Counterbias: Security or Just Criminalization Under a Different Name?

Security or Just Criminalization Under a Different Name?

October 5 2004
Counterbias.com
by Jack Dalton

While attention is focused on the unmitigated disaster the Bush/Cheney war of choice in Iraq has caused, the economy is headed for big trouble as this "war" has caused massive increases in the nations debt load. Additionally, the knee-jerk response by congress with the so-called "Patriot Act" has accomplished nothing in terms of securing the nation. What it has done is heap more criminal law on an already redundant body of criminal law. Criminalization over security, pure and simple.

That there are bad people in the world goes without saying. That there are terrorists who see blowing up innocent people as a viable tactic, for whatever reason, also goes without saying. That there are within our own governing body those who are essentially of the same unyielding, absolutism, black-and-white beliefs as those they--Bush, Cheney, Ashcroft, DeLay, Frist just to mention the "fab five"-label as "terrorists" becomes more clear with each passing day.

That the "laws" they keep passing in congress have little, if anything at all, to do with "securing the homeland" as much as they do with "securing the citizens" is also becoming more clear with each passing day, and each new "law."

There has not been one person whom I have talked with, or read-right-wing, left-wing, or center-who is not concerned with the safety of this nation, and us, its citizens, myself included.

What is being imposed upon us and the nation, however, is not the increased security of the nation's infrastructure-railroads, ports of entry, chemical plants and nuclear facilities, etc.-it is instead the creation of more criminal law and punishment, and redundant laws at that.

What BushCo and its extreme right compatriots in congress have bestowed upon us, the people of this nation, under the guise of "homeland security," is a string of laws, starting with the so-called "Patriot Act," which have nothing to do with securing the homeland, and everything to do with "securing" the population.

What we have is "criminalization" over security.

It didn't take much time after the enactment of the "Patriot Act" for people and communities to recognize the inherent dangers in the "Act" and stand in open opposition to it. So when congress drafted "Patriot Act ll" the public's outcry was too great for even the right-wing nuts in congress to ignore-that was May 2003.

But, all was not well in the valley, no ho ho ho's, for just a few short months after Patriot ll was laid to rest, a draft of the "Victory Act" was leaked to the press, though it received little attention from "mainstream" media. This would have taken the Patriot Act to a new level, creating entirely new classes of terrorism in the guise of "narco-terrorism."

Additionally, the definition of terrorism has been expanded to include "domestic terrorist" the definition of which is so broad that anyone, anywhere, at anytime could be arrested for nothing more than peaceful public protest. Its application could be very arbitrary and capricious-criminalization over security complete with the tools to shut down political dissent. "Laws" have always been a resource for tyrants to use against its own people, this nation is no different.

Now, once again another member of the Bush Brigade, Sen. Ron Kyle, has a bill to build once again on the Patriot Act. These people just will not quit. This one has a total of 43 new crimes punishable by the death penalty.

Before going any further, here is a list of some of the redundant criminal laws posing as anti-terrorist laws, thanks to the work and research at the Bill of Rights Defense Committee:

H.R. 2417-"Intelligence Authorization Act for Fiscal Year 2004: This bill passed both houses of congress. Most of its details are secret including the bills estimated costs. By all accounts it will somewhere around $40 billion.

H.R. 3439-Joint Terrorism Task Force Enhancement Act of 2003: If passed it would promote the exchange of personnel between the federal and local law enforcement and intelligence agencies.

H.R. 3179-Anti-Terrorism Intelligence Tools Improvement Act of 2003: If passed it would provide for new penalties for violating non-disclosure provisions of so-called "national security" letters.

H.R. 3037-Anti-Terrorism Tools Enhancement Act: This will authorize the Bush cabal to issue subpoenas without having to show probable cause.

H.R. 3040-Pretrial Detention and Lifetime Supervision of Terrorists Act: This bill ignores the right of bail as granted by the 8th amendment of the U.S. Constitution.

H.R. 2671-CLEAR Act (Clear Law Enforcement for Criminal Alien Removal): If passed this bill would undermine community policing and ultimately would prevent immigrants from coming forward to report crimes.

S. 2679-Tools to Fight Terrorism Act of 2004: This is a current bill in the Senate and was introduced by Sen. Ron Kyle. The provisions of this bill would do nothing but further the demolition of our civil liberties. It increases laws aimed at "criminals" and also ups the death penalty to include 43 new "categories" under which the death penalty may be imposed. Almost all other industrialized nations have dropped the death penalty and due to this, are reticent to extradite back to the U.S. those that may have the death penalty imposed on them. This bill will further alienate us from the rest of the civilized world.

S. 1906-Homeland Security Enhancement Act or 2003: This was introduced by Sen. Jeff Sessions as a companion to the CLEAR Act.

The Victory Act-The Vital Interdiction of Criminal Terrorist Organizations Act: Among other things, such as creating an entirely new category of "terrorists" such as "narco-terrorist, this bill would make even simple drug possession a "terrorist" offense.

These bills do nothing in terms of creating a more secure nation-they do, however, have everything to do with creating an environment that will enable this nation's governing body greater ease in squashing political debate and dissent.

Every one of these pieces of legislation will have the effect of allowing the techniques of espionage to be used on the entire American population. Along with all the "bills" over the past three years the Posse Comitatus Act has been modified so as to now allow our military to act as police; the CIA has been given the authority to now operate within the country. Does anyone else remember COINTELPRO from years ago? Domestic counter intelligence program-directed at U.S. citizens by the government with the purpose to shut down political discourse by citizens exercising their constitutional rights to redress their government.

What we have today is worse, much worse. Now laws are passed "legalizing" the destruction of our constitution and civil rights.

In short, these new laws we are being visited with, having imposed upon us, the citizens of this nation, have absolutely nothing what-so-ever to do with securing this nations infrastructure, its rail system, ports of entry, air cargo and airlines, etc. They have, however, everything to do with increased invasion of privacy and the ability of government to spy on every aspect of everyone's life.

All of these bills, laws, etc. will do nothing less than create a society in which the government under the guise of fighting "terrorism" will be able to "investigate" everyone in the country so Ashcroft and company can "ferret" out all the "freedom hating terrorists." With the new and improved definition of terrorist so broad it could be applied to virtually anyone, anywhere, at any time.

We do not need a governing body, BushCo, creating new crimes and new punishments which will in no way improve the internal security of this nation. Instead of creating new crimes, BushCo and congress should be addressing some real security deficiencies.

There are enough criminal laws on the books now without piling one redundant criminal law upon another. What these new laws do provide however, is increased levels of secrecy under which Bush and company may operate. And that is a must for Bush who sees himself as some big macho, "protective father" figure who knows best and desires all of us to just sit down, shut up, do what we are told without complaint; trust and obey as "father knows best."

The Bush Brigade currently controls the executive branch, the legislative branch and is quickly gaining control of the judiciary through those Bush has placed on the federal courts. All of those that Bush has appointed to high government positions of authority have much in common with Bush, they are all of the same mindset and ideology; almost all have also come out of corporate America or were corporate lobbyists. These are the people forming this new body of law under the guise of fighting terrorism.

Tom DeLay, the chief thug and criminal in the House of Representatives, earlier this year stated in no uncertain of terms what we may look forward to: "With a republican majority in the house, 5 more seats in the senate and George W. Bush back in the White House, you ain't seen nothing yet."

Sources, references and additional information:

Jack Dalton is a disabled Vietnam veteran and a writer that lives in Portland, Oregon. He has a website and a blog, and can be reached at jack_dalton@ommp.org.