Sunday, February 10, 2008

Let me take away some of your rights and I'll keep you safe!

By Joseph Walther

About two weeks ago, I found myself on the receiving end of a bit of a lecture involving the Patriot Act. The speaker, Mr. Harold Gerson, was extolling the virtues of the Act and how “patriotic” Americans need to rally around our President and support his bid to make it permanent in order to help assure our Nation’s continuity.

I have no real idea who Mr. Gerson is. He introduced himself as a member of some right-wing freedom organization. I’m not going to give it any free advertising here. The point is that I took significant offense at his little talk.

Like most of the blindfolded Bush diehards, he seemed to imply that those who disagree with making the provisions of the Patriot Act permanent are, at best, not patriotic and at worst, outright traitors.

What scared me even more than Gerson was the fact that several members of the audience seemed ready to run out and write letters to their congressional representatives in absolute favor of the matter.

I understand the Patriot Act—intimately… like, verbatim, dude! I have a copy in front of me as I write this. It has brought out the activist in me like nothing else ever has. I’ve written letters opposing it. I’ve given testimony about it.

In the interests of insight, I’m going to summarize my points relative to their Constitutional impact. Also, for our collective good, we need to start understanding that everything the government does, allegedly on our behalf, is not in our best interests.

Also, many of the things proposed by George W. Bush relative to his execution of the war on “terror” have been outright stupid. Expanding the provisions of the Patriot Act and making them permanent are just two more acts of sheer stupidity.

At the outset, understand that the probability of any one citizen of this country falling prey to the provisions of the Patriot Act is not worth the effort to calculate it. Collectively, however, it’s am absolute certainty that some folks are going to be screwed royally.

First, everyone needs to understand that ALL United States Presidents have ALWAYS had broad powers in matters of national security during times of war. As shocking as it may be for, I’m sure, many to find out, the provisions in our Constitution can be, and HAVE BEEN, suspended in times of declared wars.

This fact, alone, renders most of the Patriot Act as superfluous to begin with. Presidents already had very broad powers. So the point of the Patriot Act had nothing to do with “protecting” us citizens from the “bad” guys.

On the other hand, it had EVERYTHING to do with creating the illusion of doing something to guarantee our safety through the EXPANSION of certain PROVISIONS of those PRE-EXISTING powers. To wit:

The Patriot Act EXPANDS terrorism laws to include "domestic terrorism." I'm using quotes here for a reason. It isn't that domestic terrorism does not exist. It does. But then, it has always existed. I’m not trying to diminish its danger, either.

However, under the Patriot Act's EXPANSION, "domestic terrorism" is determined to be whatever the White House says that it is. Those involved, no matter how innocent the intentions, will have no say in the matter. All the White House will have to do is say the MAGIC words: "for intelligence purposes."

It exposes mere politically organized opposition to non-warrant surveillance. There'd no longer be a need for one of those pesky old warrants. It would open us up to virtually unlimited wiretapping, harassment, and criminal proceedings for nothing more than political opposition. And, all the Administration would have to say is... "for intelligence purposes."

Second, it EXPANDS law enforcement's right to conduct secret searches through the acquisition of phone records, Internet surveillance, medical records, financial records, mental health records, and student records, all WITHOUT an ounce of judicial oversight.

Again, all they'll need to say in defense of their actions are those wonderfully magical words: “for intelligence purposes.”

Third, it specifically EXPANDS the FBI's power to investigate, AT WILL, every American citizen over virtually any criminal matter—based on nothing more than someone's hunch. We might just as well remove “probable cause” from the Bill of Rights. Again, they'll only need to say the magic words... "for security purposes."

Fourth, it EXPANDS the ability of the Feds to go after non-citizens; putting them in jail for indefinite periods on nothing more than suspicions and denying them any type of judicial review.

And, before some of you "law and order" types tell me that such people have no rights, let me just say... um... well, BULLSHIT!

There are millions of non-citizens living and working is this country LEGALLY. Illegals—between 9-million and 14-million, depending on which set of data estimates you believe—comprise a small percentage of the total.

Even so, at a minimum, all non-citizens, once apprehended for whatever reasons, have the RIGHT to embassy personnel in their country of origin unless diplomatic relations do not exist.

Like it or not, the four expansionary areas I listed above jeopardize our rights under the First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments.

As I wrote above, the likelihood of any one U. S. citizen falling victim to these expansions is not high. Collectively, though, it's a guarantee.

If you’re thinking that they will NOT read YOUR emails, or listen to YOUR phone calls because you’re not doing anything wrong, you’re probably correct. The point is that they COULD do so.

While they are not likely to read or listen to YOUR stuff, it's a cinch that they'll be reading and listening to other people's stuff, though.

And, if they do hit YOURS, even if you've done something inadvertently, most likely with no idea that you've done anything wrong, your potential exposure to a sustained period of emotional and physical hell is assured.

It's assured because, by making these four expansions permanent, we will have granted the government carte blanche to decide, UNILATERALLY, that YOU have committed a crime. And again, they’d need only to have said those magic words: "for intelligence purposes."

A guarantee of security and safety is an impossibility. People who claim to have the powers to keep us safe are delusional. All they really accomplish is the illusion of being safe.

Whenever such people—no matter how seemingly sincere their intentions—include a few “minor” changes to our Constitution, we can be sure that Mr. Murphy, of Murphy’s Law fame, is lurking close by.

Interesting fellow, that Mr. Murphy. He’s roamed this planet since the advent of the human race. He's been present and taken an active hand in every catastrophe we humans have ever endured.

He was present in the World Trade Towers on 9/11. He was aboard the Hindenburg, Titanic, and Apollo-13. He was lurking in the early morning shadows at Pearl Harbor in December of 1941. He’s played a significant role in every commercial and private airline crash we’ve ever heard of.

He was everywhere in Viet Nam, Korea, WW-I and II. And, if it occurs, he'll have played a significant role in starting WW-III.

What's more important to remember is that he's always left the scene, completely unscathed, with the snug satisfaction that he's completed his mission while eagerly awaiting the next one.

As usual, we’ll be left in an emotional daze, trying to legislate a way to inoculate ourselves against his future rages, which most assuredly will find us at the usual inopportune of times.

I have no problems granting our government leaders extraordinary powers during extraordinarily perilous times. I just don't want to make them permanent.

We can always grant them anew as conditions warrant. However, history has shown, repeatedly, that once we give up a freedom, we do NOT get it back. As for making these expansions permanent, I can literally smell Mr. Murphy!

Back at you next week. Stay safe, but don’t forfeit your rights to guarantee it, though.

Joseph Walther is a freelance writer and publisher of The True Facts. Copyright laws apply to all material on this site. Send your comments. Just click here.