In the wake of the tragic bombing of the federal government building in Oklahoma City, the "Omnibus Counter-Terrorism Bill" is being pushed through Congress. Backers claim that the government needs more police powers to combat terrorism.
In reality, the "Counter-Terrorism Bill" will do nothing new to combat international terrorism - but it will do a lot to restrict the rights and freedoms of American citizens right here at home.
Does the government really need new laws to fight terrorists? Every act that a terrorist might commit - murder or injury to people, and destruction of property, is already a crime, with laws prescribing harsh punishments. The U.S. government has the most powerful military, intelligence, and law-enforcement capabilities in the world, plus working agreements with many government agencies abroad - even the Russian KGB. The FBI, CIA, etc. can readily deal with real threats.
Wide Support - Within The Government
Contrary to many media reports, the CTB is not a response to the Oklahoma City bombing. The FBI drafted it last year, and it was cleared by the Justice Department and the White House. The "Omnibus Counter-Terrorism Bill" (S390/HR896) was submitted to both houses of Congress on February 10, 1995 - two months before the bombing - with bi-partisan backing. Original Senate sponsors included Democrats Joe Biden (DE), Bob Kerry (NE), along with Republicans Arlen Specter (PA) and Alfonse D'Amato (NY). House sponsors included arch gun prohibitionist Charles Shumer (D-NY). Many in the bureaucracy and both parties have supported new laws in recent years that have been increasing the federal government's police powers, including the use of the US military in domestic law-enforcement. This bill is a quantum leap. Two major sections could destroy freedom in America.
Dictatorship In The Making?
If passed, the "Counter-Terrorism Bill" would allow the President to single-handedly declare any person or organization "terrorist" - by his own definition. Numerous places in the bill have language similar to Section 3(46)b(2) ". . . to prevent persons and organizations within the jurisdiction of the United States from providing funds [or any other support], directly or indirectly, including subordinate or affiliate persons, designated by the President as engaging in terrorism . . .". Section 301(c)6 states that these presidential rulings shall be considered to be conclusive and can't be appealed in court!
The Attorney General would be given broad new enforcement powers as well. Suspects would be considered guilty unless proven innocent, and would not be allowed to know the source or nature of the evidence brought against them if the Justice Department declares it off-limits for "national security" reasons. They can be held without bail. Visiting aliens could be summarily deported for any reason. Resident "green card" aliens get a hearing, but could still be deported without a crime being proven. US citizens could be put in jail for up to ten years and pay a $250,000 fine if declared guilty.
These sections violate the traditional American system of justice that has protected the rights of citizens for over 200 years - separation of powers, presumption of innocence, and taking no one's life or property without due process of law.
Civil libertarians have spoken out against the above provisions of the bill, and much of the media has supported their criticisms. But there is an enormous threat to your life, liberty and property contained in the bill that has been scarcely mentioned in the media.
Speak Out - And Lose Your Property!
CTB Section 603 incorporates all "terrorist" crimes into the RICO (Racketeer-Influenced Criminal Organization) civil asset forfeiture statutes. If you are merely accused of "interfering" or "impeding" or "threatening" a current or former federal employee, the government could seize all of your property under "conspiracy to commit terrorism" charges. A recent addition to the bill would designate all local gun-related charges as federal terrorist crimes.
Abuses are already rampant under these civil-forfeiture laws. Under these laws, the property is charged with facilitating a crime, and it is considered to become the property of the government at the time of the alleged crime. The owner is forced to prove that it is innocent - which is usually impossible. The government then keeps the loot. Federal and state agencies and local police are encouraged to make seizures - and they get to keep the property for their own use! Anonymous informants may make accusations, and get a cut of the loot! "Seizure fever" has led to 5,000 homes, bank accounts and cars being seized each week in the US! And 80% of the victims are never even charged with any criminal offense, much less convicted! The "Counter-Terrorism Bill" would vastly expand such property seizures.
Crushing Political Opposition
You can imagine how these laws could be used against critics of the government. Bill Clinton and his cronies have specifically blamed "anti-government rhetoric" for helping to incite the Oklahoma bombing. Do you want to give Clinton, or any President, the sole arbitrary power to decide who is a "terrorist"? Do you want to give any government agent, or informant, the power to wipe out you and your family's future on a whim? Do you want to live in constant fear for saying the wrong
thing to the wrong person?
Attacks on dissidents will happen if this bill passes. The CTB would authorize "covert action" by government agents to infiltrate and disrupt suspected "terrorist" groups. The FBI will be given a huge increase in its size and budget, and new authority to conduct "anti-terrorist" activities anywhere in the country - without judicial oversight and completely independently of local law-enforcement authorities. The FBI already has a notorious history of using "agents-provocateurs" against civil rights and anti-war organizations. Under the "COINTELPRO" program of the `60s and early 70's, FBI agents within these groups encouraged and even committed violent acts in order to entrap other members in criminal charges and discredit the legitimate actions of these groups.
The "Counter-Terrorism Bill" will allow the FBI to do this again to targeted groups. For example, an "agent-provocateur" could casually talk in a bar with a few militia members about buying illegal weapons, or could bring an illegal gun to a meeting. He or she could then secretly report everyone to the government on charges of conspiracy to commit a terrorist act. He could even commit a violent act and claim prior knowledge by others in the group. Or victims could sue the entire group under RICO for the actions of any one of the members - including the anonymous government agent. The end result? All of the members of the accused group would have their property seized, and would face up to 10 years in jail! If somehow they exposed the agent, they would have no means to sue the agent for damages, and under existing law they could face up to 20 years in prison for "compromising a federal agent"! In such an environment of fear and distrust, your freedom would be dead.
This Has Happened Before
History should remind us of what happens when you give too much power to governments. In 1933, a mysterious fire destroyed the Reichstag, the German parliament building. Newly-elected Chancellor Adolf Hitler took advantage of the climate of fear and won swift approval of his "Enabling Acts". The Acts gave dictatorial powers to Hitler and the Gestapo to deal with "terrorists". As we now know, they used the broad language of the Enabling Acts to round up political dissidents, and other targets such as Jews , gypsies, and homosexuals. Germany became a police state, and began the march towards World War II and the Holocaust. We must not let Bill Clinton and his accomplices use Oklahoma as a new "Reichstag Fire" to justify a massive power grab at our expense.
Why The Power Grab
Bill Clinton has been lashing out at "anti-government rhetoric" and speech that explicity or implicitly encourages "violence and division". Some of what he says is legitimate. But in a democracy, should not critics of the government have their say?
And don't they have a LOT to say these days? High taxes, a mountain of debt, bloated bureaucracies providing poor services, crushing regulatory controls, and brutal prohibitions are hurting people in all walks of life. Property seizures and Gestapo-style 2 AM raids by black-uniformed, machine-gun armed DEA and BATF squads and local police are now commonplace, with hundreds of victims nationwide being shot to death each year.
People are reacting with alienation and anger. A CNN/TIME poll done three weeks after the Oklahoma bombing showed that 52% felt the federal government had become "a threat to the rights and freedoms of Americans", and 39% agreed that it was an immediate threat. The government killings at Waco, Ruby Ridge, the Don Scott ranch, and elsewhere have driven thousands of fearful Americans into forming armed citizen militias. The incumbent politicians know that they are losing control, so their plan seems to be to crush dissent by brute force and terror.
The Solution
To defuse this powder-keg, the government must be sharply reined in. Sovereign-immunity laws must be repealed so that government employees who violate the constitutionally-guaranteed rights of their fellow citizens will be personally liable for their crimes. Civil asset forfeiture laws that violate the presumption of "innocent until proven guilty" and property rights should be abolished. "Probable cause" must be re-established as the standard for conducting surveillance, wiretaps, or searching people and property. The use of anonymous informants must be stopped so that defendants can face their accusors. In short, Congresspeople (and other legislators) need to be told loudly and clearly by citizens such as yourself that the government must abide by the Fourth Amendment - and the rest of the Bill of Rights - or else!
The "Omnibus Counter-Terrorism Bill" is unnecessary to stop terrorism, and dangerous to our rights and freedoms. Indeed, the threat of massive property seizures and draconian jail terms for mere suspicion of "terrorist" activity will actually incite more violence. Please do everything possible to get copies of this pamphlet into the hands of your friends, neighbors, the media, and politicians to stop this bill!
The Libertarian Library has reprinted this article with the permission of the
International Society for Individual Liberty.
