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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: Kevin Curry
Bush only signed the piece of crap legislation.

I guess it's all in perspective. Some people see a toilet as a good thing. Inside plumbing.

Some only see the crap.

I think it's all in perspective.

81 posted on 12/28/2003 10:08:38 PM PST by Lower55
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To: Lower55
Is 55 the size of your jackboots?
82 posted on 12/28/2003 10:10:30 PM PST by HiTech RedNeck
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To: HiTech RedNeck
"...calling everything short of Mom and Pop's Donut Shop a "financial institution.""

hey, they could be considered a financial institution...they handle a lot of dough!!!!
83 posted on 12/28/2003 10:11:17 PM PST by flashbunny (A corrupt society has many laws.)
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To: HiTech RedNeck
Is 55 the size of your jackboots?

No, but a good question.

84 posted on 12/28/2003 10:12:11 PM PST by Lower55
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To: sinkspur
Yeah, it's a "big deal" if you happen to have a desire to protect your wealth.
LOL!!! Where on earth did that come from?

Perhaps you don't care if our governments stated goal is to devalue our currency vs. the Euro by up to 30%

I think that sucks, therefore I am buying other assets that will lock in at today's rate that the dollar is worth.

Of course, now, theoretically each of these businesses will have to keep a record of my transactions, for anything over $2500, unless of course that number has been lowered again.

So "LOL" all you like.

Anything that leaves a record could lead to confiscation. It's happened several times in our nations short history already.

85 posted on 12/28/2003 10:12:54 PM PST by GluteusMax
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To: GluteusMax
Paranoid much?
86 posted on 12/28/2003 10:14:25 PM PST by Lower55
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To: HiTech RedNeck
You kissed the boots of the FLoriDUH legal system not too long ago.

No I supported freedom. You supported a governor who wanted to interject himself into a families personal problems.

87 posted on 12/28/2003 10:15:32 PM PST by LPM1888 (What are the facts? Again and again and again -- what are the facts? - Lazarus Long)
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To: Lower55
FDR and the ownership of gold?
88 posted on 12/28/2003 10:15:47 PM PST by HiTech RedNeck
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To: Lower55
Paranoid much?

Call it what you like.

This country was founded on the premise that too much government is bad.

You apparently would have been of the Tory persuasion.

89 posted on 12/28/2003 10:16:44 PM PST by GluteusMax
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To: LPM1888
I supported overhauling the whole blasted system. So that a "freedom" to be killed is not wished on someone who did not execute a legal instrument in pursuance thereto. You deliberately twist my position.
90 posted on 12/28/2003 10:17:06 PM PST by HiTech RedNeck
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To: deport
he-he
91 posted on 12/28/2003 10:17:48 PM PST by Pro-Bush (Homeland Security + Tom Ridge = Open Borders --> Demand Change!)
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To: LPM1888
Oh, and YOU kissed their boots which had marched up to the point where such a "freedom" can be wished on such an insubstantial basis.
92 posted on 12/28/2003 10:18:10 PM PST by HiTech RedNeck
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To: oceanview
Either way I lose my Rights.
93 posted on 12/28/2003 10:19:48 PM PST by LPM1888 (What are the facts? Again and again and again -- what are the facts? - Lazarus Long)
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To: LPM1888
But you keep that precious Right to be Killed.
94 posted on 12/28/2003 10:21:11 PM PST by HiTech RedNeck
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To: LPM1888
(Even if you never asked for it. All that has to happen is someone tell a halfway sincere sounding story about what you said in passing.)
95 posted on 12/28/2003 10:21:59 PM PST by HiTech RedNeck
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To: GluteusMax
This country was founded on the premise that too much government is bad.

Actually I agree with this completely. But, sometimes there are things one can control, and things one can't control.

If enough people get fed up, there may be changes. I just don't see it happening when almost half of the population is living off the stolen wealth of the other half.

96 posted on 12/28/2003 10:25:40 PM PST by Lower55
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To: HiTech RedNeck
I supported overhauling the whole blasted system. So that a "freedom" to be killed is not wished on someone who did not execute a legal instrument in pursuance thereto. You deliberately twist my position.

Let's not go into it here. We will have plenty of opportunities in another time and place.

97 posted on 12/28/2003 10:27:03 PM PST by LPM1888 (What are the facts? Again and again and again -- what are the facts? - Lazarus Long)
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To: LPM1888
The reason you don't want to go into it here is because you were WRONG.
98 posted on 12/28/2003 10:27:48 PM PST by HiTech RedNeck
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To: LPM1888
You may recall, by the way, that you took the position that unless the person had with sufficient vigor prosecuted before their incapacitation their wish not to be killed, that the right to be killed would be the default. And you called that freedom. Like Satan calls it freedom.
99 posted on 12/28/2003 10:29:38 PM PST by HiTech RedNeck
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To: HiTech RedNeck
Try to act like an adult and take the hint.
100 posted on 12/28/2003 10:33:13 PM PST by LPM1888 (What are the facts? Again and again and again -- what are the facts? - Lazarus Long)
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