Repercussions from 9-11

 "The price of freedom is eternal vigilance."
- Thomas Jefferson

"Any society that would give up a little liberty, to gain a little security, will deserve neither and loose both."
- Benjamin Franklin

 

As stated before, this is NOT a "conspiracy theory" site- there is simply insufficient evidence to determine whether or not the events of 9-11 were a result of mismanagement, allowed to happen, or planned. It is a simply a gathering point for data that overwhelming demonstrates the official version of events is completely wrong. What is interesting to note about 9-11 in addition to its events, is its outcome. Eerily paralleling the "Pearl Harbor" type statement, we have had a catastrophic and catalyzing event which has resulted in a process of transformation and changes, which is continuing to occur. We can only speculate whether or not these are a simple by-product of the event, or planned changes.

The following are a few repercussions from 9-11 which are frightening- the passing of unconstitutional legislation, purpose unknown. This leaves one hugely important question- WHY? What could possibly be so serious as to necessitate and justify such a horrible action like 9-11, and what will this legislation (such as the martial law) be used FOR? Unfortunately, after researching another issue, I believe I have the answer- and it is frightful beyond comprehension...involving the very survival of the human race. Go to my companion site page to find out what. (If I told you now, you'd think I was looney, so you need to review the proof first.)

It is the civic duty of every citizen to remain carefully vigilant in order to protect our freedoms. We cannot simply accept any unconstitutional law that is passed in the name of "homeland security"! In other words, is the benefit gained worth the cost? How much of our hard-won freedoms must be sacrified on the alter of security? Citizens of the former USSR and Hitler regime could probably answer that question... Tyranny doesn't start with a large bang, but with the first surrendered step...


Summary:
- Department of Homeland Security
- Patriot Act
- Military Commissions Act
- John Warner Defense Authorization Act
- The National Security and Homeland Security Presidential Directive
- Illegal NSA Wiretapping
- NSA Requests for Phone Records, and Email/Web/Data-Mining Dragnet 
- Real ID Act
- Transportation Database


Department of Homeland Security

This department was created to handle "terrorism" threats, and threats to national security.

Patriot Act Military Commissions Act

This Act gave President Bush the legal authority to abduct and sexually mutilate American citizens (to include children) in the name of the war on terror and officially ending Habeas Corpus. Sound far-fetched? It isn't. The Act contains "detainee" legislation which does not exclude American citizens, does not exclude minors, and allows physical coercian. Essentially, it allows American citizens to be kidnapped by their own government without due process and tortured. The New York Times stated [1] that the legislation introduced "a dangerously broad definition of “illegal enemy combatant” in the bill, which could subject legal residents of the United States, as well as foreign citizens living in their own countries, to summary arrest and indefinite detention with no hope of appeal. The president could give the power to apply this label to anyone he wanted. Yale Law Professor Bruce Ackerman states in the L.A. Times that "the compromise legislation....authorizes the president to seize American citizens as enemy combatants, even if they have never left the United States. And once thrown into military prison, they cannot expect a trial by their peers or any other of the normal protections of the Bill of Rights." Similarly, law Professor Marty Lederman [2] explains that "this [subsection (ii) of the definition of 'unlawful enemy combatant'] means that if the Pentagon says you're an unlawful enemy combatant -- using whatever criteria they wish -- then as far as Congress, and U.S. law, is concerned, you are one, whether or not you have had any connection to 'hostilities' at all."

This violates the Constitutional right to Habeaus corpus, as outlined in Amendment 5 of the Constitution, and the directive that it not be suspended as outlined in Article One, Section 9 of the Constitution.

John Warner Defense Authorization Act

Public Law 109-364, or the "John Warner Defense Authorization Act of 2007" (H.R.5122) (2), which was signed by the commander in chief on October 17th, 2006, in a private Oval Office ceremony, allows the President to declare a "public emergency" and station troops anywhere in America and take control of state-based National Guard units without the consent of the governor or local authorities, in order to "suppress public disorder". In case you didn't notice, in one fell swoop, this Act authorizes the President to decide that whatever he wants is an emergency, override local government, and authorizes military to handle civil disturbances.

Incidentally, it abolishes posse comitatus.[3] In case you are wondering what that is, Wikipedia has a pretty good explanation [4]:

"The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385) passed on June 18, 1878, after the end of Reconstruction, with the intention (in concert with the Insurrection Act of 1807) of substantially limiting the powers of the federal government to use the military for law enforcement. The Act prohibits members of the Army and Air Force from exercising nominally state law enforcement, police, or peace officer powers that maintain "law and order" on non-federal property (states and their counties and municipal divisions) within the United States.

The statute prohibits Army and Air Force personnel and units of the National Guard under federal authority from acting in a law enforcement capacity within the United States, except where expressly authorized by the Constitution or Congress. The Navy and Marine Corps are prohibited by a Department of Defense directive, not by the Act itself.[1][2] The Coast Guard, under the Department of Homeland Security, is exempt from the Act."

The National Security and Homeland Security Presidential Directive

Signed on May 9, 2007, without the approval or oversight of Congress, this directive places the Secretary of Homeland Security in charge of domestic "security". It seemingly supescedes the National Emergency Act which allows the president to declare a national emergency but also requires that Congress have the authority to "modify, rescind, or render dormant" such emergency authority if it believes the president has acted inappropriately. [5] It declares that in the event of a "catastrophic event", the President can take total control over the government and the country, bypassing all other levels of government at the state, federal, local, territorial and tribal levels. Given that this new directive doesn't provide for Congressional involvement, it violates the balance/separation of powers outlined in the Constitution under Articles 1-3

Illegal Domestic Wiretapping. Taken verbatim from PrisonPlanet:

"Months after the Sept. 11 attacks, President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials. Under a presidential order signed in 2002, the intelligence agency has monitored the international telephone calls and international e-mail messages of hundreds, perhaps thousands, of people inside the United States without warrants over the past three years in an effort to track possible "dirty numbers" linked to Al Qaeda, the officials said. The agency, they said, still seeks warrants to monitor entirely domestic communications. [6] And as if that wasn't enough. Not content with now being lawfully allowed to force ISP's and cell phone companies to turn over data about customers without a warrant, the Bush administration is pushing for even more authority to spy on American citizens, and has already been handed a 6 month window within which to impose any surveillance policy it likes, and for that program to remain legal in perpetuity. Legislation signed 5 Aug 07 (interestingly enough, a Sunday) gives the government the green light to install permanent backdoors in communications systems that allow warrantless wiretapping of American citizens, a blatant violation of the 4th amendment. The administration has a 6 month window in which to impose any surveillance program it chooses and that program will go unchallenged and remain legally binding in perpetuity - it cannot be revoked.[7]

This is direct violation of the 4th Amendment of the Constitution, which states "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized". It specifically states that a judicial warrant is required."

NSA Requests for Phone Records, and Email/Web/Data-Mining Dragnet 

In addition to the wiretaps, it was revealed in 2006 that NSA has been secretly collecting the phone call records of tens of millions of Americans, using data provided by AT&T, Verizon, and BellSouth, without a judicial warrant. Qwest was approached, but refused to do so. Recently, evidence suggests that the NSA has been focusing on widespread monitoring of e-mail messages and text messages, recording of Web browsing, and other forms of electronic data-mining, all done without court supervision. In addition to ISPs, documents released last week by a security consultant indicate that an unnamed major wireless provider has opened its network to the U.S. government, allowing customers' e-mail, text messaging, and Web use to be monitored. This has led to a republican-sponsored proposal that would grant retroactive immunity to companies that illegally let the Feds plug into their networks. The Republicans' blanket of retroactive immunity would likely cover e-mail providers, search engines, Internet service providers, and instant-messaging services too.[8]  As with the above wiretaps, these actions are illegal as well.

Real ID Act

The REAL ID Act of 2005 is Division B of an act of the United States Congress titled Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005. This legislation was intended to deter terrorism by implementing the following:

  •  
    • Establishing national standards for state-issued driver's licenses and non-driver's identification cards;
    • Waiving laws that interfere with construction of physical barriers at the borders;
    • Updating and tightening the laws on application for asylum and deportation of aliens for terrorist activity;
    • Introducing rules covering "delivery bonds" (rather like bail bonds but for aliens who have been released pending hearings);
    • Funding some reports and pilot projects related to border security; and
    • Changing visa limits for temporary workers, nurses, and Australian citizens.

It was signed into law in May 2005, postponed for two years, and postponed again until 2011 due to opposition from several states. The REAL ID Act of 2005 requires people entering federal buildings, boarding airplanes, or opening bank accounts to present identification that has met certain security and authentication standards. It also establishes national standards for state-issued driver licenses and non-driver identification cards. Each card must include, at a minimum, the person's full legal name, signature, date of birth, gender, driver's license or identification card number. It also includes a photograph of the person's face and the address of principal residence. It is required to have physical security features designed to prevent tampering, counterfeiting, or duplication of the document for fraudulent purposes. The license and ID cards must be linked- Each state must agree to share its motor vehicle database with all other states. This database must include, at a minimum, all the data printed on the state drivers' licenses and ID cards, plus drivers' histories (including motor vehicle violations, suspensions, and points on licenses).

Problems 

The problems with the REAL ID Act are numerous. First, it is also a violation of the Privacy Act of 1974, which forbids the government from compiling secret databases on Americans.. Second, it can be argued that it violates the fundamental separation of powers principles enshrined in the U.S. Constitution. Further, by delegating the power to pick and choose which laws will apply to border wall construction, Congress has unconstitutionally given away its lawmaking responsibilities to a politically-appointed executive branch official who is not accountable to the American public. It also violates the purpose of the social security number; it was clearly stated during the Carter administration that the social security would NOT be used as a national identifier.

The original Real ID Act, H. R. 418, was approved by the House on February 10, 2005 by a vote of 261-161. At the insistence of the Real ID Act sponsor and then House Judiciary Committee Chair F. James Sensenbrenner (Republican, Wisconsin), the Real ID Act was subsequently attached by the House Republican leadership as a rider to H.R. 1268, a bill dealing with emergency appropriations for the Iraq War and with the Tsunami relief funding. H.R. 1268 was widely regarded as a "must-pass" legislation. The original version of H.R. 1268 was passed by the Senate on April 21, 2005 and did not include the Real ID Act. However, the Real ID Act was inserted in the conference report on H.R. 1268 that was then passed by the House on May 5, 2005 by a 368-58 vote and was unanimously passed by the Senate on May 10, 2005. The Senate never discussed or voted on the Real ID Act specifically and no Senate committee hearings were conducted on the Real ID Act prior to its passage. Critics charged that this procedure was undemocratic and that the bill's proponents avoided a substantive debate on a far-reaching piece of legislation by attaching it to a "must-pass" bill.

Some critics claim that the Real ID Act violates the Tenth Amendment to the United States Constitution as a federal legislation in an area that, under the terms of the Tenth Amendment, is the province of the states. Former Republican U.S. Representative Bob Barr wrote in a February 2008 article: "A person not possessing a Real ID Act-compliant identification card could not enter any federal building, or an office of his or her congressman or senator or the U.S. Capitol. This effectively denies that person their fundamental rights to assembly and to petition the government as guaranteed in the First Amendment."

The law places no limits on potential required uses for Real IDs. In time, Real IDs could be required to vote, collect a Social Security check, access Medicaid, open a bank account, go to an Orioles game, or buy a gun. The private sector could begin mandating a Real ID to perform countless commercial and financial activities, such as renting a DVD or buying car insurance. Real ID cards would become a necessity, making them de facto national IDs.

Maine argues that it would be a bureaucratic nightmare to enforce, is threatening to individual privacy, makes citizens increasingly vulnerable to ID theft, and would cost Maine taxpayers at least $185 million in five years because of the massive unfunded federal mandates on all the states. Utah states that "the use of identification-based security cannot be justified as part of a 'layered' security system if the costs of the identification 'layer'--in dollars, lost privacy, and lost liberty--are greater than the security identification provides".  

Transportation Database

The No Fly List, sometimes called a watch list, is a list created and maintained by the United States government of people who are not permitted to board a commercial aircraft for travel in the United States. It buttresses the Secondary Security Screening Selection that tags would-be passengers for extra inspection. However, not only is it shared with foreign countries, there is no adequate means of redress for passengers, but it is also a violation of the Privacy Act of 1974, which forbids the government from compiling secret databases on Americans. 


 The case could certainly be made that the events of 9-11 were the platform that enabled the government to get free-spirited Americans to accept the infringement of civil liberties and violation of civil rights.

References:

[1] http://www.nytimes.com/2006/09/28/opinion/28thu1.html?_r=2&oref=slogin&oref=slogin
[2] http://balkin.blogspot.com/2006/09/imagine-giving-donald-rumsfeld.html
[3] http://www.prisonplanet.com/articles/november2006/031106civilsuppression.htm
[4] http://en.wikipedia.org/wiki/Posse_Comitatus_Act
[5] http://www.whitehouse.gov/news/releases/2007/05/20070509-12.html
[6] http://www.nytimes.com/2005/12/16/politics/16program.html?ex=1186632000&en=c0596fd66ccb8785&ei=5070
[7] http://www.prisonplanet.com/articles/august2007/060807_dictator_powers.htm
[8] http://www.news.com/8301-13578_3-9890761-38.html?part=dht&tag=nl.e703