Here's why Bush's call to bypass grand juries and for unprecedented subpoena powers is likely to meet with resistance. We posted the defense bar's objections here .

Don't miss Infoshop News' sourced and footnoted article on the dangers and false solutions in the Bush War on Terror.

The hypocrisy of the U.S. "war on terrorism" may be quite shameless, but this doesn't mean that anti-U.S. terrorism is a myth. It's a deadly serious matter that requires a serious response. The Bush administration has indeed responded -- with foreign invasions, high profile arrests that lead nowhere in particular, the black hole of Guantanamo Bay, endless hyped alerts, and the Patriot acts -- that is, with publicity and fear. But looked at practically, its "war on terrorism" is a fraud. It has only increased the dangers of terrorism abroad without protecting us from terrorism at home. It has used the issue of terrorism and the "war on terrorism" to further concentrate power and wealth in the hands of the few. Ashcroft has declared that those who criticize the Patriot Act are aiding terrorism.²³ Bush says we are either with him or against him in his "war on terrorism." If we care about our safety, not to mention justice and liberty, we'd better be against him.

Didn't take them long after Bush's Quantico speech, did it?

S 1604 (Specter, R-PA), to increase criminal penalties relating to terrorist
murders and deny federal benefits to terrorists, to Judiciary. S11349,
remarks and text S11351, CR 9/10/03.

S 1606 (Kyl, R-AZ), to strengthen and enhance public safety through pretrial detention and post release supervision of terrorists, to Judiciary. S11349,remarks and text S11353, CR 9/10/03.

[Thanks to Neal Sonnett, Esq. of Miami for the heads up]
Bills available on Thomas, the Federal Legislation Server. Just type in the bill numbers.

There's lots of misinformation going around about what's in Patriot Act I. If you want the straight scoop, a section by section analysis, published by Matthew Bender and Lexis Publishing, try this (we're proud to say we co-authored it.)

For an an in-depth, section-by section analysis of the Patriot Act, for only $19.00, check out Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001: An Analysis by Stanley Mailman; Jeralyn E. Merritt; Theresa M. B. Van Vliet; Stephen Yale-Loehr (published by Lexis Publishing and available on line through the link above or the Lexis.Com bookstore.)

"It contains expert analysis of the important substantive changes included in the Uniting and Strenthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001, Pub. L. No. 107-56, 115 Stat. 272. The organization of the pamphlet tracks the legislation, broken down into sections discussing the statute's provisions with respect to each of the following topics:

enhanced surveillance procedures
money laundering and financial crimes
protecting the border
investigation of terrorism
providing for the victims of terrorism, public safety officers, and their families
information sharing among federal and state authorities
strengthening the criminal laws against terrorism
improved intelligence

The authors describe the important changes made by the legislation and analyze the potential impact of those changes--both positive and negative."

We don't have anything unique to say about today being the anniversary of September 11. Our reader TK says, "light a candle."

Stephen Green of Vodka Pundit says he is angry, but not terrorized. Stephen is a terrific writer, and while most of the time we find we don't share his political beliefs, we respect him and always appreciate when he offers up a good read, as he does today.

For our part, we will stick to what we know, and continue to point out that the Administration's anti-terror laws do not make us safer, only less free.

Donald Rumsfeld today said that most of the detainees at Guantanamo Bay in Cuba will be held until the global war on terror ends but they will not be afforded trials.

Rumsfeld said the 660 or so men held at the Guantanamo Bay naval base are imprisoned not as punishment but "to keep them from going back and fighting again and killing people." He said most would be held until the global war on terrorism is over - a fight that Rumsfeld has said could last years, if not decades.

The defense secretary said he expects some suspects to be tried before military tribunals but prefers that most continue to be imprisoned indefinitely.

"Our interest is in not trying them and letting them out," he said in a question-and-answer session after a speech to the National Press Club. "Our interest is in - during this global war on terror - keeping them off the streets, and so that's what's taking place."

So we're going to continue to pay to incarcerate hundreds of men for possibly decades? With no criminal charges, no access to a lawyer and no judicial hearings or trials? What country is this?

The criticism of Bush's new Patriot Act starts slow, a few paragraphs at the end of a news article otherwise devoted to his speech and his supporters. But it's there. And if you join in, and call your elected officials in Congress at their toll-free number, it will grow louder and louder until we can't be ignored.

From the Knights Ridder News Service....in major newspapers tonight around the country (14 so far):

Critics of the original Patriot Act wasted no time Wednesday in attacking the administration's call for extending its reach.

"Politically and legally, further erosions of judicial oversight and the basic checks and balances that protect us and our democracy from political abuses of power are the wrong path to take," said Charlie Mitchell, legislative counsel with the American Civil Liberties Union.

Denver lawyer Jeralyn Merritt, the treasurer of the National Association of Criminal Defense Lawyers, called the proposed provisions dangerous.

"We are watering down judicial oversight to the point that it's meaningless and giving away much too much power to the executive branch," she said. "Once you give up power to the government, very rarely do you ever get it back."

Toll Free Switchboard: 1-800-839-5276 . Call now. Call often. Your voice counts.

Update: More than six bills have been introduced in Congress to repeal portions of Patriot Act I--Bush has threatened to veto them.

The new death penalty provisions Bush announced today as part of his new terrorism bill (consisting of three provisions of Patriot Act II) should scare everyone. There is no intent to kill requirement. Death by tragedy is sufficient.

Consider this--as the ACLU has done:

While the DOJ labels this provision as providing for the death penalty for terrorist “murders,” there is no language in the text that requires any showing by the government of an intent by the defendant to kill; it is sufficient that death results from the defendant’s actions.

Some of the ACLU's examples:

• Protesters at Vieques Island, the military bombing range, cut a fence to trespass and a bomb explodes killing one of the protesters. The surviving protesters could face the death penalty.

• Or if Greenpeace try to block an oil tanker from entering a port to protest the company's safety record and a crew member drowns while attempting to block the activists' boat, the activists could face the death penalty.

Dangerous protest activities should not be treated as terrorism. And death penalty eligible offenses should require an intent to kill.

Unbelievable. Bush and Ashcroft's lust for power knows no bounds. On the eve of the second anniversary of 9/11, Bush will make a speech at 3:15 ET today announcing a new terror bill--a remake of the bill known as Patriot Act II. Bush got busted earlier this year trying to sneak Patriot Act II to Dennis Hastert, the Speaker of the House, and when it got leaked to the media, he took it off the drawing board. Many, including us, have been warning that the Administration was not going to give up, but rather, give the bill shiny new packaging and introduce it piecemeal, so as to prevent an uproar of criticism.

A few of the provisions have already been passed. Today, Bush will announce a few more, including expanded use of the death penalty, denial of bail to terror suspects, and allowing investigators bypass grand juries to issue subpoenas.

This stinks. Here are the details of the three major provisions:

* Allowing law enforcement authorities to bypass a judge or grand jury and issue "administrative subpoenas" in terrorism investigations where "time is of the essence." Such authority is available in other types of investigations such as drug probes, McClellan said.

* Denying bail for terrorism suspects, to prevent them from fleeing. Bush was to cite as an example of the need for such legislation a case where a material witness in a terrorism case fled after being released on bail, McClellan said.

* Imposing the federal death penalty for terror-related crimes, such as sabotage of a military or nuclear facility "in a way that takes innocent life."

Protest loud. Protest often. These are your rights and civil liberties at stake. Ashcroft and the Justice Department are misleading the public as to the effect of the Patriot Act on average Americans.

Read this new report from People for the American Way and learn what freedoms you have already lost from the Bush and Ashcroft assault on the Constitution.

The first response we've read comes from Senator Patrick Leahy's office:

A Senate Democratic aide said he was unfamiliar with details of the legislation Bush is proposing, but said the action appears to violate a pledge by U.S. Attorney General John Ashcroft.

"The attorney general has repeatedly promised to consult with Congress in drafting any sequel to the Patriot Act. To this point, that has not happened," said David Carle, spokesman for Vermont Sen. Patrick Leahy, ranking Democrat on the Senate Judiciary Committee.

It's coming to an airport near you. Soon. CAPPS--the color coded passenger risk system.

In the most aggressive -- and, some say, invasive -- step yet to protect air travelers, the federal government and the airlines will phase in a computer system next year to measure the risk posed by every passenger on every flight in the United States.

The new Transportation Security Administration system seeks to probe deeper into each passenger's identity than is currently possible, comparing personal information against criminal records and intelligence information. Passengers will be assigned a color code -- green, yellow or red -- based in part on their city of departure, destination, traveling companions and date of ticket purchase.

The system works just like a traffic light. If your code is green, you've got nothing to worry about. If your code is yellow, proceed to the next security checkpoint for more scrutiny. If you get a red....sorry, you can't board at all.

Attorney General John Ashcroft winds up his Patriot Act tour in New York Tuesday.

He was met by protesters in Buffalo Monday, some carrying signs that read, "One Nation, Under Surveillance."

That about says it all.

The Washington Post reports on the state of the Homeland Security Agency, calling it Government's Hobbled Giant :

Six months after it was established to protect the nation from terrorism, the Department of Homeland Security is hobbled by money woes, disorganization, turf battles and unsteady support from the White House, and has made only halting progress toward its goals, according to administration officials and independent experts.

Not only have the two highest-ranking officials under Tom Ridge resigned, but 15 others refused requests to apply for their jobs.

The agency was created in March. It combined 22 federal agencies with 170.000 employees.

Efforts to organize the government's 10 or so disparate lists of potential terrorism suspects, secure airline cargo against terrorist plots and advise local police and firefighters on training and equipment have all foundered, the officials said.

"Not a lot is getting done at the top of the department, and nobody's making them focus on it," said a White House official who handles homeland security issues and who asked not to be identified. "Nobody's got the fortitude to say, 'Sit down and shut up.' . . . It's sad."

Very sad.

Attorney General John Ashcroft has taken his Patriot Act road show to Norway. On the last day of his four day visit, he warns about a suspected terrorist in Norway, and suggests if he's extradited, the death penalty can be avoided:

Ashcroft said a ban by European nations including Norway on extraditing suspects to countries such as the United States where they might risk the death penalty for their alleged crimes could be skirted round if necessary.

"European countries do extradite individuals to the United States. They sometimes require in specific cases that there won't be the likelihood or the possibility of the death penalty," he said. "It could be an option in any (legal) case that we would negotiate extradition based on those kinds of considerations," he said, referring to demands that the death penalty not be applied.

The U.S. has not yet sought the extradition of Mullah Krekar, an ex-Kurd leader and founder of the Ansar al-Islam group in northern Iraq, who is currently living in Norway.

On Friday, Ashcroft talked to reporters in Oslo about weapons of mass destruction:

US Attorney General John Ashcroft said on Friday it was likely that components of Saddam Hussein’s alleged nuclear weapons programme would eventually be found in Iraq.

“We’ve already found a number of things which are troublesome, things that relate to the development of the evil chemistry and evil biology that could be very dangerous to the human kind,” Ashcroft told reporters during a visit to Oslo.

Despite urgings from Norway's Justice Minister, Ashcroft also pledged that the U.S. would not change its mind about refusing to provide P.O.W. status to the detainees at Guanatanamo: