Constant's pations

If it's more than 30 minutes old, it's not news. It's a blog.

Wednesday, May 18, 2005

Patriot Act: FBI wants power to subpoena records without court oversight

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    They want to track mail. They take what they cannot get. The Patriot Act II turns the United States into the British Monarchy: Arbitary, unchecked, and a threat to liberty.

    Get a load of these provisions in the Patriot Act:

  • authorizes wiretapping of suspected terrorists who operate without clear ties to a particular terrorist network [that could be anybody -- remember Richard Jewel, he was merely trying to help, and was accused of being the one who planted the bomb at the Atlanta Games, 1996].

  • easier for prosecutors to use special court-approved warrants for secret wiretaps and searches of suspected terrorists [The prosecutors are already fabricating evidence in New York; why give them more power to do so unsupervised?

  • Recipients could challenge the subpoenas in court [This shifts the burden of proof from the government to the accused; this is no different than during the pre-Magna Carta era: Guilty until proven innocent.]


    The idea of a constitution is so that free people can be brought together to achieve more as a group than they could on their own.

    Yet, we've seen the White House put pressure on the analysts in the intelligence community and media to tow the line.

    Howeer, pressure and intimidation does not change history nor reality. The purpose of engaging in free dialog and research is the serach for truth; in turn we might arrive at a better understanding of what is and how we got here, so that we might then implement solutions to improve things.

    Howevre, the current leadership both with in the White House and Congress wants the discussion to be framed in only terms they approve or arbitrarily decide. If people who dare to read about Osama bin Ladin are criminals, then all those in the White House like Karl Rove who do analysis on the enemy should also be forced to explain themselves. Why are they reading books about their enemy; to what end do they hope to use the books related to Stalin, Machiavelli, Sun Tzu; how can they justify reading books that were not originally written in English?

    The answer is that these books share a perspective; and that perspective, whether it is consistent or divergent with our views, is how the other party looks at the matter.

    Yet, this White House would ask the world to only "freely" read so long as the material the public reads doesn't upset them.

    Yet, look around you. Has the entire nation now become defacto members of the CIA, to be intimidated into silence, threatened with some loss of future security unless we comply with some arbitrary standards?

    Indeed, we now live in a world where the United States govement is the master of what is "right" and "wrong," all the while affording itself immunity from oversight. That is imbalanced. And no different than the unchecked power which precipitated the American Revolution.

    The constitutoin, if it is to be rpeserved, must be preserved. And if the United States wants to take away those rights, then the United States goverment needs to explain itself. The pressure of the FBI or DoJ to do harm to Congressional districts and military bases sheds light on the pressure to get the Patriot Act II. Passed.

    Is it right that the only way DoJ can get this unconstitutional legislation passed is to threaten and intimidated? Of course not, and that is why DoJ is no different than AlQueda.

    So, this day forth, know that the United States is the enemy of your constitution. It will threaten its citizen. It has declared war.

    And it is to this end we must stand up and assert ourselves.

    How do I know this? For you have seen how the man in the White House will beat the drums of war and terror to intimidate the civilian population; to silence them in to not discussing the evils in Guantanamo.

    This man, this "leader" is no different than the arrogant Caesars. He has overstayed his welcome. It is time the world join the free people of the United States and fight to preserve the constitution.

    This goverment is out to destroy it. And if it means that I must be struck down to defend that which is our only shield, then so be it.

    For I would rather stand with pride each waking day knowing that I am free, as opposed to fearing a future death where I am but a slave.

    America, you have arrived at the critical juncture. It is now time to choose. Are you going to fight for your rights, are you going to stand up and live as slaves, or are you going to live as free people free of this oppressoin?

    If you do not wish to join, then move out of the way. I will be free and I will fight for the constitution, even if that means I might die in that struggle.

    More links: FBI demanding lists of who checks out books from libraries. Under Patriot Act II, they'll do it.

    Dissuading access to ideas: Chilling effect on research, analysis, risk assessment, and results in an inefficient allocation of resources and capital, making the United States less competitive and more likely to repeat errors from the past.

    Problems with the Patriot Act II Provisions Is this the kind of country you want to live in:

  • Vague standards;
  • Intruding on activity unrelated to any criminal activity;
  • Private business records seized to harass business owners based on petit gripes, innuendo;
  • Vague basis for decisions;
  • No consequences if make errors;
  • Unknown how the FBI has used the existing powers;
  • To be used in non-terror cases to harass those exercising constitutionally prortected activity;
  • Inadequate oversight; and
  • Excuses to ignore the system of checks and balances


    Why don't you just burn the constitution?

    Every day, there's new reports of abuses. The only thing which keeps the FBI in line [and not all that well] is some outside oversight.

    This week, we learn that the media-oversight-role is now turned on its head, Newsweek being ordered to apologize for discussing what is well known: That abuse, torture, and violations of the law occurred in Guantanamo; and that the Pentagon and White House wrote memos directing that criminal activity occur.

    We've also learned that, despite the statutes that do require the FBI to respond, their JTTF personnel refuse to comply with lawful audits.

    Now we learn that the Congress is about to vote on further expansions of the Patriot Act. Brilliant.

    Where are the AlQueda? ABC reports that the "10,000 AlQueda number" was fiction.

    What about those terror alerts? Ridge says he resigned, in part, because the White House kept overruling him, issuing alerts, when there was no evidence.

    What about the restrictions against unreasonable searches? This week, we find out that the FBI and local law enforcement continue to gather intelligence on non-criminals.

    Yet, what happens when we go to the FBI to get data for defense? The FBI can't find the information in the I-Drive. SAIC creates programs that don't work. ChoicePoint can't protect the information.

    America has a problem. It relies more on nonsense and accusations to pass policy. That's not prudent.

    The current combat support in Iraq is insufficient. There's going to be a draft.

    There's pressure on analysts to pull their punches. This "leadership" has no regard for international law.

    Congress, the media, and the public have the responsibility to reign this in. Giving a blank check to the FBI will only invite more mischief.

    If the FBI really wants to have records on everyone, first get the FBI to explain:

  • Why their agents assigned to Guantanamo didn't timely report their observations of the abuse? They are required under Federal law to make it known to the Congress when they come across information related to war crimes.

  • Why are written memos authorizing torture not the basis for an impeachment; and what role does the US Attorney General have in dissuading Congress and the FBI from looking into these matters of criminal law?

    If the FBI gets a blank check, they can simply accuse anyone of being suspicious, and subpoena whatever they want.

    That's no different than the abuses under the British Monarchy.

    This is not freedom. If you really like the "current state of affairs," might I suggest you move to Iraq. The US CIA is doing what the FBI will do stateside.

    You will only remain free so long as you are willing to stand up for your freedom. To take no action today because you fear future reprisals means you are not free.

    You are living in fear. Of your own power. And mostly of those who would gladly beat you down simply because they have no other way to justify their position.

    That is not the rule of law. It is the rule of man by force.

    This is no different than the Roman Empire. When they threatened force.

    The sticks used to beat; the ax used to decide life and death.

    How do I know?

    For this is what I have seen.


    "Law enforcement officials have made at least 200 formal and informal inquiries to libraries for information on reading material and other internal matters since October 2001" Ref

    Libraries Say Yes, Officials Do Quiz Them About Users
    Published: June 20, 2005

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