- October 6, 2003: (Dissident Voice) It's a strange feeling
to wake up one average, middle-class North American morning and realize
your beliefs could get you killed. Not in a random, drive-by, developing-world,
terrorist-bombing kind of way. But in an officially sanctioned, totally
legal, death by lethal injection way.
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- At least, if President Bush's call on Congress on the
eve of the second anniversary of September 11 to extend the death penalty
is anything to go by.
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- It began in June when Attorney-General John Ashcroft
told lawmakers that the death penalty needed to be expanded to cover "material
supporters" of terrorist organizations. On the surface it seems fair
enough. If you give money to al Qaeda then you have to expect a harsh penalty.
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- But there's a catch. They've changed the definition of
terrorist.
- In fact the Patriot II Act redefines terrorism so vaguely
and broadly it's not a great leap to envisage the definition including
political activists or just about anyone who belongs to an organization
that disagrees with the Administration.
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- Greenpeace for example. It stands for non-violent, creative
confrontation to expose global environmental problems and their causes.
While Greenpeace is adamant it does not endorse sabotage it's really only
a matter of definition, especially since the organization has simulated
sabotaging safety at nuclear facilities.
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- And given that Bush specifically stated that the death
penalty should be used in certain cases of sabotage against military and
nuclear facilities, it's not difficult to see how Greenpeace could be ruled
a terrorist organization, transforming your membership into material support.
- A little extreme perhaps? Not if you consider the FBI
arrest of peaceful protesters exposing an illegal shipment of mahogany.
Or the dubbing of acts of vandalism by the Earth Liberation Front (they
spray-painted slogans such as "greed and sloth" on SUVs) as domestic
terrorism. Or the ability under Patriot II to conduct all manner of surveillance
without warrants; authorize secret arrests, detentions, and grand jury
subpoenas; create DNA databases of those suspected of association with
terrorism or terrorist groups; and to enable the Government to remove citizenship
from persons who belong to or support disfavored political groups.
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- But it's not only your organization membership that brings
you under the Patriot II umbrella. Hiding behind that new broad catch-all
phrase, domestic terrorism, the act is shaping up to become a crime-fighting
tool par excellence.
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- US Justice Dept official Mark Corallo was reported in
the New York Times as saying they "have an obligation to do everything
to protect the lives and liberties of Americans from attack, " whether
it's from terrorists or garden-variety criminals"
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- And there, right before your eyes, you see how far the
ground has shifted. Under Patriot II all other criminal legislation can
be short-circuited, the laws and standards of evidence lowered, the usual
legal checks and balances of a democratic society superseded. And instead
of a judiciary-led legal system you begin to understand it's the FBI that
is in charge, with a Government agenda.
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- Under imminent terrorist attack those shortcuts make
perfect sense, but when used against local drug dealers, car thieves, internet
fraudsters et al, they begin to look suspiciously like the early tentacles
of a totalitarian society.
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- Section 127 of Patriot II Patriot II allows the Federal
Government to supersede all local statutes governing autopsies. So imagine
yourself caught up in an investigation following, say, your attendance
at an anti-war rally. Remember, under this act you can't call a lawyer
or even a family member. Essentially, once you've slipped into the wide
cracks of the over-broad definition of a terrorist, you have no rights
at all. And if perhaps you died while under interrogation, the autopsy
results could show a suicide or some other finding favorable to the Government.
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- Perhaps this all sounds far-fetched. Especially, if,
like me, you were bought up with the golden rule: if you've nothing to
hide, you've nothing to worry about. But when your Greenpeace bumper sticker,
or your church attendance or the size of your family become red flags that
can trigger the opening of an FBI file in your name, you know things have
changed.
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- And it's the little things that signal that change. Like
the growing sense that it's not wise to express your concerns openly. Or
when you pick up any suburban US newspaper and discover the two defining
characteristics: the dearth of international coverage and the voluminous
column space given to crime, all of it ugly, all of it adding to the climate
of fear that increasingly pervades the country. In that masterfully created
environment, US Justice Department official Corallo's comments sound not
only imminently sensible, they sound like a lifesaver.
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- Unless, of course, you really do have something to hide;
like your Greenpeace membership, your internet browsing and perhaps that
book on activism you bought from Canada. That could just about be enough
to get you killed. Only in America. Oh, and North Korea and Communist China
and Stalinist Russia and Zimbabwe and Iraq, pre and post Saddam.
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- Barbara Sumner Burstyn is a freelance writer who commutes
between Montreal, Quebec and The Hawkes Bay in New Zealand. She writes
a weekly column for the New Zealand Herald (www.nzherald.co.nz), and has
contributed to a wide range of media. She can be reached at: barb@sumnerburstyn.com.
Visit her website to read more of her work: http://www.sumnerburstyn.com/
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