Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

Thursday, July 8, 2010

michael, may you now be at peace: a reflection (no. 63)

http://www.morethings.com/music/michael_jackson/michael-jackson-432.jpg

everything is continuous, everything is cyclical... the fact that we have not grasped this concept in our society does not surprise me (having lived in it for this long). still, the thought overwhelms me sometimes.

i woke up from an after-work nap to hear news of the verdict of the oscar grant trial. not really having too much faith in the outcome being positive, i like to wait and see before i pass judgment. as i stood in the aisles in a post-work haze (if you will), the verdict was read. the verdict which would determine the future of thomas mehserle (the cop who shot oscar grant), and on a smaller level the future of police accountability. mehserle was charged with 'involuntary manslaughter'.

having looked at the video of oscar grant being shot by the hands of mehserle (i saw the video from several angles) it was clear to me that he was murdered. an 'involuntary manslaughter' charge is obviously inconsistent with this man's actions. mehserle claimed that he was reaching for his taser but instead grabbed a gun. the one factor which was left out of this case (despite it being a major one) was that oscar grant was HANDCUFFED. his hands were cuffed behind his back when he was shot. i cannot grasp how this would not be seen as malicious intent. there were also disparaging remarks made against him in the course of this event.

http://a.abcnews.com/images/Entertainment/ap_jackson_tl2_ssv.jpg

http://prisonphotography.files.wordpress.com/2009/06/4.jpg

with that i can't help but think about the initial verdict of the rodney king case- like the shooting of oscar grant, the beating of rodney king was RECORDED- and yet, the charges were minimal. the first verdict for the police who beat king resulted in ACQUITTALS for all the cops. the other similarity is that there was the issue of moving the trial to another area, due to the theory that location would affect the outcome of the verdict (read: black people will protect their own, so we don't want them on the jury). and so... an all-white jury will 'OBVIOUSLY' be a bit more balanced...

http://top-10-list.org/wp-content/uploads/2009/06/michael_jackson9.jpg

http://kodeblak.files.wordpress.com/2009/01/michael-jackson1.jpg

everything is interrelated. the mehserle verdict can be looked at in conjunction with the trial you had in 2005, due to the sheer absurdity of both. (not so) oddly enough, the attention given to your trial was excessive and unnecessary, considering that most who reported on it were not even stating facts from the transcript. the attention given to the trial concerning another disregard for (black) life by the police is far from comparable in terms of reportage, as lady gaga (here we go again) receives more press.

what is comparable is that both trials presented substantial evidence (both video and transcript, respectively) and yet, as many times as police abuse is witnessed, there is seemingly unconditional support for the cops' account of events. with the 2005 trial, despite extensive searches by warrant; despite interviews and contradictory statements on the stand, and despite a very long transcript you are still deemed guilty.

there is one thing to critique one's perception of a disregard for social boundaries- which is ultimately the critique here. there is another thing, despite contrary evidence, to label someone something they were charged 'not guilty' of. just as there is substantial evidence of the histories of the the police institution in relation to poor and non-white people; these cops who do not live in the communities they 'patrol' are consistently being placed there. and thus the murders, the drug infestations and the injustice continue.

they. don't. care. about. us.

http://beta.images.theglobeandmail.com/archive/00094/michael_jackson_1_94962gm-e.jpg

from the time we enter this world physically we are conditioned to imprison ourselves, via social behaviors/mores. we as black people are held to a higher standard to adhere to these mores. when we consciously or willingly enter a system which maintains these histories of suppressing and oppressing us, we work harder to be seen as 'better than'.

we exit the womb, already seen as statistics and potential consumers of materially-based goods. having spent so long within a sea of vibration, preparing ourselves for this new world; when we enter this world it could be very frightening for so many of us.

http://www.esquire.com/cm/esquire/images/sA/michael-jackson-silhouette-WI-062609-lg.jpg

everything is cyclical... after i spoke with you yesterday i saw a couple of other 'news items' pop up for you... even if gaga having a lot of facebook 'friends' continually gets recycled on every website there is at this point- again, this desensitizes us in terms of how we view relationships. also, the pervasiveness of this information leads me to think of it as representing a larger plan in which we witness the cessation of the value systems of community (in a very traditional sense). we are encouraged to give up our lives for nihilism/self-gratification. nevertheless, it's troubling to see these articles like the ones i saw yesterday, as they actually do take advantage of your teachings, without adhering to them.

http://www.europeanhitradio.ee/data/fonoteka/artists/MichaelJackson9.jpg

the first article i saw described a plan initiated by a major travel company (STA) to invite fans and others who are interested, to the experience of a 'pilgrimage'; a "world tour of destination", according to the new york times, of places you have travelled. the minimum amount of time for the 'pilgrimage' lasts for a little over a month, and the full experience lasts for a little over four. these travels span approximately 6 of the seven continents around the world. at the current rate of exchange, the basic experience would set someone back a little over $4000. the full 'pilgrimage' costs over $20,000.

“we thought in time for the one-year anniversary of his death it would be a fun way to celebrate his life and to incorporate pop culture with a love of travel.” this is what sophie nicholson, who represents STA travel said.

to me, this is not unlike what sony and AEG have done. this is a matter of marketing- banking on someone's transcendence, hoping that you'll recoup the funds you lost from all the preparations and paperwork.

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the other article i saw angered me a bit more, because it actually did interfere a bit more with your teachings. here, we have an auction which is set for sometime in october. the man who is putting items of yours up for auction is ed kosinski, who runs a site called 'gotta have it!'- here again we have the fixation on consumerism: being consumed by the possession of material items. many of us can lay claim to this in some degree... but the way in which we're so inundated by coercive measures is what i have issues with.

http://assets.nydailynews.com/img/2009/06/27/alg_michael-headphones.jpg

i'd read so many stories of you just giving items of yours away to either fans or some of the people you've worked with, it led me to think that, despite your oft-reported 'spending splurges'; your focus was on making attempts to gain connection. so when kosinski stated that some of the items of yours he was putting up for auction were actually given to him in exchange for items you wanted - a classic case of bartering- i was far from surprised.

on one end the material items are worth nothing in comparison to your teachings, so putting a jacket or trinket of yours up for bid is not the biggest issue. what does concern me is the value of these items posthumously, and the pitch that these items will bring you closer to someone.

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the idea that these items represent a source of happiness and connection to you is not surprising, but it's upsetting. it's a well-planned detraction from self-reflection.

in a way it's like the cops who indiscriminately shoot unarmed people (like oscar grant): these items (the guns, tasers, batons) assume a pretense of authority. all around, attachments to these items (weapons or not) uphold an allegiance to those who have: the 'upper classes' if you will. those who are the recipients of blunt force- either through child or sweatshop labor or a baton upside your head- do not have lawyers to represent them.

and of course i didn't even get into the 'involuntary manslaughter' charge in relation to conrad murray... that is a whole 'nother day...

it's all cyclical, isn't it michael?

love,
jamilah

http://www.revolutioners.com/wp-content/uploads/2009/06/michael-jackson-1970s.jpg

Wednesday, March 4, 2009

1984, anyone...?

the day they've been talking about for years is here. the verachip in the licenses and passports... and i love the blatancy of the officials... they don't even try to hide it anymore...

Sunday, February 1, 2009

H.R. 645 and an obama administration...

yo! okay... the people in the obama administration are starting off right, eh? what happened with katrina was simply preparation for this... the only difference is that faulty FEMA trailers are now going to be on military bases... as is already known, various troops are being trained to prepare for an 'emergency' here in the states... is there a possible connection with the 'day of service' obama has touted, and the military service folks like rohm emmanuel tout? they need enough people to serve both here, and in the middle east... i smell preparation for martial law here, and the privatising of government facilities.

60 DAYS after the date of this being enacted, the camps are going up, in NOT FEWER than 6 places...

so, i'm still waiting for democracy to happen after the 20th of january...? riiiiiight.

stay positive, good people.

peace, much peace.
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http://www.govtrack.us/congress/billtext.xpd?bill=h111-645

HR 645 IH

111th CONGRESS

1st Session

H. R. 645

To direct the Secretary of Homeland Security to establish national emergency centers on military installations.

IN THE HOUSE OF REPRESENTATIVES

January 22, 2009

Mr.
HASTINGS of Florida introduced the following bill; which was referred
to the Committee on Transportation and Infrastructure, and in addition
to the Committee on Armed Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned


A BILL

To direct the Secretary of Homeland Security to establish national emergency centers on military installations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘National Emergency Centers Establishment Act’.

SEC. 2. ESTABLISHMENT OF NATIONAL EMERGENCY CENTERS.

(a)
In General- In accordance with the requirements of this Act, the
Secretary of Homeland Security shall establish not fewer than 6
national emergency centers on military installations.

(b) Purpose of National Emergency Centers- The purpose of a national emergency center shall be to use existing infrastructure--

(1)
to provide temporary housing, medical, and humanitarian assistance to
individuals and families dislocated due to an emergency or major
disaster;

(2)
to provide centralized locations for the purposes of training and
ensuring the coordination of Federal, State, and local first responders;

(3)
to provide centralized locations to improve the coordination of
preparedness, response, and recovery efforts of government, private,
and not-for-profit entities and faith-based organizations; and

(4) to meet other appropriate needs, as determined by the Secretary of Homeland Security.

SEC. 3. DESIGNATION OF MILITARY INSTALLATIONS AS NATIONAL EMERGENCY CENTERS.

(a)
In General- Not later than 60 days after the date of the enactment of
this Act, the Secretary of Homeland Security, in consultation with the
Secretary of Defense, shall designate not fewer than 6 military
installations as sites for the establishment of national emergency
centers.

(b) Minimum Requirements- A site designated as a national emergency center shall be--

(1)
capable of meeting for an extended period of time the housing, health,
transportation, education, public works, humanitarian and other
transition needs of a large number of individuals affected by an
emergency or major disaster;

(2) environmentally safe and shall not pose a health risk to individuals who may use the center;

(3)
capable of being scaled up or down to accommodate major disaster
preparedness and response drills, operations, and procedures;

(4)
capable of housing existing permanent structures necessary to meet
training and first responders coordination requirements during
nondisaster periods;

(5)
capable of hosting the infrastructure necessary to rapidly adjust to
temporary housing, medical, and humanitarian assistance needs;

(6)
required to consist of a complete operations command center, including
2 state-of-the art command and control centers that will comprise a
24/7 operations watch center as follows:

(A) one of the command and control centers shall be in full ready mode; and

(B) the other shall be used daily for training; and

(7)
easily accessible at all times and be able to facilitate handicapped
and medical facilities, including during an emergency or major disaster.

(c)
Location of National Emergency Centers- There shall be established not
fewer than one national emergency center in each of the following areas:

(1) The area consisting of Federal Emergency Management Agency Regions I, II, and III.

(2) The area consisting of Federal Emergency Management Agency Region IV.

(3) The area consisting of Federal Emergency Management Agency Regions V and VII.

(4) The area consisting of Federal Emergency Management Agency Region VI.

(5) The area consisting of Federal Emergency Management Agency Regions VIII and X.

(6) The area consisting of Federal Emergency Management Agency Region IX.

(d)
Preference for Designation of Closed Military Installations- Wherever
possible, the Secretary of Homeland Security, in consultation with the
Secretary of Defense, shall designate a closed military installation as
a site for a national emergency center. If the Secretaries of Homeland
Security and Defense jointly determine that there is not a sufficient
number of closed military installations that meet the requirements of
subsections (b) and (c), the Secretaries shall jointly designate
portions of existing military installations other than closed military
installations as national emergency centers.

(e)
Transfer of Control of Closed Military Installations- If a closed
military installation is designated as a national emergency center, not
later than 180 days after the date of designation, the Secretary of
Defense shall transfer to the Secretary of Homeland Security
administrative jurisdiction over such closed military installation.

(f)
Cooperative Agreement for Joint Use of Existing Military Installations-
If an existing military installation other than a closed military
installation is designated as a national emergency center, not later
than 180 days after the date of designation, the Secretary of Homeland
Security and the Secretary of Defense shall enter into a cooperative
agreement to provide for the establishment of the national emergency
center.

(g) Reports-

(1)
PRELIMINARY REPORT- Not later than 90 days after the date of the
enactment of this Act, the Secretary of Homeland Security, acting
jointly with the Secretary of Defense, shall submit to Congress a
report that contains for each designated site--

(A) an outline of the reasons why the site was selected;

(B) an outline of the need to construct, repair, or update any existing infrastructure at the site;

(C) an outline of the need to conduct any necessary environmental clean-up at the site;

(D)
an outline of preliminary plans for the transfer of control of the site
from the Secretary of Defense to the Secretary of Homeland Security, if
necessary under subsection (e); and

(E)
an outline of preliminary plans for entering into a cooperative
agreement for the establishment of a national emergency center at the
site, if necessary under subsection (f).

(2)
UPDATE REPORT- Not later than 120 days after the date of the enactment
of this Act, the Secretary of Homeland Security, acting jointly with
the Secretary of Defense, shall submit to Congress a report that
contains for each designated site--

(A) an update on the information contained in the report as required by paragraph (1);

(B) an outline of the progress made toward the transfer of control of the site, if necessary under subsection (e);

(C)
an outline of the progress made toward entering a cooperative agreement
for the establishment of a national emergency center at the site, if
necessary under subsection (f); and

(D)
recommendations regarding any authorizations and appropriations that
may be necessary to provide for the establishment of a national
emergency center at the site.

(3)
FINAL REPORT- Not later than 1 year after the date of the enactment of
this Act, the Secretary of Homeland Security, acting jointly with the
Secretary of Defense, shall submit to Congress a report that contains
for each designated site--

(A) finalized information detailing the transfer of control of the site, if necessary under subsection (e);

(B)
the finalized cooperative agreement for the establishment of a national
emergency center at the site, if necessary under subsection (f); and

(C) any additional information pertinent to the establishment of a national emergency center at the site.

(4)
ADDITIONAL REPORTS- The Secretary of Homeland Security, acting jointly
with the Secretary of Defense, may submit to Congress additional
reports as necessary to provide updates on steps being taken to meet
the requirements of this Act.

SEC. 4. LIMITATIONS ON STATUTORY CONSTRUCTION.

This Act does not affect--

(1)
the authority of the Federal Government to provide emergency or major
disaster assistance or to implement any disaster mitigation and
response program, including any program authorized by the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); or

(2) the authority of a State or local government to respond to an emergency.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

There
is authorized to be appropriated $180,000,000 for each of fiscal years
2009 and 2010 to carry out this Act. Such funds shall remain available
until expended.

SEC. 6. DEFINITIONS.

In this Act, the following definitions apply:

(1)
CLOSED MILITARY INSTALLATION- The term ‘closed military installation’
means a military installation, or portion thereof, approved for closure
or realignment under the Defense Base Closure and Realignment Act of
1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) that meet all, or 2 out of the 3 following requirements:

(A) Is located in close proximity to a transportation corridor.

(B) Is located in a State with a high level or threat of disaster related activities.

(C) Is located near a major metropolitan center.

(2)
EMERGENCY- The term ‘emergency’ has the meaning given such term in
section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122).

(3)
MAJOR DISASTER- The term ‘major disaster’ has the meaning given such
term in section 102 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5122).

(4)
MILITARY INSTALLATION- The term ‘military installation’ has the meaning
given such term in section 2910 of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).

Wednesday, October 8, 2008

we must not forget katrina...

from campaignforliberty.com:

Cynthia McKinney Claims 5000 People Killed During Katrina


OAKLAND, CA
- Cynthia McKinney, Green Party Presidential candidate, charged the Department of Defense with the cover-up of 5,000 execution-style deaths during the chaotic aftermath of Hurricane Katrina in September 2005 on September 28. She related that an anonymous mother told her that her son had processed 5,000 corpses, mostly male, with a single bullet wound to the head and entered the results into a Pentagon computer. The mother stated that the son had signed a confidentiality agreement and could not legally talk, and that the bodies were dumped into the swamp. Listen to her statement here. (photo)

The total death/missing toll of Hurricane Katrina was 2,541 per Wikipedia.

McKinney said in the same statement she did receive confirmations from "anonymous insiders" from the Red Cross and that McKinney said she suspected these 5,000 were prisoners of the state.

The federal government did not offer proof to the contrary. Lieutenant Colonel Les' Melnyk stated that "The claim is outrageous on the very face of it and doesn't merit any further consideration. It would be inconceivable that 5,000 people would go missing in America without anyone noticing it prior to this."

I agree with Melnyk that the claim is outrageous but disagree that it does not require further investigation, and I do my best to investigate, unlike Melnyk, below. As far as Melnyk's biting comment that someone would have noticed, while serving in Congress, McKinney chose to be an active participant in the Select Bipartisan Committee to Investigate the Preparation for and Response to Hurricane, despite the Democratic Party leadership's call for Democratic members to boycott the committee. She submitted her own 72-page supplementary report here.

The McKinney campaign responded with a statement that:

"During the course of Congresswoman McKinney's focus on the victims and their mistreatment, she and her staff received reports of illegal use of force and shootings against innocent citizens from multiple, unrelated sources, including reports of attempts by law enforcement authorities to conceal the evidence of their crimes.

"Because these stories came from multiple, unrelated sources, Congresswoman McKinney did not dismiss them out of hand. She attempted to verify them with limited resources, to speak out about them and to get congressional attention through the Katrina committee hearings. Many aspects of the aftermath of Hurricane Katrina, despite numerous House and Senate committee hearings, remain unanswered and unresolved, including any final or reliable body counts."

FOX News also decided to ask clinical psychologist Dr. Celia Ward of Washington, DC if she thought McKinney was nuts. Ward said she would not speculate on McKinney's state of mind because McKinney heard the story from someone else, but that "This sounds like a game of telephone [or whisper down the alley]… But to take something that has so many questions attached to it and to treat a rumor as fact is the basis for mass distortion. It's really a good example of Swift-boating. This is the kind of rumor that warrants fact-checking."

I agree wholeheartedly with Ward's last sentence and all prison records need to be checked. That is, unless they were destroyed during the hurricane.

Here are a few facts that my investigation led me to conclude are significant before we look at other pieces of evidence.

FACT: Blackwater is a mercenary company used extensively abroad by the US in Iraq. They were also deployed during Katrina. From a 9/13/05 press release: "Blackwater USA continues to provide support to the hurricane devastated area through a variety of services including search and rescue, helicopter support, security services, and critical infrastructure protection." A 9/1 press release gives the impression that Blackwater was only sending a single rescue helicopter. There is some dispute whether Blackwater armed mercenaries with M-16's were present. The reference to "security services" and "protection" means armed guards to me. If not, the below takes care of that.

FACT: Although my net checking seems to reveal that several, possible many, articles from the American corporate mainstream media were removed from internet, the AP did report on 9/9/05 that "Soldiers toting M-16s strengthened their grip on this swamped city as concerns grew about the risks posed by the rank floodwaters. Officials braced for what could be a staggering death toll by readying 25,000 body bags." So you can imagine a city under martial law, soldiers going from house to house, forcing people to leave their homes at gunpoint. Also plenty of body bags were present, although apparently far in excess. There is some dispute whether body bags were present in high enough numbers to process 5,000 corpses, and this answers that yes, there were.

FACT: I believe McKinney is correct about the absence of a finalized body count, although public access is denied by the government website to get into the Katrina reports. However, her alleged source would probably have worked at the below morgue, which had enough capacity to process the alleged 5,000 corpses. As a sign of the usual federal spending excesses, the New York Times reported:

"After using it for only 10 weeks, the Federal Emergency Management Agency has shut down a $17 million state-of-the-art morgue built to handle victims of Hurricane Katrina, according to agency officials. The morgue, which can decontaminate and examine 150 bodies a day and has living space for nearly 500 workers, is closing because the number of bodies coming in has dwindled to about one a week, said Chuck Smith, a FEMA official. Smith said Tuesday the morgue had been developed when officials believed there would be 5,000 deaths… "It is the Taj Mahal of forensic science; it is a beautiful place," said Frank Minyard, the New Orleans coroner… In addition to the morgue, a warehouse, and rows of never-used cubicles, it included a cafeteria and fitness center."

The next pieces of evidence are a 2007 OpEdNews article "Baghdad on the Bayou: Disaster Capitalism and the War on Equality" by journalist Georgianne Nienaber, ACLU reports on prisoner abuse, and an excerpt on disaster capitalism from Naomi Klein. In particular, I encourage the reader to read the entire Nienaber piece. It tells a tale of oil reservoirs and riches below the city that were untapped prior to the disaster due to property rights, levies, FEMA politics and police actions. Excerpts from the piece:

"They found out that Blackwater was killing people. Blackwater was just in there eradicating. If you didn't make it past the checkpoint and got to the dome or the convention center, or the bridge, or whatever, you were fair game…"
"They were claiming that they would deputize to confiscate guns. But they were told to shoot whenever they felt like it."
"Everybody here knows that there are more than 1300 people dead. Everybody that actually got into the city and was trying to help, saw bodies floating, saw bullet wounds. The coroner knows what's going on, and he ain't talking. But he knows. Because I know for a fact from some other sources that he was saying to somebody, probably on a private level, that those bullet wounds were military or highly powerful wounds. [Our investigation noted the same reports from multiple, unrelated sources.]"

President Bush's website famously instituted a "zero tolerance" policy for looting in the aftermath of the flood on 9/2/2005, and later emphasize even if someone was "looting" for "food or water." Louisiana's governor, Kathleen Blanco, added a "shoot to kill" order to Bush's "zero tolerance" proclamation per ABC, also on 9/2/2005. What is very stark about these two reports is the tone - Bush's statement is full of congratulations for "a heck of a job" and jovial back-slapping for the FEMA officers while ABC's article is describing a "war zone" and a "national disgrace," a hell on earth.

Concerning the initial Katrina press blackout, also from Nienaber:

"This Katrina thing was handled as if it would have been Iraq. It was handled in a military way for resources, resources were the main focus, and the only difference is that the hurricane scattered people instead of bombs. There were people getting shot, there were bodies everywhere, there was destruction everywhere, and there's oil coming out of the ground like it never has before. Remind you of something else? The only difference is that we didn't have the equipment and the ability to fight back. We didn't have suicide bombers and the things that other people have…"
"You get knocked out, and then you get killed. Look how easy this was to do. All the peoples' records were wiped out. Their city hall, their courthouses, their medical records, and their hospitals-all of that is gone. How easy is it to start taking people out at that point? That's the easiest thing in the world to be able to do…"
"You hide it from the media, you keep the media focused on the [super] dome and the convention center, and you keep giving opinionated stories about what this picture is, and then you pull the wool over everybody's eyes. I don't know what we're doing outside of this country, but I know what I saw right here."

Next piece of evidence is the ACLU's studies on civil rights violations of prisoners during Hurricane Katrina. In their report, "Abandoned & Abused: Orleans Parish Prisoners in the Wake of Hurricane Katrina," the ACLU highlights that 6,500 men, women, and children were forced to remain in Orleans Parish Prison while the remainder of the city was evacuated.

"This culture of neglect was evident in the days before Katrina, when the sheriff declared that the prisoners would remain "where they belong," despite the mayor's decision to declare the city's first-ever mandatory evacuation. [Orleans Parish Prison] even accepted prisoners, including juveniles as young as 10, from other facilities to ride out the storm."
"As floodwaters rose in the OPP buildings, power was lost, and entire buildings were plunged into darkness. Deputies left their posts wholesale, leaving behind prisoners in locked cells, some standing in sewage-tainted water up to their chests …
"Prisoners went days without food, water and ventilation, and deputies admit that they received no emergency training and were entirely unaware of any evacuation plan. Even some prison guards were left locked in at their posts to fend for themselves, unable to provide assistance to prisoners in need.

"The report paints a damning picture of prison authorities-and, like so much of what has resulted from Hurricane Katrina, demonstrates deep-seated bias, hostility, and negligence on the part of those in power."

Several specific examples were:

  • Ivy Gisclair, who was being held at OPP for $700 in traffic violations (mostly parking tickets) and had never been in any serious trouble with the law. After days in OPP following the storm, Ivy was transferred to Hunt, where he witnessed stabbings, rapes and countless fights. Ivy was finally transferred to Bossier Parish Maximum Security Prison. His release date came and went. When he asked a guard about it, he was pepper sprayed, repeatedly shocked with a Taser, beaten by multiple guards, and put in solitary confinement with no clothes. Ivy was released in an orange prison jumpsuit at a gas station by the side of the road, three weeks after his scheduled release date. It was the day of Hurricane Rita.
  • Renard Reed, a guard at OPP's psychiatric ward who reported to work before the hurricane out of a sense of camaraderie and shared responsibility. Like many other guards, Renard was locked in during his shift to prevent desertion, and was then ordered to go to the roof with a shotgun and shoot anyone trying to leave one of the flooded buildings. He was still stranded at the prison long after the prisoners were evacuated.
  • Ashley George, a 13-year-old girl housed in OPP's Youth Center, who was moved to an area adjacent to an adult male holding area where the men watched her use the toilet. As the building began to flood, Ashley spent days in water up to her neck. Adult prisoners rescued Ashley and the other children from the waters. After being taken to the bridge for evacuation, Ashley was lucky enough to be given a bag of potato chips and water. She reports again being forced to relieve herself publicly and that pregnant girls received no assistance or treatment.

The ACLU's "Broken Promises - 2 Years After Katrina" reports that conditions were still unacceptable two years later at the Orleans Parish Prison (pages 19-23, the photos in the 50-page report, taken 2 years later are a bit depressing though).

Lastly, Naomi Klein's The Shock Doctrine: The Rise of Disaster Capitalism (2007) is recommended reading. (video preview) She writes about how the government used the "shock" of the hurricane to redesign the area's educational, social and economic structure while paying $3.4 billion to Iraq War contractors - Blackwater, Halliburton's KBR, Fluor, Shaw, Bechtel, and CH2M Hill:

"As many remarked at the time, within days of the storm it was as if Baghdad's Green Zone had lifted off from its perch on the Tigris and landed on the bayou. The parallels were undeniable… Shaw sent the former head of the US Army's Iraq reconstruction office. Fluor sent its senior project manager from Iraq to the flood zone… The similarities were so striking that some of the mercenary soldiers, fresh from Baghdad, were having trouble adjusting. When David Enders, a reporter, asked an armed guard outside a New Orleans hotel if there had been much action, he replied, "Nope. It's pretty much Green Zone here…"

"Other things were pretty Green Zone too. On contracts valued at $8.75 billion, congressional investigators found "significant overcharges, wasteful spending, or mismanagement." The fact that exactly the same errors as those made in Iraq were instantly repeated in New Orleans should put to rest the claim that Iraq's occupation was merely a string of oversight. When the same mistakes are repeated over and over again, it's time to consider the possibility that they are not mistakes at all…

"Baghdad's Green Zone is the starkest expression of this world order. It has its own electrical grid, its own phone and sewage systems, its own oil supply and its own-state-of-the-art hospital with pristine operating theaters - all protected by five-meter thick walls. It feels, oddly, like a giant fortified Carnival Cruise Ship parked in the middle of a sea of violence and despair, the broiling Red Zone that is Iraq…

"Everywhere in Iraq, the wildly divergent value assigned to different categories of people is crudely evident. Westerners and their Iraqi colleagues have checkpoints at the entrance to their streets, blast walls in front of their houses, body armor and private security guards on call at all hours. They travel the country in menacing armored convoys, with mercenaries pointing guns out the windows as they follow their prime directive to "protect the principal." With every move they broadcast the same unapologetic message: we are the chosen; our lives are infinitely more precious. Middle-class Iraqis, meanwhile, cling to the next rung down the ladder: they can afford to buy protection from local militias, and they are able to pay off kidnappers to have a family member released. But the vast majority of Iraqis have no protection at all. They walk the streets wide open to any possible violence, with nothing between them and the next car bomb but a thin layer of fabric. In Iraq, the lucky get Kevlar, the rest get prayer beads.

"At first I thought the Green Zone phenomenon was unique to the war in Iraq. Now, after years spent in other disaster zones, I realize that the Green Zone emerges everywhere that the disaster capitalism complex descends, with the same stark partitions between the included and the excluded, the protected and the damned…

"It happened in New Orleans. After the flood, an already divided city turned into a battleground between gated green zones and raging red zones - the result not of water damage but of the "free-market solutions" embraced by the president… Post-Katrina New Orleans may be providing the first Western-world image of a new kind of wasted urban landscape: the mold belt, destroyed by the deadly combination of weathered public infrastructure and extreme weather." - Klein, (p. 519-528)

I refer the Reader to Doug Eberhardt's article "America's Infrastructure In 2009: Grade "F"".

I challenge the Reader to find the truth, put it all together and let me know what the truth really is.

This matter is of import to the presidential race. The fact that CNN, CBS, ABC, NBC, and McBama are all not addressing or even mentioning this issue one week after the McKinney teleconference with the evidence above is reason enough to be suspicious, and calls into question their integrity as Americans.

I would not do what FOX did and infer that Cynthia McKinney is crazy without checking for the evidence first. This is shoddy journalism. Quite the opposite, I commend McKinney for stepping forward and let the evidence dictate the next step, dictate the truth, not simply sounds of blubbering madness or silence from our pitiful press corps and political leaders.

Even if CNN, CBS, NBC, and many others do not choose to exercise their First Amendment rights to the fullest, I will. I do warn you that the day may arrive when freedom of speech is stripped from dissident Americans like myself, and websites like the one you are reading now are closed down. I urge you to speak out before its too late.

In Liberty,

Jake, the Champion of the Constitution

www.CampaignForLiberty.com

Thursday, September 11, 2008

more time of reflection...

inevitably this is a time to reflect upon our place in this time as citizens of the world... this day, inevitably calls us to reflect... however; this is to time to become emotional. once again it is crucial to reflect upon out place in this world, and in this country-which is but a tiny, tiny glimpse of particles, molecules and ions.

when the USApatriot act was signed off, i made sure to read its basic elements... if anyone has been paying attention, executive orders and acts get passed because (a. they are written in ways so as not to be fathomable to the 'common people', and (b. they are passed during hours in which most people are not awake. the almost 400 pages of this patriot act were not read by the folks who allowed it to pass. the document was distributed at such an hour and manner that was unattainable and unconscionable. ashcroft essentially scared the house and senate to support this act, due to the fear of 'terrorism'. however, in reading the document, the definition of terrorism is so vague, yet all-encompassing.

yes, i have read the document in full. my eyes hurt from doing so.

to call september the 11th 'patriot day' is far from misleading... but to make the overall assumption that it represents the dedication to this country's revolutionary spirit is. september is actually an anniversary to truly re-evaluate what the ''Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001"means in this day and age... ultimately, it's HUAC and CoIntelpro merged into the 'technology age'... with information being transferred second by second, those who propose these laws struggle to find ways to remain ahead of the observers and commentators. what else could you do but making the titles so difficult to understand? how many people are going to measure the laws today with they ones they have ultimately phased out? and of course, how many people are actually going to sit and look at a near-400 page document, REGARDING OUR PERSONAL AND COLLECTIVE SECURITY/SAFETY, AND CIVIL LIBERTIES? the vagueness of this document violates so many of our collective rights as beings on this earth. i mean, one is considered a terrorist, due to videorecording a protest... the police confiscate cameras. no-knock warrants are handed out to search the living spaces of people who peacefully convene, as they critique the system they exist in.

all of a sudden, it has built up that, since so many cultural and ethnic groups have convened to do this critique, it now becomes terrorism. but when you had a bunch of (should i say 'illegal'?) immigrants enter this country and formed an insurrection against the british (several times, i may add, thus creating a genocide for INDIGENOUS people here) that was okay... homogeny pays, don't it?

it makes me wonder when it will truly come to a point when those who make a call to boycott certain products or television networks (similar to what happened in 1955 in the black community (in new york city in the month of february; it was a two-hour boycott of all radio and television programs in order to bring attention to the need for more jobs for black people in the radio-television industry) and what is happening in more recent times with 'turn off channel zero') will be called out on those same networks as terrorists... section 102 of title I (enhancing domestic security against terrorism) of the patriot act, entitled 'Sense of Congress condemning discrimination against Arab and Muslim Americans' claims that:

"(a) FINDINGS- Congress makes the following findings:
(1) Arab Americans, Muslim Americans, and Americans from South Asia play a vital role in our Nation and are entitled to nothing less than the full rights of every American.
(2) The acts of violence that have been taken against Arab and Muslim Americans since the September 11, 2001, attacks against the United States should be and are condemned by all Americans who value freedom.
(3) The concept of individual responsibility for wrongdoing is sacrosanct in American society, and applies equally to all religious, racial, and ethnic groups.
(4) When American citizens commit acts of violence against those who are, or are perceived to be, of Arab or Muslim descent, they should be punished to the full extent of the law.
(5) Muslim Americans have become so fearful of harassment that many Muslim women are changing the way they dress to avoid becoming targets.
(6) Many Arab Americans and Muslim Americans have acted heroically during the attacks on the United States, including Mohammed Salman Hamdani, a 23-year-old New Yorker of Pakistani descent, who is believed to have gone to the World Trade Center to offer rescue assistance and is now missing.
(b) SENSE OF CONGRESS- It is the sense of Congress that--
(1) the civil rights and civil liberties of all Americans, including Arab Americans, Muslim Americans, and Americans from South Asia, must be protected, and that every effort must be taken to preserve their safety;
(2) any acts of violence or discrimination against any Americans be condemned; and
(3) the Nation is called upon to recognize the patriotism of fellow citizens from all ethnic, racial, and religious backgrounds."

does this mean that networks and publications owned by a certain rupert murdoch (ala the fox 'news' network) should be charged in the implication of conspiracy to assist in the death of certain folks? i mean, how many times have people on that network called for the assasination of barack obama, as well as who they consider 'illegal immigrants'... whatever my opinions of brother obama (and i've got plenty of them), he does not deserve to be treated in that fashion.

and let's get to these two:

SEC. 106. PRESIDENTIAL AUTHORITY.

Section 203 of the International Emergency Powers Act (50 U.S.C. 1702) is amended--
(1) in subsection (a)(1)--
(A) at the end of subparagraph (A) (flush to that subparagraph), by striking `; and' and inserting a comma and the following:
`by any person, or with respect to any property, subject to the jurisdiction of the United States;';
(B) in subparagraph (B)--
(i) by inserting `, block during the pendency of an investigation' after `investigate'; and
(ii) by striking `interest;' and inserting `interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and';
(C) by striking `by any person, or with respect to any property, subject to the jurisdiction of the United States`; and
(D) by inserting at the end the following:
`(C) when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any property so confiscated shall vest, when, as, and upon the terms directed by the President, in such agency or person as the President may designate from time to time, and upon such terms and conditions as the President may prescribe, such interest or property shall be held, used, administered, liquidated, sold, or otherwise dealt with in the interest of and for the benefit of the United States, and such designated agency or person may perform any and all acts incident to the accomplishment or furtherance of these purposes.'; and
(2) by inserting at the end the following:
`(c) CLASSIFIED INFORMATION- In any judicial review of a determination made under this section, if the determination was based on classified information (as defined in section 1(a) of the Classified Information Procedures Act) such information may be submitted to the reviewing court ex parte and in camera. This subsection does not confer or imply any right to judicial review.'.

TITLE II--ENHANCED SURVEILLANCE PROCEDURES

SEC. 201. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS RELATING TO TERRORISM.

Section 2516(1) of title 18, United States Code, is amended--
(1) by redesignating paragraph (p), as so redesignated by section 434(2) of the Antiterrorism and Effective Death Penalty Act of 1996 (Public Law 104-132; 110 Stat. 1274), as paragraph (r); and
(2) by inserting after paragraph (p), as so redesignated by section 201(3) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 3009-565), the following new paragraph:
`(q) any criminal violation of section 229 (relating to chemical weapons); or sections 2332, 2332a, 2332b, 2332d, 2339A, or 2339B of this title (relating to terrorism); or'.

SEC. 202. AUTHORITY TO INTERCEPT WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS RELATING TO COMPUTER FRAUD AND ABUSE OFFENSES.

Section 2516(1)(c) of title 18, United States Code, is amended by striking `and section 1341 (relating to mail fraud),' and inserting `section 1341 (relating to mail fraud), a felony violation of section 1030 (relating to computer fraud and abuse),'.
***********************************************************************************

SEC. 212. EMERGENCY DISCLOSURE OF ELECTRONIC COMMUNICATIONS TO PROTECT LIFE AND LIMB.

(a) DISCLOSURE OF CONTENTS-

(1) IN GENERAL- Section 2702 of title 18, United States Code, is amended--
(A) by striking the section heading and inserting the following:

`Sec. 2702. Voluntary disclosure of customer communications or records';

(B) in subsection (a)--
(i) in paragraph (2)(A), by striking `and' at the end;
(ii) in paragraph (2)(B), by striking the period and inserting `; and'; and
(iii) by inserting after paragraph (2) the following:
`(3) a provider of remote computing service or electronic communication service to the public shall not knowingly divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by paragraph (1) or (2)) to any governmental entity.';
(C) in subsection (b), by striking `EXCEPTIONS- A person or entity' and inserting `EXCEPTIONS FOR DISCLOSURE OF COMMUNICATIONS- A provider described in subsection (a)';
(D) in subsection (b)(6)--
(i) in subparagraph (A)(ii), by striking `or';
(ii) in subparagraph (B), by striking the period and inserting `; or'; and
(iii) by adding after subparagraph (B) the following:
`(C) if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of the information without delay.'; and
(E) by inserting after subsection (b) the following:

`(c) EXCEPTIONS FOR DISCLOSURE OF CUSTOMER RECORDS- A provider described in subsection (a) may divulge a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection (a)(1) or (a)(2))--

`(1) as otherwise authorized in section 2703;
`(2) with the lawful consent of the customer or subscriber;
`(3) as may be necessarily incident to the rendition of the service or to the protection of the rights or property of the provider of that service;
`(4) to a governmental entity, if the provider reasonably believes that an emergency involving immediate danger of death or serious physical injury to any person justifies disclosure of the information; or
`(5) to any person other than a governmental entity.'.
(2) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 121 of title 18, United States Code, is amended by striking the item relating to section 2702 and inserting the following:
`2702. Voluntary disclosure of customer communications or records.'.

(b) REQUIREMENTS FOR GOVERNMENT ACCESS-

(1) IN GENERAL- Section 2703 of title 18, United States Code, is amended--
(A) by striking the section heading and inserting the following:

`Sec. 2703. Required disclosure of customer communications or records';

(B) in subsection (c) by redesignating paragraph (2) as paragraph (3);
(C) in subsection (c)(1)--
(i) by striking `(A) Except as provided in subparagraph (B), a provider of electronic communication service or remote computing service may' and inserting `A governmental entity may require a provider of electronic communication service or remote computing service to';
(ii) by striking `covered by subsection (a) or (b) of this section) to any person other than a governmental entity.
`(B) A provider of electronic communication service or remote computing service shall disclose a record or other information pertaining to a subscriber to or customer of such service (not including the contents of communications covered by subsection (a) or (b) of this section) to a governmental entity' and inserting `)';
(iii) by redesignating subparagraph (C) as paragraph (2);
(iv) by redesignating clauses (i), (ii), (iii), and (iv) as subparagraphs (A), (B), (C), and (D), respectively;
(v) in subparagraph (D) (as redesignated) by striking the period and inserting `; or'; and
(vi) by inserting after subparagraph (D) (as redesignated) the following:
`(E) seeks information under paragraph (2).'; and
(D) in paragraph (2) (as redesignated) by striking `subparagraph (B)' and insert `paragraph (1)'.
(2) TECHNICAL AND CONFORMING AMENDMENT- The table of sections for chapter 121 of title 18, United States Code, is amended by striking the item relating to section 2703 and inserting the following:
`2703. Required disclosure of customer communications or records.'.

SEC. 213. AUTHORITY FOR DELAYING NOTICE OF THE EXECUTION OF A WARRANT.

Section 3103a of title 18, United States Code, is amended--

(1) by inserting `(a) IN GENERAL- ' before `In addition'; and
(2) by adding at the end the following:

`(b) DELAY- With respect to the issuance of any warrant or court order under this section, or any other rule of law, to search for and seize any property or material that constitutes evidence of a criminal offense in violation of the laws of the United States, any notice required, or that may be required, to be given may be delayed if--

`(1) the court finds reasonable cause to believe that providing immediate notification of the execution of the warrant may have an adverse result (as defined in section 2705);
`(2) the warrant prohibits the seizure of any tangible property, any wire or electronic communication (as defined in section 2510), or, except as expressly provided in chapter 121, any stored wire or electronic information, except where the court finds reasonable necessity for the seizure; and
`(3) the warrant provides for the giving of such notice within a reasonable period of its execution, which period may thereafter be extended by the court for good cause shown.'.
****************************************************************************

`SEC. 502. CONGRESSIONAL OVERSIGHT.

`(a) On a semiannual basis, the Attorney General shall fully inform the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate concerning all requests for the production of tangible things under section 402.

`(b) On a semiannual basis, the Attorney General shall provide to the Committees on the Judiciary of the House of Representatives and the Senate a report setting forth with respect to the preceding 6-month period--

`(1) the total number of applications made for orders approving requests for the production of tangible things under section 402; and
`(2) the total number of such orders either granted, modified, or denied.'.

SEC. 225. IMMUNITY FOR COMPLIANCE WITH FISA WIRETAP.

Section 105 of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 1805) is amended by inserting after subsection (g) the following:

`(h) No cause of action shall lie in any court against any provider of a wire or electronic communication service, landlord, custodian, or other person (including any officer, employee, agent, or other specified person thereof) that furnishes any information, facilities, or technical assistance in accordance with a court order or request for emergency assistance under this Act.'.

SEC. 351. AMENDMENTS RELATING TO REPORTING OF SUSPICIOUS ACTIVITIES.

(a) AMENDMENT RELATING TO CIVIL LIABILITY IMMUNITY FOR DISCLOSURES- Section 5318(g)(3) of title 31, United States Code, is amended to read as follows:

`(3) LIABILITY FOR DISCLOSURES-
`(A) IN GENERAL- Any financial institution that makes a voluntary disclosure of any possible violation of law or regulation to a government agency or makes a disclosure pursuant to this subsection or any other authority, and any director, officer, employee, or agent of such institution who makes, or requires another to make any such disclosure, shall not be liable to any person under any law or regulation of the United States, any constitution, law, or regulation of any State or political subdivision of any State, or under any contract or other legally enforceable agreement (including any arbitration agreement), for such disclosure or for any failure to provide notice of such disclosure to the person who is the subject of such disclosure or any other person identified in the disclosure.
`(B) RULE OF CONSTRUCTION- Subparagraph (A) shall not be construed as creating--
`(i) any inference that the term `person', as used in such subparagraph, may be construed more broadly than its ordinary usage so as to include any government or agency of government; or
`(ii) any immunity against, or otherwise affecting, any civil or criminal action brought by any government or agency of government to enforce any constitution, law, or regulation of such government or agency.'.

(b) PROHIBITION ON NOTIFICATION OF DISCLOSURES- Section 5318(g)(2) of title 31, United States Code, is amended to read as follows:

`(2) NOTIFICATION PROHIBITED-
`(A) IN GENERAL- If a financial institution or any director, officer, employee, or agent of any financial institution, voluntarily or pursuant to this section or any other authority, reports a suspicious transaction to a government agency--
`(i) the financial institution, director, officer, employee, or agent may not notify any person involved in the transaction that the transaction has been reported; and
`(ii) no officer or employee of the Federal Government or of any State, local, tribal, or territorial government within the United States, who has any knowledge that such report was made may disclose to any person involved in the transaction that the transaction has been reported, other than as necessary to fulfill the official duties of such officer or employee.
`(B) DISCLOSURES IN CERTAIN EMPLOYMENT REFERENCES-
`(i) RULE OF CONSTRUCTION- Notwithstanding the application of subparagraph (A) in any other context, subparagraph (A) shall not be construed as prohibiting any financial institution, or any director, officer, employee, or agent of such institution, from including information that was included in a report to which subparagraph (A) applies--
`(I) in a written employment reference that is provided in accordance with section 18(w) of the Federal Deposit Insurance Act in response to a request from another financial institution; or
`(II) in a written termination notice or employment reference that is provided in accordance with the rules of a self-regulatory organization registered with the Securities and Exchange Commission or the Commodity Futures Trading Commission,
except that such written reference or notice may not disclose that such information was also included in any such report, or that such report was made.
`(ii) INFORMATION NOT REQUIRED- Clause (i) shall not be construed, by itself, to create any affirmative duty to include any information described in clause (i) in any employment reference or termination notice referred to in clause (i).'.


SEC. 411. DEFINITIONS RELATING TO TERRORISM.

(a) GROUNDS OF INADMISSIBILITY- Section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)) is amended--

(1) in subparagraph (B)--
(A) in clause (i)--
(i) by amending subclause (IV) to read as follows:
`(IV) is a representative (as defined in clause (v)) of--

`(aa) a foreign terrorist organization, as designated by the Secretary of State under section 219, or

`(bb) a political, social or other similar group whose public endorsement of acts of terrorist activity the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities,';

(ii) in subclause (V), by inserting `or' after `section 219,'; and
(iii) by adding at the end the following new subclauses:
`(VI) has used the alien's position of prominence within any country to endorse or espouse terrorist activity, or to persuade others to support terrorist activity or a terrorist organization, in a way that the Secretary of State has determined undermines United States efforts to reduce or eliminate terrorist activities, or
`(VII) is the spouse or child of an alien who is inadmissible under this section, if the activity causing the alien to be found inadmissible occurred within the last 5 years,';
(B) by redesignating clauses (ii), (iii), and (iv) as clauses (iii), (iv), and (v), respectively;
(C) in clause (i)(II), by striking `clause (iii)' and inserting `clause (iv)';
(D) by inserting after clause (i) the following:
`(ii) EXCEPTION- Subclause (VII) of clause (i) does not apply to a spouse or child--
`(I) who did not know or should not reasonably have known of the activity causing the alien to be found inadmissible under this section; or
`(II) whom the consular officer or Attorney General has reasonable grounds to believe has renounced the activity causing the alien to be found inadmissible under this section.';
(E) in clause (iii) (as redesignated by subparagraph (B))--
(i) by inserting `it had been' before `committed in the United States'; and
(ii) in subclause (V)(b), by striking `or firearm' and inserting `, firearm, or other weapon or dangerous device';
(F) by amending clause (iv) (as redesignated by subparagraph (B)) to read as follows:
`(iv) ENGAGE IN TERRORIST ACTIVITY DEFINED- As used in this chapter, the term `engage in terrorist activity' means, in an individual capacity or as a member of an organization--
`(I) to commit or to incite to commit, under circumstances indicating an intention to cause death or serious bodily injury, a terrorist activity;
`(II) to prepare or plan a terrorist activity;
`(III) to gather information on potential targets for terrorist activity;
`(IV) to solicit funds or other things of value for--

`(aa) a terrorist activity;

`(bb) a terrorist organization described in clause (vi)(I) or (vi)(II); or

`(cc) a terrorist organization described in clause (vi)(III), unless the solicitor can demonstrate that he did not know, and should not reasonably have known, that the solicitation would further the organization's terrorist activity;

`(V) to solicit any individual--

`(aa) to engage in conduct otherwise described in this clause;

`(bb) for membership in a terrorist organization described in clause (vi)(I) or (vi)(II); or

`(cc) for membership in a terrorist organization described in clause (vi)(III), unless the solicitor can demonstrate that he did not know, and should not reasonably have known, that the solicitation would further the organization's terrorist activity; or

`(VI) to commit an act that the actor knows, or reasonably should know, affords material support, including a safe house, transportation, communications, funds, transfer of funds or other material financial benefit, false documentation or identification, weapons (including chemical, biological, or radiological weapons), explosives, or training--

`(aa) for the commission of a terrorist activity;

`(bb) to any individual who the actor knows, or reasonably should know, has committed or plans to commit a terrorist activity;

`(cc) to a terrorist organization described in clause (vi)(I) or (vi)(II); or

`(dd) to a terrorist organization described in clause (vi)(III), unless the actor can demonstrate that he did not know, and should not reasonably have known, that the act would further the organization's terrorist activity.

This clause shall not apply to any material support the alien afforded to an organization or individual that has committed terrorist activity, if the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, concludes in his sole unreviewable discretion, that this clause should not apply.'; and
(G) by adding at the end the following new clause:
`(vi) TERRORIST ORGANIZATION DEFINED- As used in clause (i)(VI) and clause (iv), the term `terrorist organization' means an organization--
`(I) designated under section 219;
`(II) otherwise designated, upon publication in the Federal Register, by the Secretary of State in consultation with or upon the request of the Attorney General, as a terrorist organization, after finding that the organization engages in the activities described in subclause (I), (II), or (III) of clause (iv), or that the organization provides material support to further terrorist activity; or
`(III) that is a group of two or more individuals, whether organized or not, which engages in the activities described in subclause (I), (II), or (III) of clause (iv).'; and
(2) by adding at the end the following new subparagraph:
`(F) ASSOCIATION WITH TERRORIST ORGANIZATIONS- Any alien who the Secretary of State, after consultation with the Attorney General, or the Attorney General, after consultation with the Secretary of State, determines has been associated with a terrorist organization and intends while in the United States to engage solely, principally, or incidentally in activities that could endanger the welfare, safety, or security of the United States is inadmissible.'.

(b) CONFORMING AMENDMENTS-

(1) Section 237(a)(4)(B) of the Immigration and Nationality Act (8 U.S.C. 1227(a)(4)(B)) is amended by striking `section 212(a)(3)(B)(iii)' and inserting `section 212(a)(3)(B)(iv)'.
(2) Section 208(b)(2)(A)(v) of the Immigration and Nationality Act (8 U.S.C. 1158(b)(2)(A)(v)) is amended by striking `or (IV)' and inserting `(IV), or (VI)'.

(c) RETROACTIVE APPLICATION OF AMENDMENTS-

(1) IN GENERAL- Except as otherwise provided in this subsection, the amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to--
(A) actions taken by an alien before, on, or after such date; and
(B) all aliens, without regard to the date of entry or attempted entry into the United States--
(i) in removal proceedings on or after such date (except for proceedings in which there has been a final administrative decision before such date); or
(ii) seeking admission to the United States on or after such date.
(2) SPECIAL RULE FOR ALIENS IN EXCLUSION OR DEPORTATION PROCEEDINGS- Notwithstanding any other provision of law, sections 212(a)(3)(B) and 237(a)(4)(B) of the Immigration and Nationality Act, as amended by this Act, shall apply to all aliens in exclusion or deportation proceedings on or after the date of the enactment of this Act (except for proceedings in which there has been a final administrative decision before such date) as if such proceedings were removal proceedings.
(3) SPECIAL RULE FOR SECTION 219 ORGANIZATIONS AND ORGANIZATIONS DESIGNATED UNDER SECTION 212(a)(3)(B)(vi)(II)-
(A) IN GENERAL- Notwithstanding paragraphs (1) and (2), no alien shall be considered inadmissible under section 212(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)), or deportable under section 237(a)(4)(B) of such Act (8 U.S.C. 1227(a)(4)(B)), by reason of the amendments made by subsection (a), on the ground that the alien engaged in a terrorist activity described in subclause (IV)(bb), (V)(bb), or (VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so amended) with respect to a group at any time when the group was not a terrorist organization designated by the Secretary of State under section 219 of such Act (8 U.S.C. 1189) or otherwise designated under section 212(a)(3)(B)(vi)(II) of such Act (as so amended).
(B) STATUTORY CONSTRUCTION- Subparagraph (A) shall not be construed to prevent an alien from being considered inadmissible or deportable for having engaged in a terrorist activity--
(i) described in subclause (IV)(bb), (V)(bb), or (VI)(cc) of section 212(a)(3)(B)(iv) of such Act (as so amended) with respect to a terrorist organization at any time when such organization was designated by the Secretary of State under section 219 of such Act or otherwise designated under section 212(a)(3)(B)(vi)(II) of such Act (as so amended); or
(ii) described in subclause (IV)(cc), (V)(cc), or (VI)(dd) of section 212(a)(3)(B)(iv) of such Act (as so amended) with respect to a terrorist organization described in section 212(a)(3)(B)(vi)(III) of such Act (as so amended).
(4) EXCEPTION- The Secretary of State, in consultation with the Attorney General, may determine that the amendments made by this section shall not apply with respect to actions by an alien taken outside the United States before the date of the enactment of this Act upon the recommendation of a consular officer who has concluded that there is not reasonable ground to believe that the alien knew or reasonably should have known that the actions would further a terrorist activity.

(c) DESIGNATION OF FOREIGN TERRORIST ORGANIZATIONS- Section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)) is amended--

(1) in paragraph (1)(B), by inserting `or terrorism (as defined in section 140(d)(2) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(d)(2)), or retains the capability and intent to engage in terrorist activity or terrorism' after `212(a)(3)(B)';
(2) in paragraph (1)(C), by inserting `or terrorism' after `terrorist activity';
(3) by amending paragraph (2)(A) to read as follows:
`(A) NOTICE-
`(i) TO CONGRESSIONAL LEADERS- Seven days before making a designation under this subsection, the Secretary shall, by classified communication, notify the Speaker and Minority Leader of the House of Representatives, the President pro tempore, Majority Leader, and Minority Leader of the Senate, and the members of the relevant committees of the House of Representatives and the Senate, in writing, of the intent to designate an organization under this subsection, together with the findings made under paragraph (1) with respect to that organization, and the factual basis therefor.
`(ii) PUBLICATION IN FEDERAL REGISTER- The Secretary shall publish the designation in the Federal Register seven days after providing the notification under clause (i).';
(4) in paragraph (2)(B)(i), by striking `subparagraph (A)' and inserting `subparagraph (A)(ii)';
(5) in paragraph (2)(C), by striking `paragraph (2)' and inserting `paragraph (2)(A)(i)';
(6) in paragraph (3)(B), by striking `subsection (c)' and inserting `subsection (b)';
(7) in paragraph (4)(B), by inserting after the first sentence the following: `The Secretary also may redesignate such organization at the end of any 2-year redesignation period (but not sooner than 60 days prior to the termination of such period) for an additional 2-year period upon a finding that the relevant circumstances described in paragraph (1) still exist. Any redesignation shall be effective immediately following the end of the prior 2-year designation or redesignation period unless a different effective date is provided in such redesignation.';
(8) in paragraph (6)(A)--
(A) by inserting `or a redesignation made under paragraph (4)(B)' after `paragraph (1)';
(B) in clause (i)--
(i) by inserting `or redesignation' after `designation' the first place it appears; and
(ii) by striking `of the designation'; and
(C) in clause (ii), by striking `of the designation';
(9) in paragraph (6)(B)--
(A) by striking `through (4)' and inserting `and (3)'; and
(B) by inserting at the end the following new sentence: `Any revocation shall take effect on the date specified in the revocation or upon publication in the Federal Register if no effective date is specified.';
(10) in paragraph (7), by inserting `, or the revocation of a redesignation under paragraph (6),' after `paragraph (5) or (6)'; and
(11) in paragraph (8)--
(A) by striking `paragraph (1)(B)' and inserting `paragraph (2)(B), or if a redesignation under this subsection has become effective under paragraph (4)(B)';
(B) by inserting `or an alien in a removal proceeding' after `criminal action'; and
(C) by inserting `or redesignation' before `as a defense'.

SEC. 412. MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS CORPUS; JUDICIAL REVIEW.

(a) IN GENERAL- The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting after section 236 the following:

`MANDATORY DETENTION OF SUSPECTED TERRORISTS; HABEAS CORPUS; JUDICIAL REVIEW

`SEC. 236A. (a) DETENTION OF TERRORIST ALIENS-

`(1) CUSTODY- The Attorney General shall take into custody any alien who is certified under paragraph (3).
`(2) RELEASE- Except as provided in paragraphs (5) and (6), the Attorney General shall maintain custody of such an alien until the alien is removed from the United States. Except as provided in paragraph (6), such custody shall be maintained irrespective of any relief from removal for which the alien may be eligible, or any relief from removal granted the alien, until the Attorney General determines that the alien is no longer an alien who may be certified under paragraph (3). If the alien is finally determined not to be removable, detention pursuant to this subsection shall terminate.
`(3) CERTIFICATION- The Attorney General may certify an alien under this paragraph if the Attorney General has reasonable grounds to believe that the alien--
`(A) is described in section 212(a)(3)(A)(i), 212(a)(3)(A)(iii), 212(a)(3)(B), 237(a)(4)(A)(i), 237(a)(4)(A)(iii), or 237(a)(4)(B); or
`(B) is engaged in any other activity that endangers the national security of the United States.
`(4) NONDELEGATION- The Attorney General may delegate the authority provided under paragraph (3) only to the Deputy Attorney General. The Deputy Attorney General may not delegate such authority.
`(5) COMMENCEMENT OF PROCEEDINGS- The Attorney General shall place an alien detained under paragraph (1) in removal proceedings, or shall charge the alien with a criminal offense, not later than 7 days after the commencement of such detention. If the requirement of the preceding sentence is not satisfied, the Attorney General shall release the alien.
`(6) LIMITATION ON INDEFINITE DETENTION- An alien detained solely under paragraph (1) who has not been removed under section 241(a)(1)(A), and whose removal is unlikely in the reasonably foreseeable future, may be detained for additional periods of up to six months only if the release of the alien will threaten the national security of the United States or the safety of the community or any person.
`(7) REVIEW OF CERTIFICATION- The Attorney General shall review the certification made under paragraph (3) every 6 months. If the Attorney General determines, in the Attorney General's discretion, that the certification should be revoked, the alien may be released on such conditions as the Attorney General deems appropriate, unless such release is otherwise prohibited by law. The alien may request each 6 months in writing that the Attorney General reconsider the certification and may submit documents or other evidence in support of that request.

`(b) HABEAS CORPUS AND JUDICIAL REVIEW-

`(1) IN GENERAL- Judicial review of any action or decision relating to this section (including judicial review of the merits of a determination made under subsection (a)(3) or (a)(6)) is available exclusively in habeas corpus proceedings consistent with this subsection. Except as provided in the preceding sentence, no court shall have jurisdiction to review, by habeas corpus petition or otherwise, any such action or decision.
`(2) APPLICATION-
`(A) IN GENERAL- Notwithstanding any other provision of law, including section 2241(a) of title 28, United States Code, habeas corpus proceedings described in paragraph (1) may be initiated only by an application filed with--
`(i) the Supreme Court;
`(ii) any justice of the Supreme Court;
`(iii) any circuit judge of the United States Court of Appeals for the District of Columbia Circuit; or
`(iv) any district court otherwise having jurisdiction to entertain it.
`(B) APPLICATION TRANSFER- Section 2241(b) of title 28, United States Code, shall apply to an application for a writ of habeas corpus described in subparagraph (A).
`(3) APPEALS- Notwithstanding any other provision of law, including section 2253 of title 28, in habeas corpus proceedings described in paragraph (1) before a circuit or district judge, the final order shall be subject to review, on appeal, by the United States Court of Appeals for the District of Columbia Circuit. There shall be no right of appeal in such proceedings to any other circuit court of appeals.
`(4) RULE OF DECISION- The law applied by the Supreme Court and the United States Court of Appeals for the District of Columbia Circuit shall be regarded as the rule of decision in habeas corpus proceedings described in paragraph (1).

`(c) STATUTORY CONSTRUCTION- The provisions of this section shall not be applicable to any other provision of this Act.'.

(b) CLERICAL AMENDMENT- The table of contents of the Immigration and Nationality Act is amended by inserting after the item relating to section 236 the following:

`Sec. 236A. Mandatory detention of suspected terrorist; habeas corpus; judicial review.'.

(c) REPORTS- Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter, the Attorney General shall submit a report to the Committee on the Judiciary of the House of Representatives and the Committee on the Judiciary of the Senate, with respect to the reporting period, on--

(1) the number of aliens certified under section 236A(a)(3) of the Immigration and Nationality Act, as added by subsection (a);
(2) the grounds for such certifications;
(3) the nationalities of the aliens so certified;
(4) the length of the detention for each alien so certified; and
(5) the number of aliens so certified who--
(A) were granted any form of relief from removal;
(B) were removed;
(C) the Attorney General has determined are no longer aliens who may be so certified; or
(D) were released from detention.

***********************************************************************

and my favourite:

SEC. 802. DEFINITION OF DOMESTIC TERRORISM.

(a) DOMESTIC TERRORISM DEFINED- Section 2331 of title 18, United States Code, is amended--
(1) in paragraph (1)(B)(iii), by striking `by assassination or kidnapping' and inserting `by mass destruction, assassination, or kidnapping';
(2) in paragraph (3), by striking `and';
(3) in paragraph (4), by striking the period at the end and inserting `; and'; and
(4) by adding at the end the following:
`(5) the term `domestic terrorism' means activities that--
`(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;
`(B) appear to be intended--
`(i) to intimidate or coerce a civilian population;
`(ii) to influence the policy of a government by intimidation or coercion; or
`(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping; and
`(C) occur primarily within the territorial jurisdiction of the United States.'.

(b) CONFORMING AMENDMENT- Section 3077(1) of title 18, United States Code, is amended to read as follows:

`(1) `act of terrorism' means an act of domestic or international terrorism as defined in section 2331;'.

SEC. 803. PROHIBITION AGAINST HARBORING TERRORISTS.

(a) IN GENERAL- Chapter 113B of title 18, United States Code, is amended by adding after section 2338 the following new section:

`Sec. 2339. Harboring or concealing terrorists

`(a) Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe, has committed, or is about to commit, an offense under section 32 (relating to destruction of aircraft or aircraft facilities), section 175 (relating to biological weapons), section 229 (relating to chemical weapons), section 831 (relating to nuclear materials), paragraph (2) or (3) of section 844(f) (relating to arson and bombing of government property risking or causing injury or death), section 1366(a) (relating to the destruction of an energy facility), section 2280 (relating to violence against maritime navigation), section 2332a (relating to weapons of mass destruction), or section 2332b (relating to acts of terrorism transcending national boundaries) of this title, section 236(a) (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284(a)), or section 46502 (relating to aircraft piracy) of title 49, shall be fined under this title or imprisoned not more than ten years, or both.'.

`(b) A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law.'.

(b) TECHNICAL AMENDMENT- The chapter analysis for chapter 113B of title 18, United States Code, is amended by inserting after the item for section 2338 the following:

`2339. Harboring or concealing terrorists.'.


ya'll just gotta read the rest... let us keep those who are suffering in mind, and stay strong amongst the forces...