WASHINGTON (AP) -- The Justice Department is preparing to expand the 2001 Patriot Act to increase surveillance within the United States while restricting access to information and limiting judicial review, a nonprofit government watchdog group asserted Friday. The Center for Public Integrity said it obtained a copy of the draft legislation from a government source.... (from Obvious, like Kelley?)
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Anybody watch NOW Friday on this story? Pretty nasty stuff. The draft document is available at (http://www.publicintegrity.org). I downloaded parts 1,2,3 out of 5 (12Mb total) and only started reading 1. Their server must be swamped.
Anyway, all you lawyers and civil liberties folks out there should take a look. The whole emphasis is on prevention, meaning surveillance, capture, and detention as preventative measures, prior to criminal acts.
Recall from the previous Patriot Act that a terrorist is anybody the Attorney General identifies to a secret Court panel in the basement of the Justice Dept. So with that in mind here are the opening paragraphs of Patriot Two, The Vengence:
Title I: Enhancing National Security Authorities Subtitle A: Foreign Intellignece Surveillance Act Amendments
Section 101: Individual Terrorists as Foreign Powers.
Under 50 USC sec 1801(a)(4), the definition of ``foriegn power'' includes groups that engage in international terrorism, but does not reach unaffiliated individuals who do so. As a result, investigations of ``lone wolf'' terrorists or ``sleeper cells'' may not be authorized under FISA. Such investigations therefore must proceed under the stricter standards and shorter time periods set forth in Title III, potentially resulting in unnecessary and dangerous delays and greater administrative burden. This provision would expand FISA's definition of ``foriegn power'' to include _all_ persons, regardless of whether they are affiliated with an international terrorist group who engage in international terrorism.
Section 102: Clandestine Intelligence Activities by Agent of a Foreign Power.
FISA currently defines ``agent of a foriegn power'' to include a person who knowingly engages in clandestine intelligence gathering activities on behalf of a foriegn power---but only if those activities ``involve or may involve a violation of'' federal criminal law. Requiring the additional showing that intelligence gathering violates the laws of the United States is both unnecessary and counterproductive, as such activities threaten the national security regardless of whether they are illegal. This provision would expand the definition contained in 50 USC sec 1801(b)(2)(A) and (B). Any person who engages in clandestine intelligence gathering activities for a foreign power would qualify as an ``agent of a foreign power,'' regardless of whether those activities are federal crimes.
Section 103: Strengthening Wartime Authorities Under FISA.
Under 50 USC secs 1811 and 1844, the Attorney General may authorize, without the prior approval of the FISA Court, electronic surveillance, phsyical searches, or the use of pen registers for a period of 15 days following a congressional declaration of war. This wartime exception is unnecessarily narrow, it may be invoked only when Congress formally has declared war, a rare event in the nation's history and something that has not occurred in more than sixty years. This provision would expand FISA's wartime exception by allowing the wartime exception to be invoked after Congress authorizes the use of military force, or after the United States has suffered an attack creating a national emergency.
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Needless to say, Congress already has authorized the use of military force.
Remember boys and girls all it takes is for the nasty mullah Ashcroft to declare you or your group agents of foriegn powers to his basement Court and you are toast right now.
With the new improved Patriot Two, mullah Ashcroft doesn't even have to bother with telling the basement court fig leaf. He can just do it.
When you read further on in Patriot Two, you find that refusing to comply with a secret court order to talk or hand over anything it demands will be a new crime. This means refusing to talk under introgation (aka torture) is contempt of this secret court.
Evidently the first secret court in basement has an appeal court in the closet, but unfortunately the closet appellate court doesn't provide for the Justice Department attorneys to argue their side. It is an administrative review. But with Patriot Two, DoJ can now appear with attorneys to argue, and get reimbursed for their time and work crushing your civil liberties. Isn't that double billing? Isn't that their job already?
Chuck Grimes