[Clips] Land Mine in Patriot Act Provision
--- begin forwarded text Delivered-To: clips@philodox.com Date: Sun, 12 Feb 2006 18:47:47 -0500 To: Philodox Clips List <clips@philodox.com> From: "R. A. Hettinga" <rah@shipwright.com> Subject: [Clips] Land Mine in Patriot Act Provision Reply-To: rah@philodox.com Sender: clips-bounces@philodox.com <http://newsmax.com/scripts/printer_friendly.pl?s=pf&page=http://newsmax.com/archives/articles/2006/1/26/101607.shtml> Reprinted from NewsMax.com Land Mine in Patriot Act Provision Paul Craig Roberts Thursday, Jan. 26, 2006 A provision in the "Patriot Act" creates a new federal police force with power to violate the Bill of Rights. You might think that this cannot be true, as you have not read about it in newspapers or heard it discussed by talking heads on TV. However, it is a looming reality. Go to House Report 109-333 - "USA PATRIOT Improvement and Reauthorization Act of 2005," and check it out for yourself. Sec. 605 states the following: "There is hereby created and established a permanent police force, to be known as the 'United States Secret Service Uniformed Division.'" This new federal police force is "subject to the supervision of the secretary of homeland security." The new police are empowered to "make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony." The new police are assigned a variety of jurisdictions, including "an event designated under Section 3056(e) of Title 18 as a special event of national significance," or SENS. "A special event of national significance" is neither defined nor does it require the presence of a "protected person" such as the president in order to trigger it. Thus, the administration, and perhaps the police themselves, can place the SENS designation on any event. Once a SENS designation is placed on an event, the new federal police are empowered to keep out and to arrest people at their discretion. The language conveys enormous discretionary and arbitrary powers. What is "an offense against the United States"? What are "reasonable grounds"? You can bet that the Alito-Roberts court will rule that it is whatever the executive branch says. The obvious purpose of the act is to prevent demonstrations at Bush-Cheney events. However, nothing in the language limits the police powers from being used only in this way. Like every law in the United States, this law also will be expansively interpreted and abused. It has dire implications for freedom of association and First Amendment rights. We can take for granted that the new federal police will be used to suppress dissent and break up opposition. The Brownshirts are now arming themselves with a Gestapo. Many naive Americans will write to me to explain that this new provision in the reauthorization of the "Patriot Act" is necessary to protect the president and other high officials from terrorists or from harm at the hands of angry demonstrators, "No one else will have anything to fear." Some will accuse me of being an alarmist, and others will say that it is unpatriotic to doubt the law's good intentions. Americans will write such nonsense despite the fact that the president and foreign dignitaries are already provided superb protection by the Secret Service. The naive will not comprehend that the president cannot be endangered by demonstrators at SENS when the president is not present. For many Americans, the light refuses to turn on. In Nazi Germany, did no one but the Jews have anything to fear from the Gestapo? By Stalin's time, Lenin and Trotsky had eliminated all members of the "oppressor class," but that did not stop Stalin from sending millions of "enemies of the people" to the Gulag. It is extremely difficult to hold even local police forces accountable. Who is going to hold accountable a federal police protected by Homeland Security and the president? -- ----------------- R. A. Hettinga <mailto: rah@ibuc.com> The Internet Bearer Underwriting Corporation <http://www.ibuc.com/> 44 Farquhar Street, Boston, MA 02131 USA "... however it may deserve respect for its usefulness and antiquity, [predicting the end of the world] has not been found agreeable to experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire' _______________________________________________ Clips mailing list Clips@philodox.com http://www.philodox.com/mailman/listinfo/clips --- end forwarded text -- ----------------- R. A. Hettinga <mailto: rah@ibuc.com> The Internet Bearer Underwriting Corporation <http://www.ibuc.com/> 44 Farquhar Street, Boston, MA 02131 USA "... however it may deserve respect for its usefulness and antiquity, [predicting the end of the world] has not been found agreeable to experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'
"You can bet that the Alito-Roberts court will rule that it is whatever the executive branch says." Yes, but what it will BE is whatever the lead thug says it is. Looks like I could be jailed for wearing Birkenstocks, or for not giving them a cut of my hard-earned crack dollars. Gettin' time to bum rush da show... -TD
From: "R. A. Hettinga" <rah@shipwright.com> To: cypherpunks@jfet.org Subject: [Clips] Land Mine in Patriot Act Provision Date: Sun, 12 Feb 2006 18:52:02 -0500
--- begin forwarded text
Delivered-To: clips@philodox.com Date: Sun, 12 Feb 2006 18:47:47 -0500 To: Philodox Clips List <clips@philodox.com> From: "R. A. Hettinga" <rah@shipwright.com> Subject: [Clips] Land Mine in Patriot Act Provision Reply-To: rah@philodox.com Sender: clips-bounces@philodox.com
Reprinted from NewsMax.com
Land Mine in Patriot Act Provision
Paul Craig Roberts
Thursday, Jan. 26, 2006
A provision in the "Patriot Act" creates a new federal police force with power to violate the Bill of Rights. You might think that this cannot be true, as you have not read about it in newspapers or heard it discussed by talking heads on TV. However, it is a looming reality.
Go to House Report 109-333 - "USA PATRIOT Improvement and Reauthorization Act of 2005," and check it out for yourself.
Sec. 605 states the following:
"There is hereby created and established a permanent police force, to be known as the 'United States Secret Service Uniformed Division.'"
This new federal police force is "subject to the supervision of the secretary of homeland security."
The new police are empowered to "make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony."
The new police are assigned a variety of jurisdictions, including "an event designated under Section 3056(e) of Title 18 as a special event of national significance," or SENS.
"A special event of national significance" is neither defined nor does it require the presence of a "protected person" such as the president in order to trigger it. Thus, the administration, and perhaps the police themselves, can place the SENS designation on any event.
Once a SENS designation is placed on an event, the new federal police are empowered to keep out and to arrest people at their discretion.
The language conveys enormous discretionary and arbitrary powers. What is "an offense against the United States"? What are "reasonable grounds"?
You can bet that the Alito-Roberts court will rule that it is whatever the executive branch says.
The obvious purpose of the act is to prevent demonstrations at Bush-Cheney events. However, nothing in the language limits the police powers from being used only in this way.
Like every law in the United States, this law also will be expansively interpreted and abused. It has dire implications for freedom of association and First Amendment rights. We can take for granted that the new federal police will be used to suppress dissent and break up opposition. The Brownshirts are now arming themselves with a Gestapo.
Many naive Americans will write to me to explain that this new provision in the reauthorization of the "Patriot Act" is necessary to protect the president and other high officials from terrorists or from harm at the hands of angry demonstrators, "No one else will have anything to fear." Some will accuse me of being an alarmist, and others will say that it is unpatriotic to doubt the law's good intentions.
Americans will write such nonsense despite the fact that the president and foreign dignitaries are already provided superb protection by the Secret Service.
The naive will not comprehend that the president cannot be endangered by demonstrators at SENS when the president is not present. For many Americans, the light refuses to turn on.
In Nazi Germany, did no one but the Jews have anything to fear from the Gestapo?
By Stalin's time, Lenin and Trotsky had eliminated all members of the "oppressor class," but that did not stop Stalin from sending millions of "enemies of the people" to the Gulag.
It is extremely difficult to hold even local police forces accountable. Who is going to hold accountable a federal police protected by Homeland Security and the president?
-- ----------------- R. A. Hettinga <mailto: rah@ibuc.com> The Internet Bearer Underwriting Corporation <http://www.ibuc.com/> 44 Farquhar Street, Boston, MA 02131 USA "... however it may deserve respect for its usefulness and antiquity, [predicting the end of the world] has not been found agreeable to experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire' _______________________________________________ Clips mailing list Clips@philodox.com http://www.philodox.com/mailman/listinfo/clips
--- end forwarded text
-- ----------------- R. A. Hettinga <mailto: rah@ibuc.com> The Internet Bearer Underwriting Corporation <http://www.ibuc.com/> 44 Farquhar Street, Boston, MA 02131 USA "... however it may deserve respect for its usefulness and antiquity, [predicting the end of the world] has not been found agreeable to experience." -- Edward Gibbon, 'Decline and Fall of the Roman Empire'
On 2006.02.12, at 18:52, R. A. Hettinga wrote:
A provision in the "Patriot Act" creates a new federal police force with power to violate the Bill of Rights. You might think that this cannot be true, as you have not read about it in newspapers or heard it discussed by talking heads on TV. However, it is a looming reality.
Go to House Report 109-333 - "USA PATRIOT Improvement and Reauthorization Act of 2005," and check it out for yourself.
Sec. 605 states the following:
"There is hereby created and established a permanent police force, to be known as the 'United States Secret Service Uniformed Division.'"
This new federal police force is "subject to the supervision of the secretary of homeland security."
The new police are empowered to "make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony."
The Secret Service Uniformed Division is not new (see http:// www.secretservice.gov/ud.shtml). You see them all over DC. I don't know a whole lot about police powers, but can't a police offer arrest anyone if he has probable cause the person has committed a crime? Perhaps "reasonable grounds to believe" is different, but if the author doesn't know about a branch of law enforcement that has been in existence since 1860, I don't have much trust in his other information. /jgt -- http://tamboli.cx/
participants (3)
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Jay Goodman Tamboli -
R. A. Hettinga -
Tyler Durden