TOTAL POLICE STATE TAKEOVER
The Secret Patriot Act II Destroys What Is Left of American Liberty
A Brief Analysis of the Domestic Security Enhancement Act 2003, Also Known as Patriot Act II
By Alex Jones
(Posted Feb 10, 2003)
Congressman Ron Paul (R-Tex) told the Washington Times that no member of Congress was allowed to read the first Patriot Act that was passed by the
House on October 27, 2001. The first Patriot Act was universally decried by civil libertarians and Constitutional scholars from across the political
spectrum. William Safire, while writing for the New York Times, described the first Patriot Actís powers by saying that President Bush was ěseizing
On February 7, 2003 the Center for Public Integrity, a non-partisan public interest think-tank in DC, revealed the full text of the Domestic Security
Enhancement Act of 2003. The classified document had been leaked to them by an unnamed source inside the Federal government. The document consisted of
a 33-page section by section analysis of the accompanying 87-page bill.
*Note: On February 10, 2003 I discovered that not only was there a house version that had been covertly brought to Hastert, but that many provisions
of the now public Patriot Act II had already been introduced as pork barrel riders on Senate Bill S. 22. Dozens of subsections and even the titles of
the subsections are identical to those in the House version. This is very important because it catches the Justice Department in a bald-faced lie. The
Justice Department claimed that the secret legislation brought into the House was only for study, and that at this time there was no intention to try
and pass it. Now upon reading S. 22, it is clear that the leadership of the Senate is fully aware of the Patriot Act II, and have passed these riders
out of their committees into the full bill. I spent two hours scanning through S. 22 and, let me tell you, it is a nightmare for anyone who loves
liberty. It even contains the Our Lady of Peace Act that registers all gun owners. It bans the private sale of all firearms, creates a Federal
ballistics database, and much more.
The bill itself is stamped ěConfidential ń Not for Distribution.î Upon reading the analysis and bill, I was stunned by the scientifically crafted
tyranny contained in the legislation. The Justice Department Office of Legislative Affairs admits that they had indeed covertly transmitted a copy of
the legislation to Speaker of the House Dennis Hastert, (R-Il) and the Vice President of the United States, Dick Cheney as well as the executive heads
of federal law enforcement agencies.
It is important to note that no member of Congress was allowed to see the first Patriot Act before its passage, and that no debate was tolerate by the
House and Senate leadership. The intentions of the White House and Speaker Hastert concerning Patriot Act II appear to be a carbon copy replay of the
events that led to the unprecedented passage of the first Patriot Act.
There are two glaring areas that need to be looked at concerning this new legislation:
1. The secretive tactics being used by the White House and Speaker Hastert to keep even the existence of this legislation secret would be more at home
in Communist China than in the United States. The fact that Dick Cheney publicly managed the steamroller passage of the first Patriot Act, insuring
that no one was allowed to read it and publicly threatening members of Congress that if they didnít vote in favor of it that they would be blamed for
the next terrorist attack, is by the White Houseís own definition terrorism. The move to clandestinely craft and then bully passage of any legislation
by the Executive Branch is clearly an impeachable offence.
2. The second Patriot Act is a mirror image of powers that Julius Caesar and Adolf Hitler gave themselves. Whereas the First Patriot Act only gutted
the First, Third, Fourth and Fifth Amendments, and seriously damaged the Seventh and the Tenth, the Second Patriot Act reorganizes the entire Federal
government as well as many areas of state government under the dictatorial control of the Justice Department, the Office of Homeland Security and the
FEMA NORTHCOM military command. The Domestic Security Enhancement Act 2003, also known as the Second Patriot Act is by its very structure the
definition of dictatorship.
I challenge all Americans to study the new Patriot Act and to compare it to the Constitution, Bill of Rights and Declaration of Independence. Ninety
percent of the act has nothing to do with terrorism and is instead a giant Federal power-grab with tentacles reaching into every facet of our society.
It strips American citizens of all of their rights and grants the government and its private agents total immunity.
Here is a quick thumbnail sketch of just some of the draconian measures encapsulated within this tyrannical legislation:
SECTION 501 (Expatriation of Terrorists) expands the Bush administrationís ěenemy combatantî definition to all American citizens who ěmayî have
violated any provision of Section 802 of the first Patriot Act. (Section 802 is the new definition of domestic terrorism, and the definition is ěany
action that endangers human life that is a violation of any Federal or State law.î) Section 501 of the second Patriot Act directly connects to Section
125 of the same act. The Justice Department boldly claims that the incredibly broad Section 802 of the First USA Patriot Act isnít broad enough and
that a new, unlimited definition of terrorism is needed.
Under Section 501 a US citizen engaging in lawful activities can be grabbed off the street and thrown into a van never to be seen again. The Justice
Department states that they can do this because the person ěhad inferred from conductî that they were not a US citizen. Remember Section 802 of the
First USA Patriot Act states that any violation of Federal or State law can result in the ěenemy combatantî terrorist designation.
SECTION 201 of the second Patriot Act makes it a criminal act for any member of the government or any citizen to release any information concerning
the incarceration or whereabouts of detainees. It also states that law enforcement does not even have to tell the press who they have arrested and
they never have to release the names.
SECTION 301 and 306 (Terrorist Identification Database) set up a national database of ěsuspected terroristsî and radically expand the database to
include anyone associated with suspected terrorist groups and anyone involved in crimes or having supported any group designated as ěterrorist.î These
sections also set up a national DNA database for anyone on probation or who has been on probation for any crime, and orders State governments to
collect the DNA for the Federal government.
SECTION 312 gives immunity to law enforcement engaging in spying operations against the American people and would place substantial restrictions on
court injunctions against Federal violations of civil rights across the board.
SECTION 101 will designate individual terrorists as foreign powers and again strip them of all rights under the ěenemy combatantî designation.
SECTION 102 states clearly that any information gathering, regardless of whether or not those activities are illegal, can be considered to be
clandestine intelligence activities for a foreign power. This makes news gathering illegal.
SECTION 103 allows the Federal government to use wartime martial law powers domestically and internationally without Congress declaring that a state
of war exists.
SECTION 106 is bone-chilling in its straightforwardness. It states that broad general warrants by the secret FSIA court (a panel of secret judges set
up in a star chamber system that convenes in an undisclosed location) granted under the first Patriot Act are not good enough. It states that
government agents must be given immunity for carrying out searches with no prior court approval. This section throws out the entire Fourth Amendment
against unreasonable searches and seizures.
SECTION 109 allows secret star chamber courts to issue contemp charges against any individual or corporation who refuses to incriminate themselves or
others. This sections annihilate the last vestiges of the Fifth Amendment.
SECTION 110 restates that key police state clauses in the first Patriot Act were not sunsetted and removes the five year sunset clause from other
subsections of the first Patriot Act. After all, the media has told us: ěthis is the New America. Get used to it. This is forever.î
SECTION 111 expands the definition of the ěenemy combatantî designation.
SECTION 122 restates the governmentís newly announced power of ěsurveillance without a court order.î
SECTION 123 restates that the government no longer needs warrants and that the investigations can be a giant dragnet-style sweep described in press
reports about the Total Information Awareness Network. One passage reads, ěthus the focus of domestic surveillance may be less precise than that
directed against more conventional types of crime.î
*Note: Over and over again, in subsection after subsection, the second Patriot Act states that its new Soviet-type powers will be used to fight
international terrorism, domestic terrorism and other types of crimes. Of course the government has already announced in Section 802 of the first USA
Patriot act that any crime is considered domestic terrorism.
SECTION 126 grants the government the right to mine the entire spectrum of public and private sector information from bank records to educational and
medical records. This is the enacting law to allow ECHELON and the Total Information Awareness Network to totally break down any and all walls of
The government states that they must look at everything to ědetermineî if individuals or groups might have a connection to terrorist groups. As you
can now see, you are guilty until proven innocent.
SECTION 127 allows the government to takeover coronersí and medical examinersí operations whenever they see fit. See how this is like Bill Clintonís
special medical examiner he had in Arkansas that ruled that people had committed suicide when their arms and legs had been cut off.
SECTION 128 allows the Federal government to place gag orders on Federal and State Grand Juries and to take over the proceedings. It also disallows
individuals or organizations to even try to quash a Federal subpoena. So now defending yourself will be a terrorist action.
SECTION 129 destroys any remaining whistleblower protection for Federal agents.
SECTION 202 allows corporations to keep secret their activities with toxic biological, chemical or radiological materials.
SECTION 205 allows top Federal officials to keep all their financial dealings secret, and anyone investigating them can be considered a terrorist.
This should be very useful for Dick Cheney to stop anyone investigating Haliburton.
SECTION 303 sets up national DNA database of suspected terrorists. The database will also be used to ěstop other unlawful activities.î It will share
the information with state, local and foreign agencies for the same purposes.
SECTION 311 federalizes your local police department in the area of information sharing.
SECTION 313 provides liability protection for businesses, especially big businesses that spy on their customers for Homeland Security, violating their
privacy agreements. It goes on to say that these are all preventative measures ń has anyone seen Minority Report? This is the access hub for the Total
Information Awareness Network.
SECTION 321 authorizes foreign governments to spy on the American people and to share information with foreign governments.
SECTION 322 removes Congress from the extradition process and allows officers of the Homeland Security complex to extradite American citizens anywhere
they wish. It also allows Homeland Security to secretly take individuals out of foreign countries.
SECTION 402 is titled ěProviding Material Support to Terrorism.î The section reads that there is no requirement to show that the individual even had
the intent to aid terrorists.
SECTION 403 expands the definition of weapons of mass destruction to include any activity that affects interstate or foreign commerce.
SECTION 404 makes it a crime for a terrorist or ěother criminalsî to use encryption in the commission of a crime.
SECTION 408 creates ělifetime paroleî (basically, slavery) for a whole host of crimes.
SECTION 410 creates no statute of limitations for anyone that engages in terrorist actions or supports terrorists. Remember: any crime is now
considered terrorism under the first Patriot Act.
SECTION 411 expands crimes that are punishable by death. Again, they point to Section 802 of the first Patriot Act and state that any terrorist act or
support of terrorist act can result in the death penalty.
SECTION 421 increases penalties for terrorist financing. This section states that any type of financial activity connected to terrorism will result to
time in prison and $10-50,000 fines per violation.
SECTIONS 427 sets up asset forfeiture provisions for anyone engaging in terrorist activities.
There are many other sections that I did not cover in the interest of time. The American people were shocked by the despotic nature of the first
Patriot Act. The second Patriot Act dwarfs all police state legislation in modern world history.
Usually, corrupt governments allow their citizens lots of wonderful rights on paper, while carrying out their jackbooted oppression covertly. From
snatch and grab operations to warantless searches, Patriot Act II is an Adolf Hitler wish list.
You can understand why President Bush, Dick Cheney and Dennis Hastert want to keep this legislation secret not just from Congress, but the American
people as well. Bill Allison, Managing Editor of the Center for Public Integrity, the group that broke this story, stated on my radio show that it was
obvious that they were just waiting for another terrorist attack to opportunistically get this new bill through. He then shocked me with an insightful
comment about how the Federal government was crafting this so that they could go after the American people in general. He also agreed that the FBI has
been quietly demonizing patriots and Christians and ěthose who carry around pocket Constitutions.î
I have produced two documentary films and written a book about what really happened on September 11th. The bottom line is this: the
military-industrial complex carried the attacks out as a pretext for control. Anyone who doubts this just hasnít looked at the mountains of hard
Of course, the current group of white collar criminals in the White House might not care that weíre finding out the details of their next phase.
Because, after all, when smallpox gets released, or more buildings start blowing up, the President can stand up there at his lectern suppressing a
smirk, squeeze out a tear or two, and tell us that ěSee I was right. I had to take away your rights to keep you safe. And now itís your fault that all
of these children are dead.î From that point on, anyone who criticizes tyranny will be shouted down by the paid talking head government mouthpieces in
the mainstream media.
You have to admit, itís a beautiful script. Unfortunately, itís being played out in the real world. If we donít get the word out that government is
using terror to control our lives while doing nothing to stop the terrorists, we will deserve what we get - tyranny. But our children wonít deserve
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