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Compare Provisions in “Hitler’s Laws” with FISA AMENDMENTS ACT OF 2008

by Ross Wolf
Today The FISA AMENDMENTS ACT OF 2008 May be Passed by the U.S. Senate.
Compare provisions in “Hitler’s Laws” with U.S. FISA AMENDMENTS ACT OF 2008: Note similar manner the Act, HR 6304 suspends the U.S. Constitution’s 4th Amendment Protections and Telecommunication Privacy for American Citizens.

THE FISA AMENDMENTS ACT OF 2008, H.R. 6304 EH may be found at:
http://thomas.loc.gov/

Below: Are Hitler's signed Discriminatory Laws of February 28, 1933.

ROBL. I 83

DECREE OF THE REICH PRESIDENT FOR THE PROTECTION OF
THE PEOPLE AND STATE

In virtue of Section 48 (2) of the German Constitution, the following is decreed as a defensive measure against Communist acts of Violence, endangering the state:

Section 1
Sections 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association, and violations of the privacy of postal, telegraphic, and telephonic communications, and warrants for house-searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.

Section 2
If in a state the measures necessary for the restoration of public security and order are not taken, the Reich Government may temporarily take over the powers of the highest state authority.

Section 4
Whoever provokes, or appeals for or incites to the disobedience of the orders given out by the supreme state authorities or the authorities subject to then for the execution of this decree, or the orders given by the Reich Government according to Section 2, is punishable—insofar as the deed, is not covered by the decree with more severe punishment and with imprisonment of not less that one month, or with a fine from 150 up to 15,000 Reichsmarks.

Who ever endangers human life by violating Section 1, is to be punished by sentence to a penitentiary, under mitigating circumstances with imprisonment of not less than six months and, when violation causes the death of a person, with death, under mitigating circumstances with a penitentiary sentence of not less that two years. In addition the sentence my include confiscation of property.
Whoever provokes an inciter to or act contrary to public welfare is to be punished with a penitentiary sentence, under mitigating circumstances, with imprisonment of not less than three months.

Section 5
The crimes which under the Criminal Code are punishable with penitentiary for life are to be punished with death: i.e., in Sections 81 (high treason), 229 (poisoning), 306 (arson), 311 (explosion), 312 (floods), 315, paragraph 2 (damage to railroad properties, 324 (general poisoning).

Insofar as a more severe punishment has not been previously provided for, the following are punishable with death or with life imprisonment or with imprisonment not to exceed 15 years:

1. Anyone who undertakes to kill the Reich President or a member or a commissioner of the Reich Government or of a state government, or provokes to such a killing, or agrees to commit it, or accepts such an offer, or conspires with another for such a murder;

2. Anyone who under Section 115 (2) of the Criminal Code (serious rioting) or of Section 125 (2) of the Criminal Code (serious disturbance of the peace) commits the act with arms or cooperates consciously and intentionally with an armed person;

3. Anyone who commits a kidnapping under Section 239 of the Criminal with the intention of making use of the kidnapped person as a hostage in the political struggle.

Section 6
This decree enters in force on the day of its promulgation.
Reich President
Reich Chancellor
Reich Minister of the Interior
Reich Minister of Justice

End

Following see HR 6304 “(2) Probable Cause” section under (C)(Order):

It is necessary to read entire FISA Amendments Act of 2008 to ascertain its low standards of “Probable Cause” to wiretap and spy on persons in the U.S.

Example: Following is HR 6304 “(2) Probable Cause” section under (C)(Order):

Note how the weak word “May” in this “Probable Cause” paragraph of HR 6304 misleads readers to believe this provision shall protect U.S. Citizens and other persons in the U.S. from Government agents violating their Constitutional rights. That HR 6304 paragraph is shown below: see how the Act’s Probable Cause wording “may” undermines protection for persons in the U.S. exercising 1st Amendment rights.

This is from HR 6304 “(2) Probable Cause” section under (C)(Order):
“No United States person may be considered a foreign power, agent of a foreign power, or officer or employee of a foreign power solely upon the basis of activities protected by the first amendment to the Constitution of the United States.”

The House inserted the weak word “may” and failed to insert, e.g., “SHALL NOT” which legally would have been more binding on Government and police not to violate the 1st and 4th Amendments rights of U.S. Citizens. Consequently it will be harder for persons in the U.S. to defend against U.S. Government wiretap evidence.

This vague language of THE FISA AMENDMENTS ACT OF 2008 should concern U.S. Activists that network with other activists, especially with groups overseas. For example, the Stop the War Campaign and labor groups’ transcend countries. Some of those country’s governments strongly oppose U.S. policies.

After the Senate passes HR 6304, U.S. Activists who network, especially with international activists, run the risk they “MAY BE CONSIDERED” by U.S. Government, agents of a foreign power if they support causes opposed by the Government. Historically it has not been beyond this U.S. Government to make such charges.

The FISA AMENDMENTS ACTS OF 2008 will permit massive U.S. Government surveillance of electronic communications going out of and coming into the United States, with minimum court oversight. U.S. Government may also use several broad provisions of the Patriot Act to further its domestic surveillance.
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by D.C.
More frequently U.S. Senators can be seen on Television reading sections of HR 6304 which they claim will protect lawful persons in the U.S. from being targeted by government wiretaps.

Not mentioned by Senators, is that THE FISA AMENDMENTS ACT OF 2008 has a low level of “probable cause” that will permit Government to wiretap U.S. phone calls, faxes and emails.
Bush Administration may be able to go back before 911 to use Illegal-wiretap evidence against Americans.

Previously U.S. prosecutors were not allowed access to the Justice Department’s “intelligence files” for domestic criminal prosecutions. In 2003 a court ruling lowered that barrier, allowing prosecutors to review old surveillance. In 2003, Attorney General John Ashcroft asked government prosecutors to review thousands of old intelligence files including wiretaps to retrieve information prosecutors could use in “ordinary criminal prosecutions.”

See http://www.securityfocus.com/news/5452
WASHINGTON (AP) - "U.S. reviewing old, secret surveillance files in terrorism investigations." “4,500 files.” By, Ted Bridis, The Associated Press 2003-06-04.
See: April 2009 IMC San Francisco Story:
http://www.indybay.org/newsitems/2009/04/07/18586797.php

Obama Embraces Bush Position on Warrantless Wiretapping

DOJ Claims Illegal Surveillance Protected by "Sovereign Immunity", Keeps Straight Face

The federal government has finally responded to Jewel v. NSA, a lawsuit against dragnet warrantless wiretapping filed last September by the Electronic Frontier Foundation (EFF).

In a motion filed on Friday, April 3rd, the Obama Dept. of Justice (DOJ) demanded that the entire lawsuit be dismissed based on both the Bush administration's claim that a "state secrets" privilege bars any lawsuits against the executive branch for illegal spying, as well as a novel "sovereign immunity" claim that the Patriot Act bars any lawsuits of any kind for illegal government surveillance, unless there was "willful disclosure" of the illegally intercepted communications.

According to EFF senior staff attorney Kevin Bankston, "this is the first time [the DOJ] claimed sovereign immunity against Wiretap Act and Stored Communications Act [SCA] claims. In other words, the administration is arguing that the U.S. can never be sued for spying that violates federal surveillance statutes, whether FISA, the Wiretap Act or the SCA."

Since at least 2001, AT&T and other major telecommunications carriers have apparently been engaged in a massive operation allowing the NSA to eavesdrop and record all voice and data communication. On Sept. 18th, 2008, San Francisco-based EFF filed a lawsuit in federal court against the NSA on behalf of five California AT&T customers to stop the ongoing surveillance of their telephone and internet communications. The plaintiffs are also suing the President, Vice President and other officials who ordered or participated in the warrant-less wiretapping.
Re: Top Obama Czar Cass Sunstein
Infiltrate all 'conspiracy theorists'

From a recent news report, it appears Obama CZAR Cass Sunstein, supports infiltrating and spying on Americans, their groups and organizations to obstruct Free Speech, disrupt the exchange of ideas and disseminate false information to neutralize Americans that might question government.
See: http://www.wnd.com/?pageId=121884

Obama’s CZAR’s proposal appears to duplicate Rep. Jane Harman's "Violent Radicalization and Homegrown Terrorism Prevention Act" HR 1955, introduced in 2007 that stressed disrupting political and other groups without evidence of wrongdoing. Interestingly Obama refused to take a position on this bill.

Rep. Harman's "Violent Radicalization and Homegrown Terrorism Prevention Act" was not written exactly like the Nazi 1933 Discriminatory Decrees that suspended the Reich Constitution, but could bring America to the same place by trashing America’s civil liberties. The "Violent Radicalization and Homegrown Terrorism Prevention Act" when closely examined, defined "homegrown terrorism" as "any planned act" that might use force to coerce the U.S. Government or its people to promote or accomplish a "political or social objective." No actual force need occur. Government need only charge that an individual or group “Thought” about doing it. This bill was passed by Congress but later died in a Senate Committee after Americans became angry upon learning about it.

Currently—the U.S. Government has already laid the groundwork for the covert infiltration of Americans. Since 9/11 federal government has established across the nation more than 112 Fusion Centers. Fusion Centers were originally established to improve the sharing of anti-terrorism intelligence among different state, local and federal law enforcement agencies. But has since expanded with encouragement of the federal government to pursue all crimes and hazards. Fusion Centers now pursue for analysis not just criminal and terrorist information, but any information that can be derived from police, public records and private sector data about Americans. Fusion Centers increasingly are involving components of the U.S. Military in addition to other government entities to spy on Citizens. Fusion centers heavily rely on local informants for information that is shared with Local, State, and Federal police agencies. Recently the Department of Homeland Security began sharing more classified Military information with local Fusion Centers; perhaps a mistake; historically local police have not kept secrets.

Because approximately 40 Fusion Centers appear to operate more independently than others, it is not possible to generalize the mission of Fusion Centers. Some Fusion Centers however, take advantage of ambiguous lines of authority to manipulate differences in federal, state and local laws to maximize information collection. Increasingly (private security companies and their operatives) work so closely with law enforcement and Fusion Centers—providing and exchanging information about Americans, they appear to merge with police. That is what happened in Germany during the 1930’s when a private Gestapo merged its operations with German State Police. Fusion Centers exchange information with select U.S. private sector companies; that has enabled fusion centers to escape accountability and public oversight.

While the press on occasion has discussed Fusion Centers invading the privacy of Citizens, media missed Fusion Centers’ involvement in criminal and civil asset forfeitures. It was problematic law enforcement and private government contractors would gain wider access to Fusion Center data to secure evidence to arrest Americans and or civilly forfeit their homes, inheritances and businesses under Title 18USC and other laws to keep part of the assets.
See: http://www.wnd.com/?pageId=121884
Compare below: is McCain’s March 4, 2010 bill worse than “Hitler’s Discriminatory Laws signed February 28, 1933?”
Sen. McCain Introduced: S.3081 - Enemy Belligerent, Interrogation, Detention, and Prosecution Act of 2010 / That Can Disappear Americans.
See S.3081: http://assets.theatlantic.com/static/mt/assets/politics/ARM10090.pdf

1933. ROBL. I 83.

DECREE OF THE REICH PRESIDENT FOR THE PROTECTION OF
THE PEOPLE AND STATE

Note: Based on translations by State Department, National Socialism, 1942 PP. 215-17, and Pollak, J.K., and Heneman, H.J., The Hitler Decrees, (1934), pp. 10-11.7

In virtue of Section 48 (2) of the German Constitution, the following is decreed as a defensive measure against Communist acts of Violence, endangering the state:

Section 1
Sections 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association, and violations of the privacy of postal, telegraphic, and telephonic communications, and warrants for house-searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.

Section 2
If in a state the measures necessary for the restoration of public security and order are not taken, the Reich Government may temporarily take over the powers of the highest state authority.

Section 4
Whoever provokes, or appeals for or incites to the disobedience of the orders given out by the supreme state authorities or the authorities subject to then for the execution of this decree, or the orders given by the Reich Government according to Section 2, is punishable—insofar as the deed, is not covered by the decree with more severe punishment and with imprisonment of not less that one month, or with a fine from 150 up to 15,000 Reichsmarks.

Who ever endangers human life by violating Section 1, is to be punished by sentence to a penitentiary, under mitigating circumstances with imprisonment of not less than six months and, when violation causes the death of a person, with death, under mitigating circumstances with a penitentiary sentence of not less that two years. In addition the sentence my include confiscation of property.

Whoever provokes an inciter to or act contrary to public welfare is to be punished with a penitentiary sentence, under mitigating circumstances, with imprisonment of not less than three months.

Section 5
The crimes which under the Criminal Code are punishable with penitentiary for life are to be punished with death: i.e., in Sections 81 (high treason), 229 (poisoning), 306 (arson), 311 (explosion), 312 (floods), 315, paragraph 2 (damage to railroad properties, 324 (general poisoning).

Insofar as a more severe punishment has not been previously provided for, the following are punishable with death or with life imprisonment or with imprisonment not to exceed 15 years:

1. Anyone who undertakes to kill the Reich President or a member or a commissioner of the Reich Government or of a state government, or provokes to such a killing, or agrees to commit it, or accepts such an offer, or conspires with another for such a murder;

2. Anyone who under Section 115 (2) of the Criminal Code (serious rioting) or of Section 125 (2) of the Criminal Code (serious disturbance of the peace) commits the act with arms or cooperates consciously and intentionally with an armed person;

3. Anyone who commits a kidnapping under Section 239 of the Criminal with the intention of making use of the kidnapped person as a hostage in the political struggle.

Section 6
This decree enters in force on the day of its promulgation.

Reich President
Reich Chancellor
Reich Minister of the Interior
Reich Minister of Justice
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