Allows substantial personal information to be shared between agencies without
court supervision.
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Negates due process and equal protection in a number of ways.
Executive orders now permit:
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The president to handpick the judges and jurors in military tribunals.
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Only a 2/3 vote for convictions in all but death penalty cases.
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Trials to be held in secret.
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Evidence to be withheld from the defendant and their attorney whether
classified or not.
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An absence of review of military commission proceedings.
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Defendants to be held indefinitely even if the tribunal has found them NOT
guilty.
Overnight regulation changes include:
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Federal agents and informants being allowed to spy on worship services,
political gatherings, chat rooms, and social events without any evidence of
illegal activity occurring.
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Other expanded wire tap authority.
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US citizens are allowed to be detained in military custody for indefinite
periods of time without charges if labeled as an "enemy combatant."
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Legal immigrants may be held for undefined periods and may be held even if an
immigration judge has ordered them released.
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Immigrants may be held without meaningful judicial review of the case.
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Department of Justice now authorizes prison officials to monitor communications
between detainees and their lawyers without obtaining a court order and
regardless of the charges.
Many of the overnight changes have appeared in various pieces of legislation
over the last 20 years, casting doubt on how much of this is strictly a
reaction to the terrorist acts of September 11, 2001. Furthermore, the amount
of information or opportunity for information held by various federal agencies
to have been used to thwart those terrorist acts casts serious doubt on the
notion that it is the Bill of Rights that has created weakness in our ability
to keep ourselves safe. More aptly, those pieces of information cast questions
regarding the competence of that very federal government that now sees fit to
gut the Constitution that it has sworn an oath to uphold.
If these changes frighten or offend you as they do us, for their infractions
against the Constitution of the United States, the Bill of Rights and the
Constitution of the State of Alaska, then please lend your support to this
cause to protect those ideals which have both defined and made America great
for over 200 years. When those who swear an oath to protect liberty and justice
instead mortally wound liberty and justice—in the name of protecting liberty
and justice—it is clear that something is drastically wrong.
| *Call your Federal Legislators |
*Call your State Legislators |
| *Call your local government |
*Participate in community and media dialogue. |
We can all help save the values that have made America great while still
keeping her safe from terrorism.
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