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WITH A WHISPER, NOT A BANG (Patriot Act II signed by President on December 13, 2003)
San Antonio Current ^ | 12/24/03 | David Martin

Posted on 12/28/2003 9:02:32 PM PST by 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?


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Foreign Affairs; Government; News/Current Events; Politics/Elections; War on Terror
KEYWORDS: billofrights; bush43; patriotactii; terrorism
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To: Lower55
They did that long ago....when they decided they could confiscate my money to pay for your welfare and entitlements. This act is less abusive "IMHO" to that.

MY welfare. MY entitlements.

I've never collected welfare in my life. No social security. No food stamps. No Section 8 housing payments. Hell, I've never even applied for a Habitat for Humanity House.

But that's okay, being substance-free and dogmatically consistent would necessitate you making wild, outlandish claims. I expected as much.

201 posted on 12/29/2003 10:26:24 AM PST by Lazamataz (I slam, you slam, we all slam, for Islam!)
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To: inquest
how Ridge is being remiss in looking out for national security

This is a conceptual problem. Some just have different dragons to slay.

202 posted on 12/29/2003 10:27:54 AM PST by Lower55
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To: Lower55
Your MO, not mine.

I will leave that up to the readers to decide.

Got any more outlandish claims about me? :o) Hahahahahhahhahh!!!

203 posted on 12/29/2003 10:28:38 AM PST by Lazamataz (I slam, you slam, we all slam, for Islam!)
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To: Sabertooth
Sabe, give up on this guy. He's a mental lightweight.

BTW, I am curious why Bush is going ahead with these cards under the present circumstances....

204 posted on 12/29/2003 10:29:52 AM PST by Lazamataz (I slam, you slam, we all slam, for Islam!)
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To: Sabertooth
W H Y D O E S T H E B U S H A D M I N I S T R A T I O N F A C I L I T A T E T H E I R A C T I V I T I E S I F T H E Y U S E M E X I C A N I D E N T I F I C A T I O N C A R D S

Who has done this?

205 posted on 12/29/2003 10:30:09 AM PST by Lower55
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To: inquest
Interesting response to Sabe's point. Here he is talking about how Ridge is being remiss in looking out for national security, and you respond by telling him that we have a national security problem. Brilliant.

I think Lower55 is his IQ. :o)

206 posted on 12/29/2003 10:30:41 AM PST by Lazamataz (I slam, you slam, we all slam, for Islam!)
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To: Lower55
Who has done this?

People in the Bush Administration, Brainiac.

207 posted on 12/29/2003 10:31:20 AM PST by Lazamataz (I slam, you slam, we all slam, for Islam!)
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To: Lazamataz
I've never collected welfare

Hey...Sorry, ya never know.

208 posted on 12/29/2003 10:31:55 AM PST by Lower55
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To: Lower55
Hey...Sorry, ya never know.

Hey, baseless accusations are just part of your MO.

To paraphrase something you said. :o)

209 posted on 12/29/2003 10:33:50 AM PST by Lazamataz (I slam, you slam, we all slam, for Islam!)
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To: Lazamataz
People in the Bush Administration, Brainiac.

People in the Bush Administration have used Mexican I.D. Cards??? Name them.

210 posted on 12/29/2003 10:34:29 AM PST by Lower55
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To: Lower55; Sabertooth
*SIGH*

I don't have time for you any more. I have a business to run. Sabertooth, fill this guy in on what we're trying to say after all, wouldjya?

...if you have the time and the patience....?

211 posted on 12/29/2003 10:36:23 AM PST by Lazamataz (I slam, you slam, we all slam, for Islam!)
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To: Marianne
Bookmark for later rant.
212 posted on 12/29/2003 10:36:59 AM PST by Beck_isright ("Deserving ain't got nothing to do with it" - William Money)
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To: Lazamataz
fill this guy in on what we're trying to say

I know what you are trying to say. I just think you're wrong on your assumptions.

213 posted on 12/29/2003 10:38:44 AM PST by Lower55
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To: FreeReign
...A court of law is our "last refuge" of protection of our unalienable rights...

Considering the travesties committed by the SCOTUS recently, I guess we're screwed.



214 posted on 12/29/2003 10:41:40 AM PST by the gillman@blacklagoon.com (It's not a blanket amnesty, it's amnistia del serape!)
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To: the gillman@blacklagoon.com
How much does government shill pay these days and where can he get an application?

Same pay as you got for being an Oliver Stone extra. Same place for the application, too: yer mom's house. :-D

215 posted on 12/29/2003 10:42:51 AM PST by Recovering_Democrat (I'm so glad to no longer be associated with the Party of Dependence on Government!)
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To: Lazamataz
I'm serious, too. You're living in a fantasy NeverWorld--trying to rile up the masses. But you're failing. Americans realize there is greater danger in the subculture of Islamic fundamentalism than there is in the open-to-debate world of the American Republic.
216 posted on 12/29/2003 10:44:50 AM PST by Recovering_Democrat (I'm so glad to no longer be associated with the Party of Dependence on Government!)
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To: Lazamataz
I won't engage in a battle of wits with someone who is unarmed.

The fact of the matter is that bills are passed or they fail with plenty of public inspection available. You can shimmy and shake all you like--the American people just aren't buying your panic-tonic. They just aren't.

217 posted on 12/29/2003 10:46:53 AM PST by Recovering_Democrat (I'm so glad to no longer be associated with the Party of Dependence on Government!)
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To: Recovering_Democrat
My mom died forty years ago when I was nine. She never owned a house.
218 posted on 12/29/2003 10:47:28 AM PST by the gillman@blacklagoon.com (It's not a blanket amnesty, it's amnistia del serape!)
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To: Lazamataz
Hey, baseless accusations are just part of your MO.

Hey, when I said "your welfare" and "your entitlements", I was talking about a large section of the population.

Since you make comments as though you are speaking for a large section of the population, and that your opinion should be given more weight than anyone elses, I mistakingly thought you were the ONE..The annointed One. Dissappointing to know now that you are just a single citizen commenting as though you had a large constituency.

219 posted on 12/29/2003 10:48:40 AM PST by Lower55
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To: LibertyAndJusticeForAll
Well we can hang our heads in shame like with the camps we used to keep the Am-Japanese in during WW2. And to think these people would give us so many heroes.
220 posted on 12/29/2003 10:48:59 AM PST by sawyer
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