WITH A WHISPER, NOT A BANG (Patriot Act II signed by President on December 13, 2003)

San Antonio Current ^ | 12/24/03 | David Martin

[Marianne]

On December 13, when U.S. forces captured Saddam Hussein, President George W. Bush not only celebrated with his national security team, but also pulled out his pen and signed into law a bill that grants the FBI sweeping new powers. A White House spokesperson explained the curious timing of the signing - on a Saturday - as "the President signs bills seven days a week." But the last time Bush signed a bill into law on a Saturday happened more than a year ago - on a spending bill that the President needed to sign, to prevent shuttng down the federal government the following Monday.

By signing the bill on the day of Hussein's capture, Bush effectively consigned a dramatic expansion of the USA Patriot Act to a mere footnote. Consequently, while most Americans watched as Hussein was probed for head lice, few were aware that the FBI had just obtained the power to probe their financial records, even if the feds don't suspect their involvement in crime or terrorism.

By signing the bill on the day of Hussein's capture, Bush effectively consigned a dramatic expansion of the USA Patriot Act to a mere footnote.

The Bush Administration and its Congressional allies tucked away these new executive powers in the Intelligence Authorization Act for Fiscal Year 2004, a legislative behemoth that funds all the intelligence activities of the federal government. The Act included a simple, yet insidious, redefinition of "financial institution," which previously referred to banks, but now includes stockbrokers, car dealerships, casinos, credit card companies, insurance agencies, jewelers, airlines, the U.S. Post Office, and any other business "whose cash transactions have a high degree of usefulness in criminal, tax, or regulatory matters."

Congress passed the legislation around Thanksgiving. Except for U.S. Representative Charlie Gonzalez, all San Antonio's House members voted for the act. The Senate passed it with a voice vote to avoid individual accountability. While broadening the definition of "financial institution," the Bush administration is ramping up provisions within the 2001 USA Patriot Act, which granted the FBI the authority to obtain client records from banks by merely requesting the records in a "National Security Letter." To get the records, the FBI doesn't have to appear before a judge, nor demonstrate "probable cause" - reason to believe that the targeted client is involved in criminal or terrorist activity. Moreover, the National Security Letters are attached with a gag order, preventing any financial institution from informing its clients that their records have been surrendered to the FBI. If a financial institution breaches the gag order, it faces criminal penalties. And finally, the FBI will no longer be required to report to Congress how often they have used the National Security Letters.

Supporters of expanding the Patriot Act claim that the new law is necessary to prevent future terrorist attacks on the U.S. The FBI needs these new powers to be "expeditious and efficient" in its response to these new threats. Robert Summers, professor of international law and director of the new Center for Terrorism Law at St. Mary's University, explains, "We don't go to war with the terrorists as we went to war with the Germans or the North Vietnamese. If we apply old methods of following the money, we will not be successful. We need to meet them on an even playing field to avoid another disaster."

"It's a problem that some of these riders that are added on may not receive the scrutiny that we would like to see." -- Robert Summers

Opponents of the PATRIOT Act and its expansion claim that safeguards like judicial oversight and the Fourth Amendment, which prohibits unreasonable search and seizure, are essential to prevent abuses of power. "There's a reason these protections were put into place," says Chip Berlet, senior analyst at Political Research Associates, and a historian of U.S. political repression. "It has been shown that if you give [these agencies] this power they will abuse it. For any investigative agency, once you tell them that they must make sure that they protect the country from subversives, it inevitably gets translated into a program to silence dissent."

Opponents claim the FBI already has all the tools to stop crime and terrorism. Moreover, explains Patrick Filyk, an attorney and vice president of the local chapter of the ACLU, "The only thing the act accomplishes is the removal of judicial oversight and the transfer of more power to law enforcements agents."

This broadening of the Patriot Act represents a political victory for the Bush Administration's stealth legislative strategy to increase executive power. Last February, shortly before Bush launched the war on Iraq, the Center for Public Integrity obtained a draft of a comprehensive expansion of the Patriot Act, nicknamed Patriot Act II, written by Attorney General John Ashcroft's staff. Again, the timing was suspicious; it appeared that the Bush Administration was waiting for the start of the Iraq war to introduce Patriot Act II, and then exploit the crisis to ram it through Congress with little public debate.

The leak and ensuing public backlash frustrated the Bush administration's strategy, so Ashcroft and Co. disassembled Patriot Act II, then reassembled its parts into other legislation. By attaching the redefinition of "financial institution" to an Intelligence Authorization Act, the Bush Administration and its Congressional allies avoided public hearings and floor debates for the expansion of the Patriot Act.

Even proponents of this expansion have expressed concern about these legislative tactics. "It's a problem that some of these riders that are added on may not receive the scrutiny that we would like to see," says St. Mary's Professor Robert Summers.

The Bush Administration has yet to answer pivotal questions about its latest constitutional coup: If these new executive powers are necessary to protect United States citizens, then why would the legislation not withstand the test of public debate? If the new act's provisions are in the public interest, why use stealth in ramming them through the legislative process?

[HiTech RedNeck]

It is manifest that you are the one in the wrongful world. An "adult" who has "grown" past the point of seeing that the right to live is worth more than the obverse, is "mature" like a piece of rotten cheese is "mature."

[ATOMIC_PUNK]

Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism

H.R.2417

Intelligence Authorization Act for Fiscal Year 2004 (Enrolled as Agreed to or Passed by Both House and Senate)

[ATOMIC_PUNK]

There are 6 versions of Bill Number H.R.2417 for the 108th Congress

1 . Intelligence Authorization Act for Fiscal Year 2004 (Introduced in House)[H.R.2417.IH]
2 . Intelligence Authorization Act for Fiscal Year 2004 (Reported in House)[H.R.2417.RH]
3 . Intelligence Authorization Act for Fiscal Year 2004 (Engrossed as Agreed to or Passed by House)[H.R.2417.EH]
4 . Intelligence Authorization Act for Fiscal Year 2004 (Placed on Calendar in Senate)[H.R.2417.PCS]
5 . Intelligence Authorization Act for Fiscal Year 2004 (Engrossed Amendment as Agreed to by Senate)[H.R.2417.EAS]
6 . Intelligence Authorization Act for Fiscal Year 2004 (Enrolled as Agreed to or Passed by Both House and Senate)[H.R.2417.ENR]

[philetus]

Sorry HiTech, but we don't really have any rights now.
If it looks like your going to be a problem, they just shoot you.

[Recovering_Democrat]

I like it, I love, and I want more of it. Let's whack those terror cells right here.

[eno_]

Property siezure is too easy in the U.S., as is snooping on financial records.

The time to leave will be soon, and the time for my money to leave is now.

Also, read my tagline. The REAL BIG cost of these kinds of laws is that I would not fight to defend the Ashcroft Nation. Nor will my kids. You better be ready to re-up because this place can go to hell in a can of anthrax for all I care.

When the government recinds all emergency powers and colors inside Constitutional lines I'll reconsider.

[Lazamataz]

what the san antonio current and how come I haven't heard of this signing by any other news source?

Christ. Denial has gotten to the point that they even deny the existence of the law.

H.R. 2417, INTELLIGENCE AUTHORIZATION AGREEMENT OF 2004 [Dec 13 2003--President Bush Signs Patriot Act II ]

Now I suppose you'll claim that someone hacked the Whitehouse web site, and that the bill never was signed after all.

[Lazamataz]

I like it, I love, and I want more of it.

Yes, we know.

But I want to know just how many of your fascist urges you brought from your Democrat party.

Would you support arrest and unlimited incarceration without any trial whatsoever?

Would you support summary execution upon arrest?

Would you support complete revocation of the Bill of Rights for all people in order to assist the War on Terror?

[Lazamataz]

Kevin, looks like you are coming around. I'm glad to see you (finally) become alarmed at the sweeping police-state powers being amassed by this (and the previous) administration.

[Lazamataz]

I did a cursory look at Google ..nothing comes up .Which leads me to suspect it is a bogus story(coming from a San Antonio paper)

Here is some assistance: H.R. 2417, INTELLIGENCE AUTHORIZATION AGREEMENT OF 2004 [Dec 13 2003--President Bush Signs Patriot Act II ]

[philman_36]

Yep, another of those belated birthday gifts...
As with most gift giving occasions, not all gifts are liked.

[the gillman@blacklagoon.com]

...And to add salt to our wound, they refer to these losses of an American citizen's privacy as the 'Patriot' Act - I and II (one can assume there will be more)...

I'm late to this party and haven't read to the bottom, but what will come next guaranteed is the new extreme version of the AWB. Can't have arms in the hands of the sheeple.

Oh, it will be for our safety, and the safety of the "children", but it's coming.

[the gillman@blacklagoon.com]

...This is not a kingdom, it's a representative republic...

Not any more.

[verity]

So far under the Bush administration we have lost the first, fouth, and tenth amendments.

At least the Administration's ability to piss you off has not been lost. lol.

[sinkspur]

You better be ready to re-up because this place can go to hell in a can of anthrax for all I care.

Then stop posting to me. You ought to be packing and getting ready to go...to France.

[sinkspur]

Keating's a flake, and so are you for posting this drivel on FR.

You're also thoughtless, by gumming up Jim's disc space instead of posting a link to it.

[PGalt]

Geat! Go President Bush!

[sinkspur]

Sorry. My #116 was posted to the wrong thread and to the wrong person.

[billbears]

Thanks for the link. Looks like more Christmas presents and no one told us. < /sarcasm> Please see the link at #110.

[eno_]

Then stop posting to me. You ought to be packing and getting ready to go...to France.

Our rulers do as they please, and I will too. My taxes are far more than they deserve. They'll not get any more than that. It isn't me that has devalued this nation. It is vile laws like the Patriot Acts.