Quote:
Originally posted by jayeff
The original Patriot Act appeared so quickly, it had to be something that was ready and waiting for an opportunity to pass into law. I have a suspicion that if terrorism hadn't "turned up", we would still have seen these laws sooner or later. That alone makes me very cynical about their intent.
I believe the main purpose was - via the back door - to plug some of the loopholes that have been allowed to weaken the intent of existing laws. I don't have a problem with that amibition per se, providing it is accomplished by due process. In addition, there have never been laws passed in haste that proved to be good laws. Finally, when power is put into the hands of officials, sooner or later it is always abused.
"Patriot2" - which has been doing the rounds since at least January - is an even more ominous document. Many of the laws in it go far beyond anything that is necessary or useful in dealing with terrorists. I do not believe that the authorities should have to jump through the hoops they do now to get warrants. But the idea of not needing warrants at all is very scary indeed. Similarly, I see no reason not to extend, perhaps to 3-7 days the length of time that a terrorist suspect can be held without charge. But I am totally opposed to the idea that he should be held and tried without the same rights to counsel and to the same standards of proof as any other suspect.
Terrorism may be a more emotive crime, but its victims are no more victims than victims of other crimes of violence. There will always be more "common" criminals than terrorists. So where is the rationale in creating a parallel, lesser system of justice? The courts already make mistakes even with all the "get-out-of-jail-free" cards that exist now. If the authorities - as they surely will - do extend their use of these provisions beyond their stated targets, then the application of different standards could make many non-terrorists victims of the additional injustices that are likely.
Having lived in the UK during the height of the IRA bombings and in Israel for almost a decade, I am extremely doubtful whether the existence of these laws is going to be very useful. Neither laws nor higher levels of practical anti-terrorist precautions than are yet evident in the US was able to prevent terrorist activity in either of those countries.
Whether you go along with that assessment or not, the fact remains that if you wait to see whether Patriot2 is used to impinge on the freedoms of ordinary people, it will be too late. You will not be able to communicate with the people sucked into the net and you may be sucked in yourself if you try, or if you speak out against anything that is happening.
These powers are simply far too broad to have any place in a democratic republic such as the US. Remember the Bonus Army. Remember McCarthy. Remember Kent State. Some terrible things have happened here under our existing laws. What would be possible under Patriot2 doesn't bear thinking about.
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There is no doubt in my mind that there will be law enforcement abuse of the Patriot Act...there is abuse of virtually every law on the books...from simple city ordinances...traffic laws...and upward. These abuses are fought against...sometimes successfully somtimes not. A court is interfering with the Justice Department prosecution of the so called "20th" 9/11 hijacker. The Atorney Gerneral is appealing the Judge's ruling and has stated that if they lose the appeal they may very well withdraw the case from civilian court and turn him over to be held and tried by a military tribunal. Some will think that this is an abuse of the law...but I think that (I am not certain) the Supreme Court has already ruled that military tribunals are legal. If abuses become predominate...I am satisfied that the Courts will crack down on the abuses...and Congress may modify the Patriot Act. Laws are often modified...and sometimes repealed entirely.
In the meantime some people will undoutedly be caught up in abuse and suffer from it...just as some innocent people have been caught up in the justice system prior to the Patriot Act.
Just as with law prior to the Patriot Act...forunately those that are detained...prosecuted...convicted...and incarcerated...for the most part are guilty of crimes...and the same will apply to the Patriot Act. I do not fear the Patriot Act...as I am not a criminal...nor am I a terrorist...and I do not knowingly associate with those that are...nor do I have any nexus to them.