smorgas at (no spam) board.com wrote:
On Sun, 01 Nov 2009 10:05:45 -0500, Beam Me Up Scotty
Then-Destroy-Everything at (no spam) Talk-n-dog.com> wrote:
Liberals were all so upset about Bush having Patriot act because it
would give Government too mush power to invade their privacy and run
their lives.
By doing it illegally by having no oversight, or legal basis for any of
it---spying on American citizens in direct contravention of the
constittution and established law.
Here is one section from the infamous Patriot Act as passed into law by
the US Congress in 2001 and expanded since.
Ask the Patriot Act, "who is a terrorist?" "Who is a criminal?"
Section 802 reads that YOU are a terrorist if the president or his
designee so declares.
Now ask the Patriot Act, "who is a criminal?"
Section 802 reads that YOU are a criminal if the president or his
designee so declares you a terrorist.
Note that this document specifies that a terrorist may be *any* person
so designated by the Secretary of State or the Attorney General OR,
*any* person suspected of violating any federal or state criminal law OR
*any* person suspected of actually or intending to, intimidate or coerce
any person.
In others words, any person suspected of a crime can be designated a
terrorist.
Here's the law...
++++++++++++++
SEC. 802. DEFINITION OF DOMESTIC TERRORISM.
(a) DOMESTIC TERRORISM DEFINED- Section 2331 of title 18,
United States Code, is amended--
(1) in paragraph (1)(B)(iii), by striking `by assassination
or kidnapping' and inserting `by mass destruction,
assassination, or kidnapping';
(2) in paragraph (3), by striking `and';
(3) in paragraph (4), by striking the period at the end and
inserting `; and'; and
(4) by adding at the end the following:
`(5) the term `domestic terrorism' means activities that--
`(A) involve acts dangerous to human life that are a violation
of the criminal laws of the United States or of any State;
`(B) appear to be intended--
`(i) to intimidate or coerce a civilian population;
`(ii) to influence the policy of a government by intimidation
or coercion; or
`(iii) to affect the conduct of a government by mass
destruction, assassination, or kidnapping; and
`(C) occur primarily within the territorial jurisdiction of
the United States.'.
(b) CONFORMING AMENDMENT- Section 3077(1) of title 18, United
States Code, is amended to read as follows:
`(1) `act of terrorism' means an act of domestic or
international terrorism as defined in section 2331;'.
++++++++++++++
Comments:
Terrorism then is any activity that may:
`(A) involve acts dangerous to human life that are a violation
of the criminal laws of the United States or of any State;
...or an act that may:
`(B) appear to be intended--
`(i) to intimidate or coerce a civilian population;
`(ii) to influence the policy of a government by
intimidation or coercion; or
`(iii) to affect the conduct of a government by mass
destruction, assassination, or kidnapping; and
`(C) occur primarily within the territorial jurisdiction
of the United States.'.
Which could apply to any criticism of government or politicians or half
of the material on the NGs.
Note the wording for amending Section 3077(1) of title 18, United
States Code, it is is amended to read:
`(1) `act of terrorism' means an act of domestic or
international terrorism as defined in section 2331;'.
Which effectively means that "domestic" terrorism is the same as
"international" terrorism.
Further as we see in Sec.411 below, that a terrorist is ...
`(aa) a foreign terrorist organization, as designated by the
Secretary of State under section 219, or
`(bb) a political, social or other similar group whose public
endorsement of acts of terrorist activity the Secretary of State
has determined undermines United States efforts to reduce or
eliminate terrorist activities,';
Summary of this portion of Section 802 - A terrorist is any person
suspected of violating any federal or state criminal law OR any person
suspected of actually or intending to, intimidate or coerce any person.
continuing...
+++++++++++++
SEC. 411. DEFINITIONS RELATING TO TERRORISM.
(a) GROUNDS OF INADMISSIBILITY- Section 212(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is
amended--
(1) in subparagraph (B)--
(A) in clause (i)--
(i) by amending subclause (IV) to read as follows:
`(IV) is a representative (as defined in clause (v))
of--
`(aa) a foreign terrorist organization, as designated by the
Secretary of State under section 219, or
`(bb) a political, social or other similar group whose public
endorsement of acts of terrorist activity the Secretary of
State has determined undermines United States efforts to
reduce or eliminate terrorist activities,';
(ii) in subclause (V), by inserting `or' after `section 219,';
and
(iii) by adding at the end the following new subclauses:
`(VI) has used the alien's position of prominence
within any country to endorse or espouse terrorist
activity, or to persuade others to support terrorist activity
or a terrorist organization, in a way that the Secretary of
State has determined undermines United States efforts to
reduce or eliminate terrorist activities, or
`(VII) is the spouse or child of an alien who is
inadmissible under this section, if the activity
causing the alien to be found inadmissible occurred within the
last 5 years,';
(B) by redesignating clauses (ii), (iii), and (iv) as clauses
(iii), (iv), and (v), respectively;
(C) in clause (i)(II), by striking `clause (iii)' and
inserting `clause (iv)';
(D) by inserting after clause (i) the following:
`(ii) EXCEPTION- Subclause (VII) of clause (i) does not
apply to a spouse or child--
`(I) who did not know or should not reasonably
have known of the activity causing the alien to be found
inadmissible under this section; or
`(II) whom the consular officer or Attorney
General has reasonable grounds to believe has renounced the
activity causing the alien to be found inadmissible under
this section.';
(E) in clause (iii) (as redesignated by subparagraph (B))--
(i) by inserting `it had been' before `committed in the
United States'; and
(ii) in subclause (V)(b), by striking `or firearm' and
inserting `, firearm, or other weapon or dangerous device';
(F) by amending clause (iv) (as redesignated by
subparagraph (B)) to read as follows:
`(iv) ENGAGE IN TERRORIST ACTIVITY DEFINED- As
used in this chapter, the term `engage in terrorist activity'
means, in an individual capacity or as a member of an
organization--
`(I) to commit or to incite to commit, under
circumstances indicating an intention to cause death or serious
bodily injury, a terrorist activity;
`(II) to prepare or plan a terrorist activity;
`(III) to gather information on potential targets for
terrorist activity;
`(IV) to solicit funds or other things of value for--
`(aa) a terrorist activity;
`(bb) a terrorist organization described in clause (vi)(I) or
(vi)(II); or
`(cc) a terrorist organization described in clause (vi)(III),
unless the solicitor can demonstrate that he did not know, and
should not reasonably have known, that the solicitation would
further the organization's terrorist activity;
`(V) to solicit any individual--
`(aa) to engage in conduct otherwise described in this clause;
`(bb) for membership in a terrorist organization described in
clause (vi)(I) or (vi)(II); or
`(cc) for membership in a terrorist organization described in
clause (vi)(III), unless the solicitor can demonstrate that he
did not know, and should not reasonably have known, that the
solicitation would further the organization's terrorist
activity; or
`(VI) to commit an act that the actor knows, or
reasonably should know, affords material support,
including a safe house, transportation, communications, funds,
transfer of funds or other material financial benefit, false
documentation or identification, weapons (including chemical,
biological, or radiological weapons), explosives, or training--
`(aa) for the commission of a terrorist activity;
`(bb) to any individual who the actor knows, or reasonably
should know, has committed or plans to commit a terrorist
activity;
`(cc) to a terrorist organization described in clause (vi)(I)
or (vi)(II); or
`(dd) to a terrorist organization described in clause
(vi)(III), unless the actor can demonstrate that he did
not know, and should not reasonably have known, that the act
would further the organization's terrorist activity.
This clause shall not apply to any material support the alien
afforded to an organization or individual that has committed
terrorist activity, if the Secretary of State, after
consultation with the Attorney General, or the Attorney
General, after consultation with the Secretary of State,
concludes in his sole unreviewable discretion, that this clause
should not apply.'; and
(G) by adding at the end the following new clause:
`(vi) TERRORIST ORGANIZATION DEFINED- As used in clause (i)(VI)
and clause (iv), the term `terrorist organization' means an
organization--
`(I) designated under section 219;
`(II) otherwise designated, upon publication in the
Federal Register, by the Secretary of State in consultation with
or upon the request of the Attorney General, as a terrorist
organization, after finding that the organization engages in the
activities described in subclause (I), (II), or (III) of clause
(iv), or that the organization provides material support to
further terrorist activity; or
`(III) that is a group of two or more individuals,
whether organized or not, which engages in the activities
described in subclause (I), (II), or (III) of clause (iv).'; and
(2) by adding at the end the following new subparagraph:
`(F) ASSOCIATION WITH TERRORIST ORGANIZATIONS- Any alien who the
Secretary of State, after consultation with the Attorney General,
or the Attorney General, after consultation with the Secretary of
State, determines has been associated with a terrorist
organization and intends while in the United States to engage
solely, principally, or incidentally in activities that could
endanger the welfare, safety, or security of the United States is
inadmissible.'.
(b) CONFORMING AMENDMENTS-
(1) Section 237(a)(4)(B) of the Immigration and Nationality Act
(8 U.S.C. 1227(a)(4)(B)) is amended by striking `section
212(a)(3)(B)(iii)' and inserting `section 212(a) (3)(B)(iv)'.
(2) Section 208(b)(2)(A)(v) of the Immigration and Nationality
Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended by striking `or
(IV)' and inserting `(IV), or (VI)'.
(c) RETROACTIVE APPLICATION OF AMENDMENTS-
(1) IN GENERAL- Except as otherwise provided in this
subsection, the amendments made by this section shall take effect
on the date of the enactment of this Act and shall apply to--
(A) actions taken by an alien before, on, or after such date;
and
(B) all aliens, without regard to the date of entry or
attempted entry into the United States--
(i) in removal proceedings on or after such date (except for
proceedings in which there has been a final administrative
decision before such date); or
(ii) seeking admission to the United States on or after such
date.
(2) SPECIAL RULE FOR ALIENS IN EXCLUSION OR DEPORTATION
PROCEEDINGS- Notwithstanding any other provision of law, sections
212(a)(3)(B) and 237(a)(4)(B) of the Immigration and Nationality
Act, as amended by this Act, shall apply to all aliens in
exclusion or deportation proceedings on or after the date of the
enactment of this Act (except for proceedings in which there has
been a final administrative decision before such date) as if such
proceedings were removal proceedings.
(3) SPECIAL RULE FOR SECTION 219 ORGANIZATIONS AND
ORGANIZATIONS DESIGNATED UNDER SECTION 212(a)(3)(B)(vi)(II)-
(A) IN GENERAL- Notwithstanding paragraphs (1) and (2), no alien
shall be considered inadmissible under section 212(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3)), or
deportable under section 237(a)(4)(B) of such Act (8
U.S.C. 1227(a)(4)(B)), by reason of the amendments made by
subsection (a), on the ground that the alien engaged in a
terrorist activity described in subclause (IV)(bb),
(V)(bb), or (VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as
so amended) with respect to a group at any time when the group was
not a terrorist organization designated by the Secretary of State
under section 219 of such Act (8 U.S.C. 1189) or otherwise
designated under section 212(a)(3)(B)(vi)(II) of such Act (as so
amended).
(B) STATUTORY CONSTRUCTION- Subparagraph (A) shall not be
construed to prevent an alien from being considered inadmissible or
deportable for having engaged in a terrorist activity--
(i) described in subclause (IV)(bb), (V)(bb), or (VI)(cc) of
section 212(a)(3)(B)(iv) of such Act (as so amended) with respect
to a terrorist organization at any time when such organization was
designated by the Secretary of State under section 219 of such Act
or otherwise designated under section 212(a)(3)(B)(vi)(II) of such
Act (as so amended); or
(ii) described in subclause (IV)(cc), (V)(cc), or (VI)(dd) of
section 212(a)(3)(B)(iv) of such Act (as so amended) with respect
to a terrorist organization described in section
212(a)(3)(B)(vi)(III) of such Act (as so amended).
(4) EXCEPTION- The Secretary of State, in consultation with the
Attorney General, may determine that the amendments made by this
section shall not apply with respect to actions by an alien taken
outside the United States before the date of the enactment of this
Act upon the recommendation of a consular officer who has concluded
that there is not reasonable ground to believe that the alien knew
or reasonably should have known that the actions would further a
terrorist activity.
(c) DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS- Section
219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a))
is amended--
(1) in paragraph (1)(B), by inserting `or terrorism (as defined
in section 140(d)(2) of the Foreign Relations Authorization Act,
Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(2)), or retains the
capability and intent to engage in terrorist activity or
terrorism' after `212(a)(3)(B)';
(2) in paragraph (1)(C), by inserting `or terrorism' after
`terrorist activity';
(3) by amending paragraph (2)(A) to read as follows:
`(A) NOTICE-
`(i) TO CONGRESSIONAL LEADERS- Seven days before
making a designation under this subsection, the Secretary shall,
by classified communication, notify the Speaker and Minority
Leader of the House of Representatives, the President pro
tempore, Majority Leader, and Minority Leader of the Senate, and
the members of the relevant committees of the House of
Representatives and the Senate, in writing, of the intent to
designate an organization under this subsection, together with
the findings made under paragraph
(1) with respect to that organization, and the factual basis
therefor.
`(ii) PUBLICATION IN FEDERAL REGISTER- The Secretary shall
publish the designation in the Federal Register seven days after
providing the notification under clause (i).';
(4) in paragraph (2)(B)(i), by striking `subparagraph (A)' and
inserting `subparagraph
(A)(ii)';
(5) in paragraph (2)(C), by striking `paragraph (2)' and
inserting `paragraph (2)(A)(i)';
(6) in paragraph (3)(B), by striking `subsection (c)' and
inserting `subsection (b)';
(7) in paragraph (4)(B), by inserting after the first sentence
the following: `The Secretary also may redesignate such
organization at the end of any 2-year redesignation period (but
not sooner than 60 days prior to the termination of such period)
for an additional 2-year period upon a finding that the relevant
circumstances described in paragraph (1) still exist. Any
redesignation shall be effective immediately following the end of
the prior 2-year designation or redesignation period unless a
different effective date is provided in such redesignation.';
(
in paragraph (6)(A)--
(A) by inserting `or a redesignation made under paragraph
(4)(B)' after `paragraph (1)';
(B) in clause (i)--
(i) by inserting `or redesignation' after `designation' the
first place it appears; and
(ii) by striking `of the designation'; and
(C) in clause (ii), by striking `of the designation';
(9) in paragraph (6)(B)--
(A) by striking `through (4)' and inserting `and (3)'; and
(B) by inserting at the end the following new sentence: `Any
revocation shall take effect on the date specified in the
revocation or upon publication in the Federal Register if no
effective date is specified.';
(10) in paragraph (7), by inserting `, or the revocation of a
redesignation under paragraph(6),' after `paragraph (5) or
(6)'; and
(11) in paragraph (
--
(A) by striking `paragraph (1)(B)' and inserting `paragraph
(2)(B), or if a redesignation under this subsection has become
effective under paragraph (4)(B)';
(B) by inserting `or an alien in a removal proceeding' after
`criminal action'; and
(C) by inserting `or redesignation' before `as a defense'
(END SECTION)
