Article Image
IPFS News Link • Patriot Act

Betraying the Constitution: Who Will Protect Us from an Unpatriotic Patriot Act?

• John Whitehead - Rutherford Institute

"It is the responsibility of the patriot to protect his country from its government."—Thomas Paine

While Congress subjects the nation to its impeachment-flavored brand of bread-and-circus politics, our civil liberties continue to die a slow, painful death by a thousand cuts.

Case in point: while Americans have been fixated on the carefully orchestrated impeachment drama that continues to monopolize headlines, Congress passed and President Trump signed into law legislation extending three key provisions of the USA Patriot Act, which had been set to expire on December 15, 2019.

Once again, to no one's surprise, the bureaucrats on both sides of the aisle—Democrats and Republicans alike—prioritized political grandstanding over principle and their oath of office to protect and defend the Constitution.

As Congressman Thomas Massie (R-Ky.) predicted:

Today, while everyone is distracted by the impeachment drama, Congress will vote to extend warrantless data collection provisions of the #PatriotAct, by hiding this language on page 25 of the Continuing Resolution (CR) that temporarily funds the government. To sneak this through, Congress will first vote to suspend the rule which otherwise gives us (and the people) 72 hours to consider a bill. The scam here is that Democrats are alleging abuse of Presidential power, while simultaneously reauthorizing warrantless power to spy on citizens that no President should have... in a bill that continues to fund EVERYTHING the President does... and waiving their own rules to do it. I predict Democrats will vote on a party line to suspend the 72 hour rule. But after the rule is suspended, I suspect many Republicans will join most Democrats to pass the CR with the Patriot Act extension embedded in it.

Massie was right: Republicans and Democrats have no problem joining forces in order to maintain their joint stranglehold on power.

The legislation passed the Senate with a bipartisan 74-to-20 vote. It squeaked through the House of Representatives with a 231-192 margin. And it was signed by President Trump—who earlier this year floated the idea of making the government's surveillance powers permanent—with nary a protest from anyone about its impact on the rights of the American people.

Spending bill or not, it didn't have to shake down this way, even with the threat of yet another government shutdown looming.

Congress could have voted to separate the Patriot Act extension from the funding bill, as suggested by Rep. Justin Amash, but that didn't fly. Instead as journalist Norman Solomon writes for Salon, "The cave-in was another bow to normalizing the U.S. government's mass surveillance powers."

That, right there, is the key to all of this: normalizing the U.S. government's mass surveillance powers.

In the 18 years since the USA Patriot Act—a massive 342-page wish list of expanded powers for the FBI and CIA—was rammed through Congress in the wake of the so-called 9/11 terror attacks, it has snowballed into the eradication of every vital safeguard against government overreach, corruption and abuse.

The Patriot Act drove a stake through the heart of the Bill of Rights, violating at least six of the ten original amendments—the First, Fourth, Fifth, Sixth, Seventh and Eighth Amendments—and possibly the Thirteenth and Fourteenth Amendments, as well.

The Patriot Act also redefined terrorism so broadly that many non-terrorist political activities such as protest marches, demonstrations and civil disobedience are now considered potential terrorist acts, thereby rendering anyone desiring to engage in protected First Amendment expressive activities as suspects of the surveillance state.

The Patriot Act justified broader domestic surveillance, the logic being that if government agents knew more about each American, they could distinguish the terrorists from law-abiding citizens—no doubt a reflexive impulse shared by small-town police and federal agents alike.

This, according to Washington Post reporter Robert O'Harrow, Jr., was a fantasy that "had been brewing in the law enforcement world for a long time." And 9/11 provided the government with the perfect excuse for conducting far-reaching surveillance and collecting mountains of information on even the most law-abiding citizen.

Federal agents and police officers are now authorized to conduct covert black bag "sneak-and-peak" searches of homes and offices while you are away and confiscate your personal property without first notifying you of their intent or their presence.

The law also granted the FBI the right to come to your place of employment, demand your personal records and question your supervisors and fellow employees, all without notifying you; allowed the government access to your medical records, school records and practically every personal record about you; and allowed the government to secretly demand to see records of books or magazines you've checked out in any public library and Internet sites you've visited (at least 545 libraries received such demands in the first year following passage of the Patriot Act).

In the name of fighting terrorism, government officials are now permitted to monitor religious and political institutions with no suspicion of criminal wrongdoing; prosecute librarians or keepers of any other records if they tell anyone that the government has subpoenaed information related to a terror investigation; monitor conversations between attorneys and clients; search and seize Americans' papers and effects without showing probable cause; and jail Americans indefinitely without a trial, among other things.

Free Talk Live