The Patriot Act Extension Backstory

(11 am. – promoted by ek hornbeck)

The Bill of Rights

Fourth Amendment – Protection from unreasonable search and seizure.

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.

The Patriot Act was extended for another year this week.  Read this information about it from the ACLU:

http://www.aclu.org/national-s…

Late last year, to avoid expiration on December 31, 2009, Congress extended the provisions through February 28, 2010. Despite bills pending in both the House and the Senate to amend the three expiring provisions and other sections of the Patriot Act, Congress decided instead to move ahead with a straightforward reauthorization.

Since the Patriot Act’s passage in 2001, there have been several consecutive reports (including one released in January) from the Department of Justice Office of the Inspector General that have outlined widespread and blatant abuse of the statute. FBI agents routinely claimed false terrorism emergencies to use “exigent letters,” or emergency letters, in order to gain private records for investigations when no emergency existed. The FBI also regularly issued NSLs after the fact in an attempt to legitimize the use of exigent letters. Even after today’s vote, there remain bills pending in both the House and Senate that were specifically introduced to narrow the scope of the NSL statute.

more:

ACLU:  Patriot Act 8 Years Later, What You Should Know  

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http://www.reformthepatriotact…

The ACLU’s recent report, Reclaiming Patriotism, provides more information on parts of the Patriot Act that need to be amended.

National Security Letters (NSLs). The FBI uses NSLs to compel internet service providers, libraries, banks, and credit reporting companies to turn over sensitive information about their customers and patrons. Using this data, the government can compile vast dossiers about innocent people. Government reports confirm that upwards of 50,000 of these secret record demands go out each year. In response to an ACLU lawsuit (Doe v. Holder), the Second Circuit Court of Appeal struck down as unconstitutional the part of the NSL law that gives the FBI the power to prohibit NSL recipients from telling anyone that the government has secretly requested customer Internet records.

Material Support Statute. This provision criminalizes providing “material support” to terrorists, defined as providing any tangible or intangible good, service or advice to a terrorist or designated group. As amended by the Patriot Act and other laws since September 11, this section criminalizes a wide array of activities, regardless of whether they actually or intentionally further terrorist goals or organizations. Federal courts have struck portions of the statute as unconstitutional and a number of cases have been dismissed or ended in mistrial.

FISA Amendments Act of 2008. This past summer, Congress passed a law to permit the government to conduct warrantless and suspicion-less dragnet collection of U.S. residents’ international telephone calls and e-mails. This too must be amended to provide meaningful privacy protections and judicial oversight of the government’s intrusive surveillance power.

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So using a hypothetical example that might be based on a real life observation, if somebody is engaging you in a conversation on the internet about how you should “show your concern” about victims of the United States government, by posting lots of information about said persons who have disappeared or been tortured, and tells you you’re “insincere” in your liberal intent if you don’t do this, you are, according to the FBI, technically furthering the goals of what our government has declared to be terrorist organizations.  After all, this country is at war.

In other words, they’re ratf*cking.

Especially if they make a big deal to ask whether you’re into one of those useless “pacifist” religions.  

The Senate apparently passed this extension of the Patriot Act by a voice vote Wed evening Feb 24th 2010, as it is not showing up on the Senate roll call votes list on the Senate website.  

The House then voted on it Thurs Feb the 25th.   The same day as the Kabuki Blair House Bipartinsanshipthingee Health Care Summit, as Momcat already pointed out.    What do you know, they can multitask.

I have had to look at about 10 different webpages trying to track this info down for the original source, not just the WAPO article after the fact, (and mind you I’m used to doing this compared to a layperson) and this is deliberate chickensh*t obfuscation.

Looking at the outline of the Daily Digest of the Senate for Wed Feb 24 on thomas, the “measures passed” has this  pages S736 – 37

Medicare Physician Payment Reform Act: Senate passed H.R. 3961, to extend expiring provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005 and Intelligence Reform and Terrorism Prevention Act of 2004 until February 28, 2011, after agreeing to the following amendments proposed thereto

Say what?  Yes, they did this under the guise of discussing Medicare payments.

Here is the text I pulled out of the thomas search for the Senate’s discussion that morning, when they casually inserted the amendment. HR 3961, the Medicare Physician Payment Reform Act of 2009, had 2 Senate Amendments, both proposed by one Senator Harry Reid, Democrat of Nevada and accepted by the Senate. On a voice vote.

http://www.govtrack.us/congres…

per govtrack.us, taken from the official record, the text of Harry Reid’s Senate Amendment #3331 is this:

http://www.govtrack.us/congres…

Text of amendment

SA 3331. Mr. REID proposed an amendment to the bill H.R. 3961, to reform the Medicare SGR payment system for physicians and to reinstitute and update the Pay-As-You-Go requirement of budget neutrality on new tax and mandatory spending legislation, enforced by the threat of annual, automatic sequestration; as follows:

Strike all after the enacting clause and insert the following:

SECTION 1. EXTENSION OF SUNSETS.

(a) USA PATRIOT Improvement and Reauthorization Act of 2005.–Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is amended by striking “February 28, 2010” and inserting “February 28, 2011”.

(b) Intelligence Reform and Terrorism Prevention Act of 2004.–Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3742; 50 U.S.C. 1801 note) is amended by striking “February 28, 2010” and inserting “February 28, 2011”.

(As printed in the Congressional Record for the Senate on Feb 24, 2010.)

From the Senate Daily Digest Wed Feb 24, 2010

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MEDICARE PHYSICIAN PAYMENT REFORM ACT OF 2009 — (Senate – February 24, 2010)

[Page: S736]  GPO’s PDF

—

  Mr. REID. Mr. President, I ask unanimous consent that the Senate proceed to Calendar No. 252, H.R. 3961.

  The PRESIDING OFFICER. The clerk will report the bill by title.

  The legislative clerk read as follows:

  A bill (H.R. 3961) to amend title XVIII of the Social Security Act to reform the Medicare SGR payment system for physicians and to reinstitute and update the Pay-As-You-Go requirement of budget neutrality on new tax and mandatory spending legislation, enforced by the threat of annual, automatic sequestration.

  There being no objection, the Senate proceeded to consider the bill.

[Page: S737]  GPO’s PDF

  Mr. REID. Mr. President, there is a substitute amendment at the desk, and I ask unanimous consent that the amendment be considered and agreed to and that the bill, as amended, be read a third time.

  The PRESIDING OFFICER. Without objection, it is so ordered.

  The amendment (No. 3331) was agreed to, as follows:

   Strike all after the enacting clause and insert the following:

  SECTION 1. EXTENSION OF SUNSETS.

   (a) USA PATRIOT Improvement and Reauthorization Act of 2005.–Section 102(b)(1) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177; 50 U.S.C. 1805 note, 50 U.S.C. 1861 note, and 50 U.S.C. 1862 note) is amended by striking “February 28, 2010” and inserting “February 28, 2011”.

   (b) Intelligence Reform and Terrorism Prevention Act of 2004.–Section 6001(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3742; 50 U.S.C. 1801 note) is amended by striking “February 28, 2010” and inserting “February 28, 2011”.

  The PRESIDING OFFICER. The question is on the engrossment of the amendment and third reading of the bill.

  The amendment was ordered to be engrossed and the bill to be read a third time.

  The bill, as amended, was read the third time.

  The PRESIDING OFFICER. The bill having been read the third time, the question is, Shall the bill, as amended, pass?

  The bill (H.R. 3961), as amended, was passed.

  Mr. REID. I move to reconsider the vote, and I move to lay that motion on the table.

  The motion to lay on the table was agreed to.

  Mr. REID. Mr. President, I ask unanimous consent that the title amendment, which is at the desk, be considered and agreed to and that the motion to reconsider be laid upon the table.

  The PRESIDING OFFICER. Without objection, it is so ordered.

  The amendment (No. 3332) was agreed to, as follows:

(Purpose: To amend the title)

   Amend the title so as to read: “An Act to extend expiring provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005 and Intelligence Reform and Terrorism Prevention Act of 2004 until February 28, 2011.”.

http://thomas.loc.gov/cgi-bin/…

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WAPO ~  House Sends Extension of Patriot Act to Obama

http://www.washingtonpost.com/…

The Senate approved the extension Wednesday. The privacy protections were cast aside when Senate Democrats lacked the necessary 60-vote supermajority to pass them. Thrown away were restrictions and greater scrutiny on the government’s authority to spy on Americans and seize their records.

The WAPO article claims the White House approved of Sen. Leahy’s committee’s work on this Patriot Act extension.

There’s that Senate supermajority problem again when the minority Party is actually running the show.  But certainly the Democratic Majority Leader of the Senate is completely aware of what is going on and how this is a convenient smokescreen for the claim of Republican “obstructionism.”  And certainly the House of Representatives is aware of when the Senate House of Lords votes first on a bill, voice vote only with no individual Senator’s vote record kept,  and then sends it to them for approval.  

Here is how the House voted on the motion to concur with the Senate Amendments to HR 3961, which passed, 315 yeas to 97 noes.    http://www.govtrack.us/congres…

It is sorted by party so you can see that 10 Republicans joined in with 87 Democrats in voting against it.

Respect for the Constitution should always be noted and praised irregardless of party.  My Republican wing nut congressperson, McClintock of CA 04, who always loves to run off at the mouth about Freedom This and Liberty That and Founding Father Therefore, of course voted to extend the Patriot Act.