Before our Congress right now is a fast-tracked omnibus anti-terrorism bill put forth by the U.S. Department of Justice in an effort to very quickly place tools in the hands of our government. To build a horse for our heroes, as it were. But history repeatedly tells us to be wary of these heroes on horseback who regularly appear in times of trouble – sage advice for any country and especially for America at this moment in history.
Consider what is being proposed within this seemingly all encompassing legislative vehicle, how it was crafted and by whom.
The “who” is a simple question to answer – it was written by bureaucrats with the Justice Department. It was of necessity put together by an amalgam of disparate subsections in the rush to get something, anything in place to use as a weapon in this new fight.
In short, it was developed by a group of people whose noses were pressed closely to the bark of their particular assigned tree so that few, if any, were allowed the opportunity to consider the forest it created.
Now as to what this newly created legislative wilderness contains, one needs to look at but a few examples to determine the need for much closer scrutiny.
Take for instance the extreme broadening of the definitions of terrorism. Under section 302 of the DOJ’s proposed legislation, a teen-ager who throws a stone at a post office may now be sentenced to life imprisonment under Title 18 USC, section 1361 that covers destruction of government property (no matter how minor). Potential life sentences as well for defacing a sign on an office building of an unfriendly foreign power (Afghanistan or Iraq comes to mind) during demonstrations under Title 18 USC, section 956 that covers conspiracy to injure property of a foreign government.
I do not know about your take on this vast and sudden expansion of legal penalties, but this is far more than just a bit unsettling to me.
How about a de facto life sentence for a legally admitted alien on the mere suspicion by the DOJ using a standard even lower than that currently required to obtain a search warrant anywhere in America? Habeas Corpus for these people could only be obtained by petitioning the Court of Appeals in the District of Columbia, a daunting hurdle even for the well heeled. Also included in the proposed bill are significant expansions of penalties for drug offenders, wiretapping. … The list just goes on and on.
If one considers the abundant opportunities for abuse and the traditional difficulty we have had in repealing any legislation, it is crystal clear that we must all look closely and then in our loudest voices be heard.
It may be illustrative to use the ever-slippery slope analogy in this circumstance. In my humble opinion this bill is the effective legislative equivalent of approving sustained carpet-bombing for a nasty infestation of rodents. Given the highly specific nature and arenas of the threats faced this proposal is ultimately self-defeating in the truest sense. It presents an additional issue of danger to the body politic of America in critical times and deserves the closest scrutiny before being approved, even in a highly reduced form.
What will we Americans do now that we have had a real fire in our Reichstag?
Tom Marzullo was a Special Forces soldier during Vietnam serving both on an A-Team and in MACVSOG. He completed his career in the U.S. Navy aboard submarines and was assigned to submarine special operations. He resides in Denver, Colorado with his bride of 21 years and their daughter.
