I did not know quite how to start this reply, I am going to take a step back and start over because I've clearly made a mistake in my presentation of the arguments... My fault, since I would expect much of this to be self-evident...
Prior to 9-11, Bush hadn't done anything exceptional, well... does anyone remember what he did before 9/11??
There has been alot of defense of Bush saying that he was out to 'protect america, and do the right things.' Bush had either 'seen the first plane hit on television, and thought 'what a terrible pilot' OR Was told that a plane crashed into the first tower and thought it was pilot error or a heart attack. 1, 2. This was between 8:48-9:00am. I will have to assume that it was the latter, simply because there was no video of the first plane hitting until days later.
Then, in the classroom reading an upside down book with some children(3), he was told at 8:03 that a second plane hit the second tower. bush then spends the next 16-20 minutes reading with the children in a 'photo-op', before FINALLY getting up and dealing with a terrorist attack. Bush defended this as 'maintaining an appearance of calm',
Maybe it's good that Bush was decided on war(6) but felt the need to conclude a 20 minute photo-op for the media... A time when he should at least have pardoned himself to get a full update of the situation... you know, give a few initial orders before returning (since it was important to maintain the calm in his opinion).
Anyway, we're discussing Bush, not 911. Though, after the attacks, Bush took the CIA briefers gut feeling "I would bet anything on Osama Bin Laden"... yet, the FBI has still failed to indict Bin Laden for the crimes on 9-11.(7) The only reason I've found cited was 'lack of evidence'/'no hard evidence' or something similar, if you can find a more recent, or different explanation, I'll listen.
So, there was the war on afghanistan. That was waged based on the opinion of one officer, and then repeated in the media untill it became true. So, we wage a war with afghanistan to get Osama bin ladin, because of 19 Saudi Terrorists?? Look, I understand the need to react somehow,
Then, Bush gets the idea for the need of a 'Patriot Act', it was as much a response to 9-11 as to the anthrax attacks, October 24, 2001, Senators voted on the bill. People were not allowed access to the bill untill the time of the vote. There is no debate, and noone read the bill before voting for it.(8) Whether this lack of debate or even knowledge of the bills that congress votes on.
To save time on the provisions, here are some that were brought up by the : San Francisco Crhonicle, Washington post, tampa tribunal, Village voice, and/or the Chicago Tribune. (8)
1) Non-citizens can be detained and deported if they provide “assistance” for lawful activities of any group the government chooses to call a terrorist organization. Under this provision the secretary of state can designate any group that has ever engaged in violent activity as a terrorist organization. Representative Patsy Mink notes that in theory supporters of Greenpeace could now be convicted for supporting terrorism.
2) Immigrants can be detained indefinitely, even if they are found not to have any links to terrorism. They can be detained indefinitely for immigration violations or if the attorney general decides their activities pose a danger to national security. They need never be given a trial or even a hearing on their status.
3) Internet service providers can be ordered to reveal the web sites and e-mail addresses that a suspect has communicated to or visited. The FBI need only inform a judge that the information is relevant to an investigation.
4) It “lays the foundation for a domestic intelligence-gathering system of unprecedented scale and technological prowess.” It allows the government to access confidential credit reports, school records, and other records, without consent or notification. All of this information can now be given to the CIA, in violation of the CIA’s mandate prohibiting it from spying within the US.
5) Financial institutions are encouraged to disclose possible violations of law or “suspicious activities” by any client. The institution is prohibited from notifying the person involved that it made such a report. The term “suspicious” is not defined, so it is up to the financial institutions to determine when to send such a report.
1) Refers to section 412. Since this deals with immigrants and illegal aliens, it would be debateable as to whether these individuals have yet gained contitutional protection.
Except, it does allow the Secretary of state to decide which organizations are 'terrorist'... so, at what point does 'unpopular' politics become terrorism? It's up to the secretary of state. This power threatans the first ammendment guaranteeing religious, political, and written freedom.
2) Also derives from section 412
3) From what I can tell this refers to sections 214, 215, 216 and 217. This IS unconstitutional. It allows for a violation of the fourth amendment, which states :
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
By acquiring internet surfing habits without the knowledge of the individual, without a warrant (only a letter to the ISP) is in a sense is assuming guilt untill the evidence shows their innocence. This also goes against Due process of law, and threatens Free speech.
4) This is section 206. Also a violation of the constitution for much the same reason as number 3.
5) Section 3 of the Patriot act goes into this and more. Is this unconstitutional? Debateable. Is this a violation of trust between yourself and your financial institution? Only if you, even inadvertantly, do something that gets flagged as 'suspicious'.(10, 11)
So, Bush proposed a bill with unconstitutional elements, let's look at the oath Bush took before going into office :
I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.
By pushing this act, he has defied his oath of office. If you take an oath and are shown to violate that oath, regardless of your intention, shouldn't that include consequences (ie: Impeachment)?
Bush himself claimed that the reason we were attacked was because the 'terrorists hate our freedoms' (which is a rediculous notion, since a 'freedom fighter' or 'terrorist', is not fighting their enemy which is freedom, but to free themselves from another groups oppression). One could argue that because we were attacked by those that 'hate freedom', and Bush proposed a law that would reduce our freedoms, that he was in fact HELPING the enemies. THIS is treason... as defined by the constitution.
Article 2 Section 4
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
[/quote]
Article 3 Section3
Treason against the United States, shall consist only in levying War against them,
or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.
The Congress shall have power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.[/quote]
Bush wasn't done there. In spite of the fact that, according to the AP, 22 cities have passed legislation to protect their cities from constitutional infringement brought on by the patriot act, and at the time (January, 2003) up to 70 other cities had legislation in the works .(12) How did Bush respond to this??
How was this act presented to congress? It was 'grafted on' to an intelligence spending bill. Then finally, March 9, 2006, the patriot act 2 was signed into law. bush claimed this was necessary to protect the people and to win the war on terror.(13)
instead of doing the right thing and allowing the unconstitutional elements of the first patriot act he added to it :
This is from the draft of the bill :
Patriot II Draft Legislation