Things that make you go "hmmmm":
Its provisions allow for secret arrests of persons in certain terrorist-related cases until indictments have been handed down and there is no time limitation for this process. America has never permitted secret arrests for indefinite time periods. In addition, Patriot II provides that these terrorist arrests may be under "no bail" conditions and that any federal employee who discloses the identity of someone who has been secretly detained may be imprisoned for up to five years.
The bill mandates that government authorities are entitled to have ex parte (one- on-one, without defense counsel or a public record) and in camera (private) - meetings with judges without opposing counsel or defendants even being notified to secure rulings on search warrants, admissibility of evidence and investigative procedures. In certain cases where naturalized American citizens are found to be working with foreign governments, or making donations to foreign based charities later found to be supporting terrorist causes, the Attorney General will have the right to revoke U.S. citizenship and extradite those charged to any country in the world, whether there is an extradition treaty in place or not.
There has been some debate, encouraged by inaccurate and extremely irresponsible reporting by some "alternative" journalists and radio talk show hosts indicating that the bill provides the government with the ability to strip native-born U.S. citizens of their citizenship for seemingly trivial offenses. This is patently untrue. The actual truth is bad enough.
Section 501 of Patriot II amends section 349 of the Immigration and Nationality Act (8 U.S.C. 1481) pertaining to the citizenship status of those who have acquired U.S. citizenship. It states that those who have entered into the armed forces of a foreign government (when such forces are engaged in hostilities against the US), or have joined or provided material support "to a terrorist organization... if the organization is engaged in hostilities against the United States, its people, or its national security interests" will be deemed to have made a prima facie (apparent on its face) statement that they intend to relinquish their citizenship.
Lewis and Moyers were correct in their interpretation of this section in that a naturalized American who makes a donation to an Islamic charity later alleged to have been giving money to a terrorist organization could be stripped of their citizenship and deported anywhere without it ever having been established that he or she even knew how the charity was distributing its money.
The act broadens the scope of activities that qualify for the loose-to-non-existent guidelines for eavesdropping and surveillance under Patriot I and allows law enforcement personnel to obtain "national" search warrants for domestic and foreign terrorism investigations. As discussed in previous FTW stories, under Patriot I the definition... [ Read More (0.4k in body) ]