A Resolution to Oppose The USA Patriot Act

        A Liberty Preservation Resolution 

The following resolution has been presented in Commissioners court
and may be voted on soon.

Similar resolutions have been passed in about 30 Cities as of 01-19-03
Resolution Title: Austin Liberty Preservation Resolution
   Drafted by Alex Jones on 01/07/03
 

Summary: Resolution to Oppose the USA Patriot Act, Homeland Security's
Activation of NORTHCOM, the Designation of the United States as a Nation under Military Law under the NORTHCOM, and Related Unconstitutional Executive Orders and Presidential Decision Directives.
 

WHEREAS, the City of Austin was founded and exists according to the laws of the Texas State Constitution and the United States Constitution and Bill of Rights, both of which guarantee the citizenry the protection of the
unalienable rights granted them by their Creator; and

WHEREAS, the United States Constitution and Bill of Rights and the Texas
State Constitution guarantee all persons living in the United States these
inviolate rights including - freedom of speech; freedom of religion,
assembly and petition; the right of privacy under the Fourth Amendment
protecting the population from unreasonable searches and seizures; due
process and equal protection to all people; equity before the law and the
presumption of innocence; the right to hear the charges against you and to
face your accuser; access to council and judicial proceedings; and the right
to a fair, speedy and public trial; and

WHEREAS, the USA Patriot Act signed by George W. Bush on October26, 2001 has hundreds of provisions that contradict the above mentionedd rights, and in the words of Texas' District 14 Representative in Congress, Ron Paul, "Our forefathers would think it's time for a revolution...This is why they revolted in the first place...Theyrevolted against much more mild
oppression."(Ron Paul speaking about the Patriot Act in Insight Magazine,
article title: Police State published Nov 9, 2001); and

WHEREAS, examples of the provisions in the USA Patriot Act, Homeland
Security NORTHCOM, Executive Orders, and Presidential Decision Directives
are designed specifically and are being implemented to violate the United
States Constitution and the Texas State Constitution as well as the rights
outlined in city charters are as listed:

- Gives the Attorney General and Secretary of State the power to designate
domestic groups including political and religious organizations as
"terrorist organizations" under the "Enemy Combatant" designation

-The "Enemy Combatant" designation gives law enforcement the unprecedented power to secretly seize citizens and non-citizens without ever charging them with a crime,and the dictatorial elements of the Federal Government claim the right to detain these "Enemy Combatants" indefinitely, at secret, secure military installations inside and outside the United States and to deny them legal representation, all of this while never being charging them with a crime or telling them why they are being held. The Justice Department also claims the rightto execute those designated "Enemy Combatant" in secret after a trial by secret military tribunal.

-Grants power to the Attorney General to subject citizens of other nations
to indefinite detention as well as transporting them to third-party
countries like Egypt and Morocco, where theJustice Department claims they
can legally be tortured

-Authorizes total surveillance on confidential communications between
attorneys and their clients in Federal custody in terrorism and
non-terrorism cases

-Limits disclosure of public documents and records under the Freedom of
Information Act

-Changes the definition in the United States code of the term "Domestic
Terrorism." In Section 802of HR 3162, known as the USA Patriot Act the new definition is amended to include "acts dangerous to human life that are a violation of the criminal laws of the United States or of any State."Under
the new definition, the violation of any Federal or State law could generate
a Justice Department designation of "Enemy Combatant" to the accused, who would then become subject toall the dictatorial horrors this designation brings as detailed above

-Section 213 of the USA Patriot Act allows any branch of the Federal or
State Governments to break into your home or business, to remove any items (or place items) they wish without a warrant and without informing the person or business of this total violation of the Fourth Amendment.

-Section 213 of the USA Patriot Act also decapitates the First Amendment
protection of Freedom of Speech by forcing silence on those victimized by
their Unconstitutional, warrantless searches.

-Section 215 of the USA Patriot Act gives law enforcement expanded authority
to obtain library and book store records (violating the Fourth Amendment)
all the while prohibiting librarians and store workers from informing
patrons of monitoring or information requests (violating the First
Amendment)

-The USA Patriot Act is the enabling legislation empowering the
reorganization from the International to the local level through the
Homeland Security enforcement mechanism. The reorganization of the
government under Homeland Security is centralized in the new North American Military Command. We are witnessing a complete transformation of the governmental structures in America. The new system that is emerging, what President George W. Bush calls "the Homeland" is right out of a college textbook detailing the development, expansion and maintenance of dictatorships. The Homeland Security system is the institutionalization of a military-industrial complex dictatorship. It is all color of law, finding its roots in Imperial Rome and fascist Germany.

-There are 1016 sections to the USA Patriot Act. It significantly expands
the government's ability to access sensitive medical, mental health,
financial, and educational records about individuals. It removes any burden
of proof required to conduct telephone and Internet surveillance.

-The Office of Homeland Security and its Department of Total Information
Awareness Network, run by convicted felon Admiral John Poindexter has
proudly announced that every phone call we make, fax we send, letter we
mail, and magazine we subscribe to will be carefully scrutinized.

-The Office of Homeland Security has also stated that it will contract with
private corporations to carry out warrantless surveillance and data
collection against the American people, creating a seamless web of Big
Brother tyranny.

-The United States military is being authorized to designate American
citizens "Enemy Combatants" and is being given the job to patrol America
internally, in complete violation of the 1878 Posse Comitatus Act that
strictly forbids military forces engaging in search and seizure operations
inside the United States.

-The Pentagon has announced its wish to put 356,000troops on the streets of
America to engage in law enforcement activities. The Pentagon has stated
that their mission of fighting terrorism includes fighting crime of all
types.

-The Pentagon has also signed agreements with Canada and Mexico to bring
foreign armies into the continental United States for "peacekeeping and
anti-terror operations."

WHEREAS, the President and his allied agencies are using the crisis of
September 11th to attack the bedrock freedoms that are the birth right of
all Americans and that our Veterans have fought and died to preserve and
protect; and

WHEREAS, over thirty cities in the United Sates have passed similar
resolutions condemning the wholesale dismantling of our Constitutional
Republic; and 

RESOLVED that the City of Austin affirms its strong opposition to terrorism,
but also affirms that any efforts to end terrorism not be used as a pretext
to destroy the fundamental rights and liberties of the people of Austin,
Texas, the United States and the world; and be it

FURTHER RESOLVED that the actions of the USA Patriot Act, Homeland
Security's Activation of NORTHCOM, the Designationof the United States as a Nation under Military Law under the NORTHCOM, and Related Unconstitutional
Executive Orders and Presidential Decision Directives are aiding, by their
bad example, the spread of a world wide governmental movement in which this model for total dictatorship is duplicated to the detriment of the human
condition; and be it

FURTHER RESOLVED that the City of Austin, Texas affirms the rights of all people, including United States citizens and citizens of other nations
living within the City in accordance with the Bill of Rights and the
Declaration of Independence; and be it

FURTHER RESOLVED that, to the extent legally possible, no City employee or department shall assist or voluntarily cooperate with investigations, interrogations, or arrest procedures, public or clandestine, that are in violation of individuals' God-given rights that are simply enumerated by the first ten amendments to the United States Constitution; and be it

 FURTHER RESOLVED that the Austin City Council calls upon all private
citizens and organizations including residents, employers, educators, and
business owners to protect and defend the United States Constitution from
enemies foreign and domestic and to demonstrate outspoken respectfor the
rights that have been paid for with so much blood by veterans and patriots
throughout time, and to study the Bill of Rights so that they can recognize
and resist attempts to undermine our Constitutional Republic and the system that has brought our civilization so much success; and be it

FURTHER RESOLVED that the City of Austin call on our United States
Representatives and Senators to monitor the implementation of the USA
Patriot Act, Homeland Security's Activation of NORTHCOM, the Designation of the United States as a Nation under Military Law under the NORTHCOM, and Related Unconstitutional Executive Orders and Presidential Decision Directives cited herein and to actively work for the repeal of them as well as the repeal of all Unconstitutional laws that violate the fundamental rights and liberties as stated in the United States Constitution and its amendments. 

Introduced for the people of Central Texas' consideration by Alex Jones

Note: Resolutions similar to this one have passed in at least 30 other
cities across America, with hundreds of other city and county governments
considering passage of similar resolutions. As news spreads of what Homeland Security is really doing to our beloved American system, resistance will only spread. This document is an adaptation of resolutions passed in other cities. The writer felt it was vitally important to add more detail and to expose therole of Homeland Security and NORTHCOM if this
scientifically-crafted takeover is to be stopped.

It is so important to America's future that cities or counties considering
this resolution research the facts contained in this declaration. If our
local governments are made up of good men and women, then they will have no other choice but to pass this or a similar resolution and to carry it out or the welfare of the citizenry. Liberty should not be a left-right issue.
No matter what area of the political spectrum you see yourself occupying,
you need to know that we all lose under the Homeland Security takeover.

Feel free to copy and pass in your city/state.

More info: 

A Brief Analysis of the Domestic Security Enhancement Act 2003, Also Known as Patriot Act II
By Alex Jones
www.infowars.com
(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 Act's powers by saying that President Bush was seizing dictatorial control.

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.

There are other bills in the Senate that grant the Federal government sweeping powers. S.45 states in section one that the office for State and local government coordination for Homeland Security will no longer just oversee, but that now local cities critical functions will be headed by a Federal director. On Tuesday, February 11th, we noted a story in The Times-Picayune with the headline: Nagin announces major overhaul of City Hall --New Homeland Security office to oversee cops, firemen, emergency agency. The Federal power-grab taking place is widespread and all Americans must mobilize to resist it.

Another interesting bill is S. 16. S. 16 is a smorgasbord of Federal funding and control over local police departments and needs to be examined closely.

S. 89, The Universal National Service Act of 2003 is the hallmark of an authoritarian society. The description of the bill is, "To provide for the common defense by requiring that all young persons in the United States, including women, perform a period of military service of civilian service in furtherance of the national defense and homeland security, and for other purposes." We have looked at some of the programs that the Federal government has already been setting up for service here in the "homeland" and they include East German-style tattletale squads of every type, which are just basically a super TIPS program. The nightmare goes on and on. Check it out for yourself.

The Patriot Act II bill itself is stamped "Confidential -Not for Distribution." 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 didn’t vote in favor of it that they would be blamed for the next terrorist attack, is by the White House’s 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 administration’s “enemy combatant” definition to all American citizens who “may” 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 “any action that endangers human life that is a violation of any Federal or State law.”) 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 isn’t 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 “had inferred from conduct” 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 “enemy combatant” 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 “suspected terrorists” 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 “terrorist.” 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 “enemy combatant” 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: “this is the New America. Get used to it. This is forever.”

SECTION 111 expands the definition of the “enemy combatant” designation. 

SECTION 122 restates the government’s newly announced power of “surveillance without a court order.”

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, “thus the focus of domestic surveillance may be less precise than that directed against more conventional types of crime.”

*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 privacy.

The government states that they must look at everything to “determine” 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 coroners’ and medical examiners’ operations whenever they see fit. See how this is like Bill Clinton’s 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 “stop other unlawful activities.” 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 – 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 “Providing Material Support to Terrorism.” 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 “other criminals” to use encryption in the commission of a crime.

SECTION 408 creates “lifetime parole” (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 “those who carry around pocket Constitutions.”

I have produced two documentary films and written a book about what really happened on September 11^th. The bottom line is this: the military-industrial complex carried the attacks out as a pretext for control. Anyone who doubts this just hasn’t looked at the mountains of hard evidence. 

Of course, the current group of white collar criminals in the White House might not care that we’re 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 “See I was right. I had to take away your rights to keep you safe. And now it’s your fault that all of these children are dead.” 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, it’s a beautiful script. Unfortunately, it’s being played out in the real world. If we don’t 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 won’t deserve it.
Original link: http://www.infowars.com/print_patriotact2_analysis.htm

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