NORTH COAST TIMES E A G L E , JAN/FEBRUARY2003
PAGE 4
ROBERT GROSSMAN
THE USA UN-PATRIOT ACT
BY LOUIS ALVIS
I was pleased when The Editor asked me if I was
interested in submitting an article about how our rights have
changed since the institution of the so-called USA Patriot Act.
Considering myself a son of Liberty, I enthusiastically took the
bait, and delved into the smoky darkness that is the USAPA.
I ran headfirst into a wall, a wall designed to discourage. It is
a wall of elite language, an obfuscating fog of legalese and
political cross-reference, a dense thicket of distractions.
The act is formally called “The Uniting & Strengthening
of America by Providing Appropriate Tools Required to Intercept
& Obstruct Terrorism Act of 2001". It is, depending on format,
320-350 pages long and is quite frankly unreadable by anyone
without enormous experience in legal and political writing, and
a lot of time on their hands My first thought on seeing this entire
document was skepticism that such an enormous document was
assembled in just the six weeks following the atrocity of the Twin
Towers. Further research has shown that many parts of this act
were already written, and in many cases had been rejected by
the legislatures they were presented to Much of this legislation
dates back to the bombing of Alfred P. Murrah Federal Building
in Oklahoma City in 1995. In the first flush of horror, many
persons and authorities assumed this was the work of a foreign
power, most likely Islamist, and the seeds of the USAPA were
planted then, only to wither on the thin soil of evidence that told
us this terrorist was an American citizen and veteran of the
armed forces. But vigilance can be long lived, and with the terror
of 9/11 many parts of the USAPA were already researched,
written and waiting for the day when a hostile Islamic enemy
threatened us.
The language of the USAPA did not really surprise me.
The language of law as it exists in America today is dynamically
similar to the use of Latin in the medieval church. In both cases
the language used to describe and justify the actions of the
rulers of these periods is not the language of the governed but
a specialized jargon, kept secret except to its privileged and
ordained elite. In those dark centuries, illiteracy served to keep
the ruled ignorant of any idea except that of submission to the
status quo. It spread and preserved the idea that the governed
were there due to divine selection and that a person's station
in life was immutable Our modern ‘Lingua Cathedra' is also
unintelligible to the average citizen, rendering him/her function
ally illiterate as regard the very laws s/he is supposed to rely on
for safety and security. This illiteracy serves to keep the citizen
ignorant of his/her true rights and usages and support submis
sion to the status quo. It spreads and preserves the idea that our
governors are there because we ordinary people are ignorant in
the face of this body of impenetrable language, language that is
the private domain of our legal and political betters.
However, unlike the submissive medieval peasant, there
are many in our country that DO have access to, and use of, this
specialized cant. It is through the efforts of these persons and
organizations that I have been able to find out some of what has
changed, and how some of those changes will affect us. (see
sidebar on this page)
One of the more clever methods in use by our new big
brother USAPA is to take advantage of the fact that the framers
of the Constitution never heard of telephones, computers, the
internet, etc. So many of USAPA's expanded powers focus on
information flow Just as freedom of movement now relies
almost exclusively on the use of automobiles, so our freedom
to communicate relies on many electronic media. In the case
of cars on roads we are told that driving is not a right but a
privilege. Could such an argument be used against the inter
net? Already application from USAPA and associated executive
orders suggest that computer uses may be labeled as terrorist
if they suggest coercion against the government of the United
States or in any way impedes interstate commerce In this light
a suggestion to mass e-mail a federal office or boycott a trans
national corporation may be declared a terrorist act.
In addition to Constitutional violations the USAPA
modifies at least 18 other federal laws Most of these modi
fications specify that the executive branch make adjustments
to these laws without either judicial review or legislative action.
In the name of security from our terrorist enemies, the traditional
checks and balances of our government are overridden, often
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allowing low level federal functionaries to act without any
responsibility to our legally constituted laws
My personal attention is drawn to usages that suggest
that these structures are temporary, only existing “for the
Duration of the Emergency", but this emergency is so very
adjustable So long as there might be a few disgruntled persons
with a gripe about American foreign policy, the emergency
continues. Many politicians and members of the military indust
rial complex have been looking for something to replace the
“Evil Empire” of the old Soviet Union. The drug war has not
been good enough, peace keeping in war torn Somalia was at
best a brief window for imperial expansion; Noriega, Grenada,
Haiti and even the Balkans were not long lived enough or
pervasive enough to justify a permanently enlarged military.
But we have seen now that the war against al-Qaida has been
expanded into conquest and puppet rule in Afghanistan, and as
of this writing the same process is aimed at Iraq. It has been
said that “war is the health of the state," and with a nebulous
enemy such as militant Islam as the boogeymen, we can be
assured of years of profitable business for the arms industry,
the petroleum industry, and of course the further expansion of
the Pax Americana
It is also pertinent to note, when we ask ourselves if we
are to worry about being the focus of these acts and edicts, of
the statements of U.S. attorney general John Ashcroft. He was
asked what the innocent American had to fear from increased
security measures.His reply was “the innocent are not suspects."
As an attorney trained in logic he must realize this statement is
the equivalent of saying, “If you are a suspect then you must be
guilty.”
But there is some good news. There is a sunset clause
in this legislation that expires in 2005. It is not a repeal of the
entire act or all the executive emergency orders but at least
AMENDMENT!
Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof, or abridging the free
dom of speech, or of the press, or the right of the people peaceably to
assemble, and to petition the Government for redress of grievances
Article 802 of the USA Patriot Act creates the new crime
of "Domestic Terrorism” This definition is so broad it can be used
against persons trying to exercise their right to public demonstration
if it “appear(s) to be intended to influence the policy of Government
by intimidation or coercion ” The Seattle World Trade Center protests,
if held today, could be grounds to claim all participants are domestic
terrorists The same holds true for any public demonstration that does
anything that might interfere with business as usual.
Article 215 of the USAPA allows the FBI and/or “duly
constituted agencies’ of the law to seek records from bookstores
and libraries regarding the reading or computer habits ofpersons
suspected (or claimed to be suspected) of terrorism It also gags
persons who have asked to turn over said documents, making it
illegal to mention they have been forced to comply.
An Attorney General edict now allows for surveillance
of persons and organizations of a political or religious nature
without any evidence of wrongdoing It also lifts the restrictions
against COINTELPRO-style operations such as were used in
the past for harassment or intimidation Such operations are
also permitted to set agents to infiltrate such gatherings and incite
criminal behaviors
Another Attorney General edict now states that Freedom of
Information requests may be denied even in the case of unclassified
information Don't ask, they won't tell (But they might be interested
in who asks )
A Bureau of Prisons emergency surveillance order allows
for the authorities to listen in on the privileged conversations between
a lawyer and client without having to get judicial approval This holds
true even in cases where there has been no finding of guilt
AMENDMENT IV
The right of the people to be secure in their persons,
houses, papers, and effects, against unreasonable searches
and seizures, shall not be violated, and no Warrants shall issue,
but upon pardonable cause, supported by Oath or affirmation, and
particularly descnbmg the place to be searched, and the persons or
things to be seized
Section 203 of the USAPA allows the CIA to access inform
ation gathered by domestic law enforcement, including wire taps and
electronic media without need of court orders or warrants It can share
that information with any other government agency and those of other
countries It is important to note that the CIA was established to oper
ate extranationally and had to refrain from operations in the United
States Now they are able to use other law enforcement as proxy
USAPA 218 The Foreign Intelligence Surveillance Act is
changed to all the FBI to conduct secret searches and surveillance
without probable cause so long as an agent says foreign intelligence
gives a brief window of opportunity to review some of these new
legal constructs at that time. Better still, the TIPS program,
designed to turn Americans into voluntary spies on their friends,
neighbors and coworkers has been stalled by legislation and
outrage of the public.
And acting on proposals by Oregon's own Ron Wyden,
the Senate has put on hold the Total Information Act. This act
if ever initiated would create an enormous national data base
wherein any transaction of any kind would be collected into a
giant information bank to be used to detect patterns of terrorism
or criminality. Every credit or debit card use, airline ticket, traffic
summons, bills paid or unpaid, credit history, school record, birth
certificate, Social Security account, employment record and
anything else you care to imagine may be grist for this Brobidin-
agian mill's work of making every act by every American part of
a permanent criminal investigation.
When 9/11 occurred, a wise man I know said that this
may actually be the chance the USA has needed to waken the
rank and file American from the dark slumber of complacency.
If any good can come of this tangle of imperial aggression and
violent response, then it may be that the U.S. citizen will be
roused to attention and action, and that once more we can be
a leader of world peace rather than the newest in a string of
aggressor powers.
Louis Alvis lives on a fish boat in Astoria. A few years
back, before moving to Portland for awhile, he was renowned
as “The Volunteer" on KMUN-FM. He wishes to thank the
Electronic Freedom Foundation, the American Civil Liberties
Union, the Bill of Rights Defense Committee, Fairness &
Accuracy in Media, “and the very good folks at the Astoria
Public Library for all their help and support."
is relevant or plays a part in an investigation. No evidence of a crime
is necessary
USAPA 206 allows the Foreign Intelligence Surveillance Court
(did you know we had one? Since 1978) to secretly authorize taps of
any device suspected of ever being used by a terrorist even if now in
use by another person Public phones, library computers, internet hubs
— if a terrorist might have used it, it can be searched or tapped without
court order or warrant.
USAPA 213: Your home may now be searched without your
knowledge Also the government does not have to let you look at any
warrant it may have Previously, search warrants were to be shown to
a householder before a search was under-taken Now law enforcement
agents do not even have to let you know that a search has taken place
USAPA 215 allows any FBI agent down to Assistant Special
Agent in Charge to request any item or information deemed relevant to
an investigation. Judges may not refuse such requests. This effectively
transfers power from the judicial branch of government to the executive
branch in clear violation of Constitutional checks and balances
USAPA 411: This lets the U.S. Attorney General to declare
any foreign or domestic group that has used violence as "terrorist". At
first glance this seems reasonable but would include any protest that
harms property as violence This would have allowed the entire WTO
protest operation to be declared a terrorist organization because of the
reprehensible acts against property by a few persons Those who loose
animals from tests and experiments? Terrorist. This and other sections
could even consider graffiti as terrorist violence under the vague
usages that are suggested
AMENDMENT VI
In all criminal prosecutions, the accused shall enjoy the right
to a speedy and public trial, by an impartial jury of the State and district
wherein the crime shall have been committed and to be informed
of the nature and cause of the accusation, to be confronted with the
witnesses against him; to have compulsory process for obtaining
witnesses in his favor, and to have the Assistance of Counsel for his
defense
USAPA 412 reduces the standard of "probable cause" as
regards foreign nationals overriding habeus corpus or judicial review
Most of us are not foreign nationals, but it does open the door,
providing legal precedence for the reductions of previous standards
A presidential order allows the attorney general, defense
secretary and CIA director to label citizens and non-citizens as
"enemy combatants," placing them in military custody, holding
them in detention indefinitely, interrogating them and denying them
communication with outsiders or judicial review "Due Process" is
overridden for such persons The same presidential order allows
military tribunals at the president's discretion
As noted in paragraphs above, Bureau of Prisons Emergency
Surveillance order allows confidential communications between
attorney and client are liable to be tapped, taped and used as evidence
even when no guilt has been established
-Louis Alvis