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?

[Lower55]

pulls sneaky tricks to take my freedoms away.

Would that be the freedom to launder money for terrorists?

[deport]

From the Text:

`(d) For purposes of this section, and sections 1115 and 1117 insofar as they relate to the operation of this section, the term `financial institution' has the same meaning as in subsections (a)(2) and (c)(1) of section 5312 of title 31, United States Code,

Now (a)(2)

(2)

''financial institution'' means -

(A)

an insured bank (as defined in section 3(h) of the Federal Deposit Insurance Act (12 U.S.C. 1813(h)));

(B)

a commercial bank or trust company;

(C)

a private banker;

(D)

an agency or branch of a foreign bank in the United States;

(E)

an insured institution (as defined in section 401(a) ^[1] See References in Text note below.

(F)

a thrift institution;

(G)

a broker or dealer registered with the Securities and Exchange Commission under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.);

(H)

a broker or dealer in securities or commodities;

(I)

an investment banker or investment company;

(J)

a currency exchange;

(K)

an issuer, redeemer, or cashier of travelers' checks, checks, money orders, or similar instruments;

(L)

an operator of a credit card system;

(M)

an insurance company;

(N)

a dealer in precious metals, stones, or jewels;

(O)

a pawnbroker;

(P)

a loan or finance company;

(Q)

a travel agency;

(R)

a licensed sender of money;

(S)

a telegraph company;

(T)

a business engaged in vehicle sales, including automobile, airplane, and boat sales;

(U)

persons involved in real estate closings and settlements;

(V)

the United States Postal Service;

(W)

an agency of the United States Government or of a State or local government carrying out a duty or power of a business described in this paragraph;

(X)

a casino, gambling casino, or gaming establishment with an annual gaming revenue of more than $1,000,000 which -

(i)

is licensed as a casino, gambling casino, or gaming establishment under the laws of any State or any political subdivision of any State; or

(ii)

is an Indian gaming operation conducted under or pursuant to the Indian Gaming Regulatory Act other than an operation which is limited to class I gaming (as defined in section 4(6) of such Act);

(Y)

any business or agency which engages in any activity which the Secretary of the Treasury determines, by regulation, to be an activity which is similar to, related to, or a substitute for any activity in which any business described in this paragraph is authorized to engage; or

(Z)

any other business designated by the Secretary whose cash transactions have a high degree of usefulness in criminal, tax, or regulatory matters.

---

[woofie]

It turns out this was the "Parrot ACT II" not the "Patriot Act II"

Never Mind

[Pikamax]

The writer of the article must have seen a different law passed than this one. almost tinfoilion.

[LPM1888]

I can't see what the difference is if the person who chooses the appointees can't be trusted.

[HiTech RedNeck]

But of COU-URSE its legal scope has been even further expanded than this money laundering stuff. The money laundering stuff was the camel's nose, because they could do the same thing even before, with the assent of a grand jury. The assent of the grand jury was abolished with respect to spying in pursuit of money laundering crimes. Verily, verily, quickly entereth the entire camel.

[oceanview]

be assured, Dean could be trusted to pick every Ruth Bader Ginsburg he could find.

[Lower55]

how will this law be used in those hands?

Bush signed the bill that was passed by a majority of Congress. Did this small fact get lost on this thread? This is not a kingdom, it's a representative republic.

[HiTech RedNeck]

Congress couldn't possibly read all the spew it has voted for, if it could stay awake 24/7.

[woofie]

Oh my God ya mean the Dems voted for it?

[LibertyAndJusticeForAll]

Good point. Another reason to look over our respective Representatives and replace them with someone who does indeed represent us.

[deport]

Do you know if it is available in Spanish?

---

No sé

[Lower55]

Congress couldn't possibly read all the spew it has voted for,

No argument here.

[Kevin Curry]

Oh, that's right. Bush only signed the piece of crap legislation.

He's off the hook.

Thanks for straightening that out.

[HiTech RedNeck]

When Kevin Curry calls a jackboot legislation a "piece of crap" we KNOW it's got to be bad!

[MissAmericanPie]

Maybe you should look again, like in the Senate archives. Check out November 22, 2003, doh.

[Lower55]

Another reason to look over our respective Representatives and replace them with someone who does indeed represent us.

Excellent point. I hope Bush has coattails this next election.

[LPM1888]

That's proof enough for me, I'll be calling my Congressman and Senator tomorrow to see how they voted. If they didn't vote against this B.S. they can kiss my vote good by and their opponent just got a big campaign donation.

[HiTech RedNeck]

We can at best hope for a secondary effect from that, that most of the old liberals will dodder out of the SCOTUS and we will have a filibusterproof Senate that will affirm old-school conservatives ("family values") which will also put the nix to abominations like CFR and calling everything short of Mom and Pop's Donut Shop a "financial institution."

[Penner]

Everyone happy?

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.

After reading this, I'm really happy.