The Patriot Act declares that any agent of the executive branch of
government can do anything he wants to an American citizen
under the guise of protection from crime and/or terrorism.
Here is one section from the infamous Patriot Act as passed
into law by the US Congress in 2001 and expanded since.
Ask the Patriot Act, "who is a terrorist?"
Section 802 reads that YOU are a terrorist if the president
or his designee so declares.
Now ask the Patriot Act, "who is a criminal?"
Section 802 reads that YOU are a criminal if the president
or his designee so declares you a terrorist.
Note that this document specifies that a terrorist may be
*any* person so designated by the Secretary of State or the
Attorney General OR, *any* person suspected of violating any
federal or state criminal law OR *any* person suspected of
actually or intending to, intimidate or coerce any person.
In others words, any person accused of a crime can be designated
a terrorist.
Here's the law...
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SEC. 802. DEFINITION OF DOMESTIC TERRORISM.
(a) DOMESTIC TERRORISM DEFINED- Section 2331 of title 18,
United States Code, is amended--
(1) in paragraph (1)(B)(iii), by striking `by assassination
or kidnapping' and inserting `by mass destruction,
assassination, or kidnapping';
(2) in paragraph (3), by striking `and';
(3) in paragraph (4), by striking the period at the end and
inserting `; and'; and
(4) by adding at the end the following:
`(5) the term `domestic terrorism' means activities that--
`(A) involve acts dangerous to human life that are a violation
of the criminal laws of the United States or of any State;
`(B) appear to be intended--
`(i) to intimidate or coerce a civilian population;
`(ii) to influence the policy of a government by intimidation
or coercion; or
`(iii) to affect the conduct of a government by mass
destruction, assassination, or kidnapping; and
`(C) occur primarily within the territorial jurisdiction of
the United States.'.
(b) CONFORMING AMENDMENT- Section 3077(1) of title 18, United
States Code, is amended to read as follows:
`(1) `act of terrorism' means an act of domestic or
international terrorism as defined in section 2331;'.
++++++++++++++
Comments:
Terrorism then is any activity that may:
`(A) involve acts dangerous to human life that are a violation
of the criminal laws of the United States or of any State;
...or an act that may:
`(B) appear to be intended--
`(i) to intimidate or coerce a civilian population;
`(ii) to influence the policy of a government by
intimidation or coercion; or
`(iii) to affect the conduct of a government by mass
destruction, assassination, or kidnapping; and
`(C) occur primarily within the territorial jurisdiction
of the United States.'.
Which could apply to any criticism of government or politicians
or half of the material on the NGs.
Note the wording for amending Section 3077(1) of title 18,
United States Code, it is is amended to read:
`(1) `act of terrorism' means an act of domestic or
international terrorism as defined in section 2331;'.
Which effectively means that "domestic" terrorism is the same as
"international" terrorism.
Further as we see in Sec.411 below, that a terrorist is ...
`(aa) a foreign terrorist organization, as designated by the
Secretary of State under section 219, or
`(bb) a political, social or other similar group whose public
endorsement of acts of terrorist activity the Secretary of
State has determined undermines United States efforts to
reduce or eliminate terrorist activities,';
Summary of this portion of Section 802 - A terrorist is any
person suspected of violating any federal or state criminal
law OR any person suspected of actually or intending to,
intimidate or coerce any person.
continuing...
+++++++++++++
SEC. 411. DEFINITIONS RELATING TO TERRORISM.
(a) GROUNDS OF INADMISSIBILITY- Section 212(a)(3) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(3))
is amended--
(1) in subparagraph (B)--
(A) in clause (i)--
(i) by amending subclause (IV) to read as follows:
`(IV) is a representative (as defined in clause (v))
of--
`(aa) a foreign terrorist organization, as designated by the
Secretary of State under section 219, or
`(bb) a political, social or other similar group whose public
endorsement of acts of terrorist activity the Secretary
of State has determined undermines United States
efforts to reduce or eliminate terrorist activities,';
(ii) in subclause (V), by inserting `or' after `section 219,';
and
(iii) by adding at the end the following new subclauses:
`(VI) has used the alien's position of prominence
within any country to endorse or espouse terrorist
activity, or to persuade others to support terrorist
activity or a terrorist organization, in a way that
the Secretary of State has determined undermines
United States efforts to reduce or eliminate
terrorist activities, or
`(VII) is the spouse or child of an alien who is
inadmissible under this section, if the activity
causing the alien to be found inadmissible
occurred within the last 5 years,';
(B) by redesignating clauses (ii), (iii), and (iv) as clauses
(iii), (iv), and (v), respectively;
(C) in clause (i)(II), by striking `clause (iii)' and
inserting `clause (iv)';
(D) by inserting after clause (i) the following:
`(ii) EXCEPTION- Subclause (VII) of clause (i) does not
apply to a spouse or child--
`(I) who did not know or should not reasonably
have known of the activity causing the alien to be
found inadmissible under this section; or
`(II) whom the consular officer or Attorney
General has reasonable grounds to believe has
renounced the activity causing the alien to be
found inadmissible under this section.';
(E) in clause (iii) (as redesignated by subparagraph (B))--
(i) by inserting `it had been' before `committed in the
United States'; and
(ii) in subclause (V)(b), by striking `or firearm' and
inserting `, firearm, or other weapon or dangerous
device';
(F) by amending clause (iv) (as redesignated by
subparagraph (B)) to read as follows:
`(iv) ENGAGE IN TERRORIST ACTIVITY DEFINED- As
used in this chapter, the term `engage in terrorist
activity' means, in an individual capacity or as a member
of an organization--
`(I) to commit or to incite to commit, under
circumstances indicating an intention to cause
death or serious bodily injury, a terrorist activity;
`(II) to prepare or plan a terrorist activity;
`(III) to gather information on potential targets for
terrorist activity;
`(IV) to solicit funds or other things of value for--
`(aa) a terrorist activity;
`(bb) a terrorist organization described in clause (vi)(I) or
(vi)(II); or
`(cc) a terrorist organization described in clause (vi)(III),
unless the solicitor can demonstrate that he did not
know, and should not reasonably have known, that the
solicitation would further the organization's terrorist
activity;
`(V) to solicit any individual--
`(aa) to engage in conduct otherwise described in this clause;
`(bb) for membership in a terrorist organization described in
clause (vi)(I) or (vi)(II); or
`(cc) for membership in a terrorist organization described in
clause (vi)(III), unless the solicitor can demonstrate
that he did not know, and should not reasonably have
known, that the solicitation would further the
organization's terrorist activity; or
`(VI) to commit an act that the actor knows, or
reasonably should know, affords material support,
including a safe house, transportation,
communications, funds, transfer of funds or other
material financial benefit, false documentation or
identification, weapons (including chemical,
biological, or radiological weapons), explosives,
or training--
`(aa) for the commission of a terrorist activity;
`(bb) to any individual who the actor knows, or reasonably
should know, has committed or plans to commit a
terrorist activity;
`(cc) to a terrorist organization described in clause (vi)(I)
or (vi)(II); or
`(dd) to a terrorist organization described in clause
(vi)(III), unless the actor can demonstrate that he did
not know, and should not reasonably have known, that the
act would further the organization's terrorist activity.
This clause shall not apply to any material support
the alien afforded to an organization or individual
that has committed terrorist activity, if the
Secretary of State, after consultation with the
Attorney General, or the Attorney General, after
consultation with the Secretary of State,
concludes in his sole unreviewable discretion, that
this clause should not apply.'; and
(G) by adding at the end the following new clause:
`(vi) TERRORIST ORGANIZATION DEFINED- As used in clause (i)(VI)
and clause (iv), the term `terrorist organization'
means an organization--
`(I) designated under section 219;
`(II) otherwise designated, upon publication in the
Federal Register, by the Secretary of State in
consultation with or upon the request of the
Attorney General, as a terrorist organization, after
finding that the organization engages in the
activities described in subclause (I), (II), or (III)
of clause (iv), or that the organization provides
material support to further terrorist activity; or
`(III) that is a group of two or more individuals,
whether organized or not, which engages in the
activities described in subclause (I), (II), or (III)
of clause (iv).'; and
(2) by adding at the end the following new subparagraph:
`(F) ASSOCIATION WITH TERRORIST ORGANIZATIONS- Any alien who the
Secretary of State, after consultation with the Attorney
General, or the Attorney General, after consultation with
the Secretary of State, determines has been associated with
a terrorist organization and intends while in the United
States to engage solely, principally, or incidentally
in activities that could endanger the welfare, safety, or
security of the United States is inadmissible.'.
(b) CONFORMING AMENDMENTS-
(1) Section 237(a)(4)(B) of the Immigration and Nationality Act
(8 U.S.C. 1227(a)(4)(B)) is amended by striking `section
212(a)(3)(B)(iii)' and inserting `section
212(a) (3)(B)(iv)'.
(2) Section 208(b)(2)(A)(v) of the Immigration and Nationality
Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended by striking `or
(IV)' and inserting `(IV), or (VI)'.
(c) RETROACTIVE APPLICATION OF AMENDMENTS-
(1) IN GENERAL- Except as otherwise provided in this
subsection, the amendments made by this section shall take
effect on the date of the enactment of this Act and shall
apply to--
(A) actions taken by an alien before, on, or after such date;
and
(B) all aliens, without regard to the date of entry or
attempted entry into the United States--
(i) in removal proceedings on or after such date (except for
proceedings in which there has been a final administrative
decision before such date); or
(ii) seeking admission to the United States on or after such
date.
(2) SPECIAL RULE FOR ALIENS IN EXCLUSION OR DEPORTATION
PROCEEDINGS- Notwithstanding any other provision of law,
sections 212(a)(3)(B) and 237(a)(4)(B) of the Immigration
and Nationality Act, as amended by this Act, shall apply
to all aliens in exclusion or deportation proceedings on or
after the date of the enactment of this Act (except for
proceedings in which there has been a final administrative
decision before such date) as if such proceedings were
removal proceedings.
(3) SPECIAL RULE FOR SECTION 219 ORGANIZATIONS AND
ORGANIZATIONS DESIGNATED UNDER SECTION 212(a)(3)(B)(vi)(II)-
(A) IN GENERAL- Notwithstanding paragraphs (1) and (2), no alien
shall be considered inadmissible under section 212(a)(3) of
the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)),
or deportable under section 237(a)(4)(B) of such Act (8
U.S.C. 1227(a)(4)(B)), by reason of the amendments made by
subsection (a), on the ground that the alien engaged in
a terrorist activity described in subclause (IV)(bb),
(V)(bb), or (VI)(cc) of section 212(a)(3)(B)(iv) of such Act
(as so amended) with respect to a group at any time when the
group was not a terrorist organization designated by the
Secretary of State under section 219 of such Act (8 U.S.C.
1189) or otherwise designated under section
212(a)(3)(B)(vi)(II) of such Act (as so amended).
(B) STATUTORY CONSTRUCTION- Subparagraph (A) shall not be
construed to prevent an alien from being considered
inadmissible or deportable for having engaged in a terrorist
activity--
(i) described in subclause (IV)(bb), (V)(bb), or (VI)(cc) of
section 212(a)(3)(B)(iv) of such Act (as so amended) with
respect to a terrorist organization at any time when such
organization was designated by the Secretary of State under
section 219 of such Act or otherwise designated under
section 212(a)(3)(B)(vi)(II) of such Act (as so amended);
or
(ii) described in subclause (IV)(cc), (V)(cc), or (VI)(dd) of
section 212(a)(3)(B)(iv) of such Act (as so amended) with
respect to a terrorist organization described in section
212(a)(3)(B)(vi)(III) of such Act (as so amended).
(4) EXCEPTION- The Secretary of State, in consultation with the
Attorney General, may determine that the amendments made by
this section shall not apply with respect to actions
by an alien taken outside the United States before the date
of the enactment of this Act upon the recommendation of a
consular officer who has concluded that there is not
reasonable ground to believe that the alien knew or
reasonably should have known that the actions would further a
terrorist activity.
(c) DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS- Section
219(a) of the Immigration and Nationality Act (8 U.S.C.
1189(a)) is amended--
(1) in paragraph (1)(B), by inserting `or terrorism (as defined
in section 140(d)(2) of the Foreign Relations Authorization
Act, Fiscal Years 1988 and 1989 (22 U.S.C.
2656f(d)(2)), or retains the capability and intent to engage
in terrorist activity or terrorism' after `212(a)(3)(B)';
(2) in paragraph (1)(C), by inserting `or terrorism' after
`terrorist activity';
(3) by amending paragraph (2)(A) to read as follows:
`(A) NOTICE-
`(i) TO CONGRESSIONAL LEADERS- Seven days before
making a designation under this subsection, the Secretary
shall, by classified communication, notify the Speaker and
Minority Leader of the House of Representatives, the
President pro tempore, Majority Leader, and Minority Leader
of the Senate, and the members of the relevant committees
of the House of Representatives and the Senate, in writing,
of the intent to designate an organization under this
subsection, together with the findings made under paragraph
(1) with respect to that organization, and the factual basis
therefor.
`(ii) PUBLICATION IN FEDERAL REGISTER- The Secretary shall
publish the designation in the Federal Register
seven days after providing the notification under clause
(i).';
(4) in paragraph (2)(B)(i), by striking `subparagraph (A)' and
inserting `subparagraph
(A)(ii)';
(5) in paragraph (2)(C), by striking `paragraph (2)' and
inserting `paragraph (2)(A)(i)';
(6) in paragraph (3)(B), by striking `subsection (c)' and
inserting `subsection (b)';
(7) in paragraph (4)(B), by inserting after the first sentence
the following: `The Secretary also may redesignate such
organization at the end of any 2-year redesignation period
(but not sooner than 60 days prior to the termination of
such period) for an additional 2-year period upon a finding
that the relevant circumstances described in paragraph (1)
still exist. Any redesignation shall be effective
immediately following the end of the prior 2-year
designation or redesignation period unless a different
effective date is provided in such redesignation.';
(8) in paragraph (6)(A)--
(A) by inserting `or a redesignation made under paragraph
(4)(B)' after `paragraph (1)';
(B) in clause (i)--
(i) by inserting `or redesignation' after `designation' the
first place it appears; and
(ii) by striking `of the designation'; and
(C) in clause (ii), by striking `of the designation';
(9) in paragraph (6)(B)--
(A) by striking `through (4)' and inserting `and (3)'; and
(B) by inserting at the end the following new sentence: `Any
revocation shall take effect on the date specified in the
revocation or upon publication in the Federal Register if no
effective date is specified.';
(10) in paragraph (7), by inserting `, or the revocation of a
redesignation under paragraph(6),' after `paragraph (5) or
(6)'; and
(11) in paragraph (8)--
(A) by striking `paragraph (1)(B)' and inserting `paragraph
(2)(B), or if a redesignation under this subsection has become
effective under paragraph (4)(B)';
(B) by inserting `or an alien in a removal proceeding' after
`criminal action'; and
(C) by inserting `or redesignation' before `as a defense'
(END SECTION)