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 C R I M E S    A G A I N S T    H U M A N I T Y

The 9-11 bombings Are Not Acts of War

The 9-11 bombings Are Crimes Against Humanity

the focus is:
Also known as the
"Domestic Security Enhancement Act of 2003"

See Also: USA `Patriot' Act of 2001


you are not going to believe who I hung out with last night.
        Bob Barr from Atlanta and his wife.
        Yes, the four-termer republican.
        The Dossier Project: Jan 14-18, 2004
I guess that was ok after protesting Oliver North all morning and the night before, eh?

        I didn't realize how big of a rift there was between conservatives and neocons doing this whole hitler endrun.
        If Bob Barr is scared, I am too.
        He says all of Patriot II is going to be passed a piece at a time this year before people realize all their rights have gone away and fears it's already too late.
        Anyhew, he's researching, outing and exposing this whole PNAC group, and they're attacking him back pretty heavily.

--Marco Capelli, "ATI #377," Activist Times, Inc, 1/20/04

"On February 7 [2003], Charles Lewis, head of the Washington-based Center for Public Integrity, received a secret, but not classified, Justice Department draft of a bill that would expand the already unprecedented government powers to restrict civil liberties authorized by the USA Patriot Act. This new bill is called the Domestic Security Enhancement Act of 2003. Lewis, in an act of patriotism -- since this still is a constitutional democracy -- put the 86-page draft on the center's Web site . . . Section 201 would overturn a federal court decision that ordered the Bush administration to reveal the identities of those it has detained (imprisoned) since 9-11. . . . Under the proposed Ashcroft bill reversing that court decision, for the first time in U.S. history, secret arrests will be specifically permitted. . . . In Argentina, those secretly taken away were known as `the disappeared.'

[The phenomenon of disappearances is considered a crime against humanity by the Statute for the International Criminal Court: "`Enforced disappearance of persons' means the arrest, detention or abduction of persons by, or with the authorization, support or acquiescence of, a State or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons, with the intention of removing them from the protection of the law for a prolonged period of time."]

        "Section 501 of the blandly titled Domestic Security Enhancement Act of 2003, an American citizen can be stripped of citizenship if he or she `becomes a member of, or provides material support to, a group that the United States has designated as a ``terrorist organization,'' if that group is engaged in hostilities against the United States.' . . . What this section of the bill actually means is that if you provide `material support' to an organization by sending a check for its legal activities -- not knowing that it has been designated a `terrorist' group for other things it does -- you can be stripped of your citizenship and be detained indefinitely [or deported to any country that agreed to take you] as an alien. While South Africa was ruled by an apartheid government, certain activities of the African National Congress were categorized as `terrorist,' but many Americans provided support to the legal anti-apartheid work of that organization.
        "Under Section 302 of John Ashcroft's design for our future during the indefinite war on terrorism, there is another change in our legal system. Under current law, the FBI can collect DNA identification records of persons convicted of various crimes. But under the USA Patriot Act II, the `Attorney General or Secretary of Defense' will be able to `collect, analyze, and maintain DNA samples' of "suspected terrorists.' And as Georgetown law professor David Cole notes -- `mere association' will be enough to involve you with suspected terrorist groups. What does `association' mean? For one thing, `material support,' under which you could lose your citizenship."

--Nat Hentoff, "Ashcroft Out of Control - Ominous Sequel
to USA Patriot Act
," Village Voice, 2/28/03

    | Top |

    Local copy of `Patriot' Act II
    aka the "Domestic Security Enhancement Act of 2003"
    draft - 9 January 2003:   HTML   |   text-only
    See Also: Analysis of Patriot Act II

    All draft sections are hyperlinked to their analysis portion (which links to the Bill's text section) and indented to better approximate their appearance in the original pdf document:

      Title I -- Enhancing National Security Authorities
      Subtitle A: Foreign Intelligence Surveillance Act Amendments
      Sec. 101 Individual Terrorists as Foreign Powers.
      Sec. 102 Clandestine Intelligence Activities by Agent of a Foreign Power.
      Sec. 103 Strengthening Wartime Authorities Under FISA.
      Sec. 104 Strengthening FISA's Presidential Authorization Exception.
      Sec. 105 Law Enforcement Use of FISA Information.
      Sec. 106 Defense of Reliance on Authorization.
      Sec. 107 Pen Registers in FISA Investigations.
      Sec. 108 Appointed Counsel in Appeals to FISA Court of Review.
      Sec. 109 Enforcement of Foreign Intelligence Surveillance Court Orders.
      Sec. 110 Technical Correction Related to the USA PATRIOT Act.
      Sec. 111 International Terrorist Organizations as Foreign Powers.
      Subtitle B: Enhancement of Law Enforcement Investigative Tools
      Sec. 121 Definition of Terrorist Activities.
      Sec. 122 Inclusion of Terrorist Activities as Surveillance Predicates.
      Sec. 123 Extension of Authorized Periods Relating to Surveillance and Searches in Investigations of Terrorist Activities.
      Sec. 124 Multi-function Devices.
      Sec. 125 Nationwide Search Warrants in Terrorism Investigations.
      Sec. 126 Equal Access to Consumer Credit Reports.
      Sec. 127 Autopsy Authority.
      Sec. 128 Administrative Subpoenas in Terrorism Investigations.
      Sec. 129 Strengthening Access to and Use of Information in National Security Investigations.

      Title II -- Protecting National Security Information
      Sec. 201 Prohibition of Disclosure of Terrorism Investigation Detainee Information.
      Sec. 202 Distribution of "Worst Case Scenario" Information.
      Sec. 203 Information Relating to Capitol Buildings.
      Sec. 204 Ex Parte Authorizations Under Classified Information Procedures Act.
      Sec. 205 Exclusion of United States Security Requirements from Gross Income of Protected Officials.
      Sec. 206 Grand Jury Information in Terrorism Cases.

      Title III -- Enhancing Investigations of Terrorist Plots
      Subtitle A: Terrorism Identification Database
      Sec. 301 Short Title.
      Sec. 302 Collection and Use of Identification Information from Suspected Terrorists and Other Sources.
      Sec. 303 Establishment of Database to Facilitate Investigation and Prevention of Terrorist Activities.
      Sec. 304 Definitions.
      Sec. 305 Existing Authorities.
      Sec. 306 Conditions of Release.
      Subtitle B: Facilitating Information Sharing and Cooperation
      Sec. 311 State and Local Information Sharing.
      Sec. 312 Appropriate Remedies with Respect to Law Enforcement Surveillance Activities.
      Sec. 313 Disclosure of Information.
      Subtitle C: Facilitating International Terrorism Investigations
      Sec. 321 Authority to Seek Search Warrants and Orders to Assist Foreign States.
      Sec. 322 Extradition Without Treaties and for Offenses Not Covered by an Existing Treaty.

      Title IV -- Enhancing Prosecution and Prevention of Terrorist Crimes
      Subtitle A: Increased Penalties and Protections Against Terrorist Acts
      Sec. 401 Terrorism Hoaxes.
      Sec. 402 Providing Material Support to Terrorism.
      Sec. 403 Weapons of Mass Destruction.
      Sec. 404 Use of Encryption to Conceal Criminal Activity.
      Sec. 405 Presumption for Pretrial Detention in Cases Involving Terrorism, Firearms, Explosives, or Serious Violent Felonies.
      Sec. 406 "Mass Transportation Vehicle" Technical Correction.
      Sec. 407 Acts of Terrorism Transcending National Boundaries.
      Sec. 408 Postrelease Supervision of Terrorists.
      Sec. 409 Suspension, Revocation, and Denial of Certificates for Civil Aviation or National Security Reasons.
      Sec. 410 No Statute of Limitations for Terrorism Offenses.
      Sec. 411 Penalties for Terrorist Murders.
      Subtitle B: Incapacitating Terrorism Financing
      Sec. 421 Increased Penalties for Terrorism Financing.
      Sec. 422 Money Laundering Through Hawalas.
      Sec. 423 Suspension of Tax-Exempt Status of Designated Terrorist Organizations.
      Sec. 424 Denial of Federal Benefits to Terrorists.
      Sec. 425 Corrections to Financing of Terrorism Statute.
      Sec. 426 Terrorism-Related Specified Activities for Money Laundering.
      Sec. 427 Assets of Persons Committing Terrorist Acts Against Foreign Countries or International Organizations.
      Sec. 428 Technical and Conforming Amendments Relating to the USA PATRIOT ACT.

      Title V -- Enhancing Immigration and Border Security
      Sec. 501 Expatriation of Terrorists.
      Sec. 502 Enhanced Criminal Penalties for Violations of Immigration and Nationality Act.
      Sec. 503 Inadmissibility and Removability of National Security Aliens or Criminally Charged Aliens.
      Sec. 504 Expedited Removal of Criminal Aliens.
      Sec. 505 Clarification of Continuing Nature of Failure-to-Depart Offense, and Deletion ofProvisions on Suspension of Sentence.
      Sec. 506 Additional Countries of Removal.

"Against a backdrop of perpetual war, it's hard to imagine that Congress will put up much of a fuss over Patriot II. Who could vote against better domestic security? Here are some of the more unsettling proposals:

"At no point in this sequence is the Bush/Ashcroft notion of legal process distinguishable from Hitler, Stalin, Mao, Saddam, or any other despot one cares to name. The only difference is the frequency of usage, and that's the next step: particularly given the bellicosity of Bush foreign policy, soon to be on display in Iraq and Palestine, future major terrorist crimes on American soil are a virtual certainty. Israel, a much smaller, much more militarized, and far more experienced country, cannot prevent them; there is no reason to expect the U.S. can, either.
        "When that happens, the public and political outrage will be the impetus that allows these sweeping measures [of PATRIOT II] to be implemented more broadly. The laws will already be on the books and found meritous, more often than not, by 20 years of conservative court appointees. . . .
        "All in all, the only individuals whose behavior is earning them the title of people officially at war with the United States -- and all it has stood for -- work in the Bush Administration itself. The Congressional Republicans, and Democrats, who might well support such legislation deserve to be deluged by public outcry. Tell them it's an affront to liberty and democracy. Tell them it's unpatriotic. Tell them the Domestic Surveillance Enhancement Act of 2003 is positively Un-American."

--Geov Parrish, "The Police State Enhancement Act of 2003,", 2/10/03

Crimes Against Humanity contents:
List of Titles
Further Reading On the Web

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