Bush men have obviously been pondering the imposition of Permanent
National Emergency for as long as they have been planning Permanent
War. The discovery of a draft of the so-called Patriot Act II,
rushed forward by Bush's national security conspirators in January
for review by their allies on Capitol Hill, presents the public
with a warning of - but not a defense against - a cunningly
devised blueprint for the modern, total police state. Combined
with the Patriot I, enacted immediately after September 11 by
a nearly unanimous Congress, and through gross distortions of
existing conspiracy laws plus the catch-22s of secrecy, Patriot
II is the perfect tool to "disappear" any number of
human beings for any reason to any place for any length of time.
II destroys the very meaning of citizenship, allowing its arbitrary
revocation based on secret evidence, thereby rendering the Constitution
a nullity. It is a careful design to abolish the rule of law.
It may not
matter whether Patriot II becomes law or not. The document is
less a draft bill than a plan and guidance for a kind of martial
law - with the "law" part left out. The editors of
Harper's Weekly Review for February 10, craftsmen of encapsulation,
boiled the abomination down to its essentials:
of the Justice Department's proposed expansion of the USA
Patriot Act was leaked to the Center for Public Integrity.
The draft bill, entitled the Domestic Security Enhancement
Act of 2003, contains proposals to radically expand the authority
of law-enforcement agencies, to increase the surveillance
of American citizens, and to reduce or eliminate judicial
oversight over that surveillance; it would also authorize
secret arrests, create a DNA database of "suspected terrorists,"
create new death penalties, and empower the government to
strip American citizenship from anyone who "provides
material support" to a terrorist organization.
axe man comes for your head, lesser extremities diminish in
importance. Patriot II is a plan to decapitate the Constitution
by removing the impediment of citizenship rights, without which
the Bill of Rights is just a piece of paper. Yale Law professor
Jack M. Balkin caught his breath long enough to register his
astonishment in a February
18 article for the Los Angeles Times.
the most troubling section would strip U.S. citizenship from
anyone who gives "material support" to any group
that the attorney general designates as a terrorist organization.
Citizenship is the most basic right of all Americans, one
from which other rights - such as the right to vote, to participate
in politics and even to live in this country - all flow. Under
our Constitution, Americans can't be deprived of their citizenship
and the rights that go with it unless they voluntarily give
would get around that constitutional guarantee through a legal
loophole. It presumes that anyone who provides "material
support" to an organization on the attorney general's
blacklist - even if that support is otherwise lawful - has
intended to relinquish citizenship and therefore may be immediately
support" is whatever "they" claim it to be. "They"
don't have to tell you what support you gave, or to whom. Secret
arrest means no one knows you were taken. Secret charges mean
you will not know what to defend yourself against, and since
you have disappeared....
of Patriot II was supposed to be a secret, too, concealed from
all but the politically reliable few. Yet legislation is public
business, so what is the point of secrecy?
II is not meant as legislation at all. It cannot possibly be
enacted under even what passes for "normal" conditions
of life, today, and would never stand judicial review. No, Patriot
II is, as we previously described it, a "plan and guidance"
for the Bush security apparatus, to be acted upon without legislative
approval at a time and under pretexts chosen by the administration.
Once full-scale hostilities in Iraq or elsewhere begin, or immediately
upon an attack on the United States (or "discovery"
of plots for attacks, or staged attacks) the Bush men are prepared
to proceed as if Patriot II is law, under emergency decree.
without a decree. The minds that devised this law/plan/guide
have every intention of using the powers contained therein.
The document was rushed to legislative members of the cabal
for informational purposes, in haste to keep up with the movement
of men and arms to the Middle East and the universe of pretexts
that arise with war.
We now know
what Bush's intentions are: to abolish the legal foundations
of civil society. We are about to be violated in ways that only
a savage could imagine. The Time of Disappeared People is near
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