The White House has summoned its Justice Department officials to
put on a full court press toward the purpose of convincing
Congress to reauthorize portions of the Patriot Act that are
scheduled to sunset. The argument is that the Patriot Act must be
renewed in order to help win the war on terrorism. However,
instead of helping to win the war on terrorism, the Patriot Act is
helping to dismantle fundamental liberties protected by the U.S.
Constitution.
The first argument used by the feds is the Justice Department’s
report that the Patriot Act has been used by law enforcement to
conduct investigations leading to the conviction of more than 200
defendants for terrorist-related crimes. However, according to The
Washington Post, "the numbers are misleading at best."
The Post report (Sunday, June 12, 2005; A01) stated, "An analysis
of the Justice Department’s own list of terrorism prosecutions by
The Washington Post shows that 39 people, not 200, as officials
have implied, were convicted of crimes related to terrorism or
national security."
The Post report said, "Most of the others were convicted of
relatively minor crimes such as making false statements and
violating immigration law and had nothing to do with terrorism."
Would the feds exaggerate and deceive Congress and the
American people in order to gain more power? They obviously
would and have! And, unfortunately, it appears that Congress is
more than willing to give the White House what it wants.
Just recently the Senate Intelligence Committee voted to expand
the powers of the FBI "to subpoena records without the approval
of a judge or grand jury in terrorism investigations under Patriot
Act revisions approved Tuesday
Press) It is the Patriot Act’s expansion of federal police power that
should be of concern to every freedom-loving citizen in this
country!
America’s Founding Fathers placed the Bill of Rights into our
Constitution to insure that the rights of liberties of our citizens
would not be abridged by the insatiable desire of the federal
government for limitless power. The Patriot Act is a modern day
justification of the founders’ wisdom, because abridging liberty is
exactly what it does.
Specifically, the Patriot Act eviscerates the Fourth, Fifth, and Sixth
Amendments and does serious injury to others. Under Patriot Act
provisions, American citizens may be arrested (or even held
without being arrested) and incarcerated without being charged
with a crime or even without a judge’s order. The government does
not have to tell the press who has been arrested or where they are
being detained.
The Patriot Act authorizes federal police to perform searches and
seizures of private property without warrant. It authorizes federal
wiretaps without judicial oversight. It allows the feds to monitor
our internet usage, intercept e-mails and internet communications,
all without judicial oversight.
Furthermore, the definitions contained within the Patriot Act of
what constitutes "terrorism" is downright Orwellian. For example,
according to Congressman Ron Paul (R-TX), "The bill as written
defines terrorism as acts intended ’to influence the policy of a
government by intimidation or coercion.’ Under this broad
definition, a scuffle at an otherwise peaceful pro-life demonstration
might subject attendees to a federal investigation. We have seen
abuses of law enforcement authority in the past to harass
individuals or organizations with unpopular political views."
The number of Americans who have been subjected to various
kinds of federal investigation and abuse is incalculable. I can tell
my readers that I have been victimized by the Department of
Homeland Security when my name appeared on one of its
"potential terrorist lists" when I tried to board a Continental flight
out of San Antonio, Texas.
According to press reports, thousands of innocent Americans have
been subjected to the scrutiny of myriad federal police agencies. It
now appears that our federal government has determined that we
are guilty until proven innocent. This is not the America that our
fathers fought and died to bequeath to us!
Beyond that, as with the federal government’s "war on drugs," so
too its "war on terrorism" is everlasting. It never ends. Those who
suggest that there will be a cessation to the "war on terror" are
living in a dream world. Once having established the federal
machinery to fight this broad and undefined war, there is no
turning back. There can never be a declaration of victory or let up
of intensity. The machinery can only become larger and larger.
The line we constantly hear from the Bush administration is,
"Trust us. We would never abuse our new found power." Oh,
really? Just recently, Attorney General Alberto Gonzales admitted
that the FBI misused powers contained in the Patriot Act when it
searched the home and seized the property of Brandon Mayfield,
then used the information to wrongly portray the man as a Muslim
militant. (Source: The Sacramento Union, April 6, 2005) How
many other federal abuses of power have we not been told about?
However, even if the current Justice Department would not
intentionally abuse the provisions of the Patriot Act, what
guarantees do the American people have that future departments
would be as benign? For example, I wonder how comfortable
conservatives would be with the knowledge that President Hillary
Clinton’s Justice Department had the latitudes and laxities of the
Patriot Act at its disposal? Remember, folks, the powers granted to
the federal government by the Patriot Act will be enjoyed not only
by this administration, but by every administration yet to come!
The idea that we must fight terrorism by dismantling the
constitutional liberties of the American people is fraught with
fallacy! America has fought a revolutionary war, two world wars,
and numerous conflicts and, until now, has mostly held the Bill of
Rights to be sacred and irrevocable. Suddenly, it asks its citizens to
relinquish their liberties in the name of security.
Before the American people surrender their liberties to the an ever
burgeoning and meddlesome federal bureaucracy, however, we
should well remember the sage counsel of Benjamin Franklin who
said, "They that give up essential liberty for temporary security
deserve neither."
© Chuck Baldwin