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American Gestapo

by scared
House Report 109-333 - USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005
What BushCo wants, according to the fine print (Sec. 605) of the new PATRIOT Act,
is a permanent Praetorian Guard, or Cheka, or Gestapo. It's all too easy to come up with
apt historical analogies--but not with any from this nation's history.

"A permanent police force, to be known as the 'United States Secret Service Uniformed
Division,'" empowered to "make arrests without warrant for any offense against the
United States committed in their presence" (what is "an offense against the United
States?), "or for any felony cognizable under the laws of the United States if they
have reasonable grounds to believe that the person to be arrested has committed or
is committing such felony" (what are "reasonable grounds"?).

I'm not making this up. See the text and URL below.

What will it take to get the press to notice this?

MCM


House Report 109-333 - USA PATRIOT IMPROVEMENT AND REAUTHORIZATION ACT OF 2005

http://thomas.loc.gov/cgi-bin/cpquery/?&dbname=cp109&sid=cp109WvwUu&refer=&r_n=hr333.109&item=&sel=TOC_208072&
<http://thomas.loc.gov/cgi-bin/cpquery/?&dbname=cp109&sid=cp109WvwUu&refer=&r_n=hr333.109&item=&sel=TOC_208072&>

SEC. 605. THE UNIFORMED DIVISION, UNITED STATES SECRET SERVICE.


(a) In General- Chapter 203 of title 18, United States Code, is amended by inserting after section 3056 the following:


`Sec. 3056A. Powers, authorities, and duties of United States Secret Service Uniformed Division


`(a) There is hereby created and established a permanent police force, to be known as the `United States Secret Service Uniformed Division'. Subject to the supervision of the Secretary of Homeland Security, the United States Secret Service Uniformed Division shall perform such duties as the Director, United States Secret Service, may prescribe in connection with the protection of the following:



`(1) The White House in the District of Columbia.



`(2) Any building in which Presidential offices are located.



`(3) The Treasury Building and grounds.



`(4) The President, the Vice President (or other officer next in the order of succession to the Office of President), the President-elect, the Vice President-elect, and their immediate families.



`(5) Foreign diplomatic missions located in the metropolitan area of the District of Columbia.



`(6) The temporary official residence of the Vice President and grounds in the District of Columbia.



`(7) Foreign diplomatic missions located in metropolitan areas (other than the District of Columbia) in the United States where there are located twenty or more such missions headed by full-time officers, except that such protection shall be provided only--




`(A) on the basis of extraordinary protective need;




`(B) upon request of an affected metropolitan area; and




`(C) when the extraordinary protective need arises at or in association with a visit to--





`(i) a permanent mission to, or an observer mission invited to participate in the work of, an international organization of which the United States is a member; or





`(ii) an international organization of which the United States is a member;




except that such protection may also be provided for motorcades and at other places associated with any such visit and may be extended at places of temporary domicile in connection with any such visit.



`(8) Foreign consular and diplomatic missions located in such areas in the United States, its territories and possessions, as the President, on a case-by-case basis, may direct.



`(9) Visits of foreign government officials to metropolitan areas (other than the District of Columbia) where there are located twenty or more consular or diplomatic missions staffed by accredited personnel, including protection for motorcades and at other places associated with such visits when such officials are in the United States to conduct official business with the United States Government.



`(10) Former Presidents and their spouses, as provided in section 3056(a)(3) of title 18.



`(11) An event designated under section 3056(e) of title 18 as a special event of national significance.



`(12) Major Presidential and Vice Presidential candidates and, within 120 days of the general Presidential election, the spouses of such candidates, as provided in section 3056(a)(7) of title 18.



`(13) Visiting heads of foreign states or foreign governments.


`(b)(1) Under the direction of the Director of the Secret Service, members of the United States Secret Service Uniformed Division are authorized to--



`(A) carry firearms;

`(B) make arrests without warrant for any offense against the United States committed in their presence, or for any felony cognizable under the laws of the United States if they have reasonable grounds to believe that the person to be arrested has committed or is committing such felony; and



`(C) perform such other functions and duties as are authorized by law.


`(2) Members of the United States Secret Service Uniformed Division shall possess privileges and powers similar to those of the members of the Metropolitan Police of the District of Columbia.


`(c) Members of the United States Secret Service Uniformed Division shall be furnished with uniforms and other necessary equipment.


`(d) In carrying out the functions pursuant to paragraphs (7) and (9) of subsection (a), the Secretary of Homeland Security may utilize, with their consent, on a reimbursable basis, the services, personnel, equipment, and facilities of State and local governments, and is authorized to reimburse such State and local governments for the utilization of such services, personnel, equipment, and facilities. The Secretary of Homeland Security may carry out the functions pursuant to paragraphs (7) and (9) of subsection (a) by contract. The authority of this subsection may be transferred by the President to the Secretary of State. In carrying out any duty under paragraphs (7) and (9) of subsection (a), the Secretary of State is authorized to utilize any authority available to the Secretary under title II of the State Department Basic Authorities Act of 1956.'.


(b) Amendment to Table of Sections- The table of sections at the beginning of chapter 203 of title 18, United States Code, is amended by inserting after the item relating to section 3056 the following new item:

3056A. Powers, authorities, and duties of United States Secret Service Uniformed Division.


(c) Conforming Repeal to Effectuate Transfer- Chapter 3 of title 3, United States Code, is repealed.


(d) Conforming Amendments to Laws Affecting District of Columbia- (1) Section 1537(d) of title 31, United States Code, is amended--



(A) by striking `and the Executive Protective Service' and inserting `and the Secret Service Uniformed Division'; and



(B) by striking `their protective duties' and all that follows and inserting `their protective duties under sections 3056 and 3056A of title 18.'


(2) Section 204(e) of the State Department Basic Authorities Act (sec. 6--1304(e), D.C. Official Code) is amended by striking `section 202 of title 3, United States Code, or section 3056' and inserting `sections 3056 or 3056A'.


(3) Section 214(a) of the State Department Basic Authorities Act (sec. 6--1313(a), D.C. Official Code) is amended by striking `sections 202(8) and 208 of title 3' and inserting `section 3056A(a)(7) and (d) of title 18'.


(e) Additional Conforming Amendments-



(1) Title 12, United States Code, section 3414, `Special procedures', is amended by striking `3 U.S.C. 202' in subsection (a)(1)(B) and inserting `18 U.S.C. 3056A'.



(2) The State Department Basic Authorities Act of 1956 is amended--




(A) in the first sentence of section 37(c) (22 U.S.C. 2709(c)), by striking `section 202 of title 3, United States Code, or section 3056 of title 18, United States Code' and inserting `section 3056 or 3056A of title 18, United States Code';




(B) in section 204(e) (22 U.S.C. 4304(e)), by striking `section 202 of title 3, United States Code, or section 3056 of title 18, United States Code' and inserting `section 3056 or 3056A of title 18, United States Code'; and




(C) in section 214(a) (22 U.S.C. 4314(a)), by striking `sections 202(7) and 208 of title 3, United States Code' and inserting `subsections (a)(7) and (d) of section 3056A of title 18, United States Code'.



(3) Section 8D(a)(1)(F) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking `section 202 of title 3' and inserting `section 3056A of title 18'.



(4) Section 8I(a)(1)(E) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by striking `section 202 of title 3' and inserting `section 3056A of title 18'.
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America has never had a federal police force, but hidden in the new "Patriot" Act is language that creates just such a beast.

SEC. 605. THE UNIFORMED DIVISION, UNITED STATES SECRET SERVICE.

There is hereby created and established a permanent police force, to be known as the `United States Secret Service Uniformed Division'.

The Secret Service, Uniformed Division will not operate solely in DC, but anywhere former Presidents travel, or foreign dignitaries, or even "as the President, on a case-by-case basis, may direct." #8

A federal police force, directed by the President. Is this not the Gestapo all over again?

If the new "Patriot" Act passes, the new SSUD federal police can show up at:

(11) An event designated.. as a special event of national significance.
(12) Major Presidential and Vice Presidential candidates and, within 120 days of the general Presidential electionŠ

A federal goon squad on hand to arrest any 'disruptors' during the next Presidential ElectionŠ how can you look in the mirror and tell yourself that there's hope for 2008? Or is that just an excuse to continue doing nothing right now?

Note: This bill comes up in two weeks, to date only myself and Kurt Nimmo have written about it. I've written Democracy Now, CommonDreams, etcŠ nobody wants to touch it.

Please do what you can to break this story
....
http://www.benfrank.net/blog/


Do not sit there cowering and pretending the only way to win is as Republican-lite.
If the Washington-based party can't get up and fight, we'll find someone who can.
- Molly Ivins


I sent this to my list on 1/12/06.
Chris
Bush to criminalize protesters under Patriot Act as "disruptors"

http://www.bushflash.com

Bush wants to create the new criminal of "disruptor" who can be jailed
for the crime of "disruptive behavior." A "little-noticed provision" in
the latest version of the Patriot Act will empower Secret Service to
charge protesters with a new crime of "disrupting major events
including political conventions and the Olympics."
http://www.washingtonpost.com/wp-dyn/content/article/2005/12/12/
AR2005121201448.html

Secret Service would also be empowered to charge persons with
"breaching security" and to charge for "entering a restricted area"
which is "where the President or other person protected by the Secret
Service is or will be temporarily visiting." In short, be sure to stay
in those wired, fenced containments or free speech zones.

Read More, here... Because the linked version contains more hyperlinks.
http://www.dailykos.com/storyonly/2006/1/11/212726/954
Bush to criminalize protesters under Patriot Act as "disruptors"
http://www.dailykos.com/storyonly/2006/1/11/212726/954
by Patriot Daily News Clearinghouse
Wed Jan 11, 2006 at 07:27:26 PM PDT
Bush wants to create the new criminal of "disruptor" who can be jailed for the crime of "disruptive behavior." A "little-noticed provision" in the latest version of the Patriot Act will empower Secret Service to charge protesters with a new crime of "disrupting major events including political conventions and the Olympics." Secret Service would also be empowered to charge persons with "breaching security" and to charge for "entering a restricted area" which is "where the President or other person protected by the Secret Service is or will be temporarily visiting." In short, be sure to stay in those wired, fenced containments or free speech zones.

Who is the "disruptor"? Bush Team history tells us the disruptor is an American citizen with the audacity to attend Bush events wearing a T-shirt that criticizes Bush; or a member of civil rights, environmental, anti-war or counter-recruiting groups who protest Bush policies; or a person who invades Bush's bubble by criticizing his policies. A disruptor is also a person who interferes in someone else's activity, such as interrupting Bush when he is speaking at a press conference or during an interview.
What are the parameters of the crime of "disruptive behavior"? The dictionary defines "disruptive" as "characterized by unrest or disorder or insubordination." The American Medical Association defines disruptive behavior as a "style of interaction" with people that interferes with patient care, and can include behavior such as "foul language; rude, loud or offensive comments; and intimidation of patients and family members."
What are the rules of engagement for "disruptors"? Some Bush Team history of their treatment of disruptors provide some clues on how this administration will treat disruptors in the future.
(1) People perceived as disruptors may be preemptively ejected from events before engaging in any disruptive conduct.
In the beginning of this war against disruptors, Americans were ejected from taxpayer funded events where Bush was speaking. At first the events were campaign rallies during the election, and then the disruptor ejectment policy was expanded to include Bush's post election campaign-style events on public policy issues on his agenda, such as informing the public on medicare reform and the like. If people drove to the event in a car with a bumper sticker that criticized Bush's policies or wore T-shirts with similar criticism, they were disruptors who could be ejected from the taxpayer event even before they engaged in any disruptive behavior. White House press secretary McClellan defended such ejectments as a proper preemptive strike against persons who may disrupt an event: "If we think people are coming to the event to disrupt it, obviously, they're going to be asked to leave."
(2) Bush Team may check its vast array of databanks to cull out those persons who it deems having "disruptor" potential and then blacklist those persons from events.
The White House even has a list of persons it deems could be "disruptive" to an eventand then blacklists those persons from attending taxpayer funded events where Bush speaks. Sounds like Bush not only has the power to unilaterally designate people as "enemy combatants" in the global "war on terror," but to unilaterally designate Americans as "disruptive" in the domestic war against free speech.
(3) The use of surveillance, monitoring and legal actions against disruptors.
Bush's war against disruptors was then elevated to surveillance, monitoring, and legal actions against disruptor organizations. The FBI conducts political surveillance and obtains intelligence filed in its database on Bush administration critics , such as civil rights groups (e.g., ACLU), antiwar protest groups (e.g., United for Peace and Justice) and environmental groups (e.g., Greenpeace).
This surveillance of American citizens exercising their constitutional rights has been done under the pretext of counterterrorism activities surrounding protests of the Iraq war and the Republican National Convention. The FBI maintains it does not have the intent to monitor political activities and that its surveillance and intelligence gathering is "intended to prevent disruptive and criminal activity at demonstrations, not to quell free speech."
Surveillance of potential disruptors then graduated to legal actions as a preemptive strike against potential disruptive behavior at public events. In addition to monitoring and surveillance of legal groups and legal activities, the FBI issued subpoenas for members to appear before grand juries based on the FBI's "intent" to prevent "disruptive convention protests." The Justice Dept. opened a criminal investigation and subpoenaed records of Internet messages posted by Bush`s critics. And, the Justice Dept. even indicted Greenpeace for a protest that was so lame the federal judge threw out the case.

So now the Patriot Act, which was argued before enactment as a measure to fight foreign terrorists, is being amended to make clear that it also applies to American citizens who have the audacity to disrupt President Bush wherever his bubble may travel. If this provision is enacted into law, then Bush will have a law upon which to expand the type of people who constitute disruptors and the type of activities that constitute disruptive activities. And, then throw them all in jail.
Patriot Daily News Clearinghouse
Tags: Patriot Act, domestic spying, civil liberties, George W. Bush, Recommended, propaganda (all tags)
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