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Senator Dodd plans to Filibuster a FISA bill that will give “Retroactive Immunity” to Telecoms that helped NSA spy on Americans’ phone calls, faxes and emails? If the government provides the Telecoms “Retroactive Immunity” at least forty lawsuits filed against those companies will be trashed. Not so obvious is what will happen to NSA’s millions of illegally collected emails, faxes and personal phone call information that belong to U.S. Citizens? Will that information be deleted or copied?

Depending on the legal method U.S. Government devises to let the phone companies off the hook for spying on Americans, could set NSA free—to share its “illegally collected wiretap information” with local, state and federal police to initiate ordinary domestic criminal investigations.

Determining what NSA electronic surveillance can be used by police or introduced into court by Government, may be the next battle Americans have to fight. Previously prosecutors were not allowed access to the Justice Department’s intelligence files for domestic criminal prosecutions. In 2003 a court ruling lowered that barrier, allowing prosecutors to review old surveillance. In 2003, Attorney General John Ashcroft asked government prosecutors to review thousands of old intelligence files including wiretaps to retrieve information prosecutors could use in “ordinary criminal prosecutions.”

It is problematic Law enforcement agencies will want to use NSA’s old illegal wiretap evidence and other surveillance to go back decades to arrest Americans and/or civilly forfeit citizens’ homes, inheritances and business using a mere "preponderance of evidence" under Title 18 of the United States Code. The Patriot Act specifically mentions the provisions passed in Rep. Henry Hyde’s bill HR 1658 "The Civil Asset Forfeiture Reform Act of 2000." HR 1658 contained a "retroactive asset forfeiture provision" that was made retroactive for assets already subject to government forfeiture, "property already tainted by crime" providing that “the property” was part of or later connected to a criminal investigation that was in progress" when HR.1658 passed. In 2000 after HR1658 passed the old statute of limitations that gave government five years to seize property involved in crime died. Police now have five-years to seize property from “whenever they claim” they learned an asset was made subject to civil asset forfeiture. There are now over 200 U.S. laws that can subject property to civil asset forfeiture.

Imagine NSA sharing its illegal-domestic surveillance information with countless police agencies dependent on forfeiting Citizens’ property to pay their department operating costs. Police too easily can take an innocent person’s phone call or hastily written email out of context to allege a crime was committed. Imagine Police using the Patriot Act’s low standard of proof "a preponderance of evidence” to judge NSA illegal domestic wiretap information, perhaps to go back before 2000 to civilly seize a Citizen's home, business or other property. No conviction is required for the U.S. Government to civilly forfeit a Citizen’s home or business. Under the Patriot Act, witnesses can be kept secret while being paid part of the assets they cause to be forfeited.

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Thinking for Yourself is Now a Crime

By PAUL CRAIG ROBERTS
What was the greatest failure of 2007? President Bush's "surge" in Iraq? The decline in the value of the US dollar? Subprime mortgages? No. The greatest failure of 2007 was the newly sworn in Democratic Congress.
The American people's attempt in November 2006 to rein in a rogue government, which has committed the US to costly military adventures while running roughshod over the US Constitution, failed. Replacing Republicans with Democrats in the House and Senate has made no difference.
The assault on the US Constitution by the Democratic Party is as determined as the assault by the Republicans. On October 23, 2007, the House passed a bill sponsored by California Democratic congresswoman Jane Harman, chairwoman of a Homeland Security subcommittee, that overturns the constitutionally guaranteed rights to free expression, association, and assembly.
The bill passed the House on a vote of 404-6. In the Senate the bill is sponsored by Maine Republican Susan Collins and apparently faces no meaningful opposition.
Harman's bill is called the "Violent Radicalization and Homegrown Terrorism Prevention Act."When HR 1955 becomes law, it will create a commission tasked with identifying extremist people, groups, and ideas. The commission will hold hearings around the country, taking testimony and compiling a list of dangerous people and beliefs. The bill will, in short, create massive terrorism in the United States. But the perpetrators of terrorism will not be Muslim terrorists; they will be government agents and fellow citizens.
We are beginning to see who will be the inmates of the detention centers being built in the US by Halliburton under government contract.
Who will be on the "extremist beliefs" list? The answer is: civil libertarians, critics of Israel, 9/11 skeptics, critics of the administration's wars and foreign policies, critics of the administration's use of kidnapping, rendition, torture and violation of the Geneva Conventions, and critics of the administration's spying on Americans. Anyone in the way of a powerful interest group--such as environmentalists opposing politically connected developers--is also a candidate for the list.
The "Extremist Beliefs Commission" is the mechanism for identifying Americans who pose "a threat to domestic security" and a threat of "homegrown terrorism" that "cannot be easily prevented through traditional federal intelligence or law enforcement efforts."
This bill is a boon for nasty people. That SOB who stole your girlfriend, that hussy who stole your boyfriend, the gun owner next door--just report them to Homeland Security as holders of extreme beliefs. Homeland Security needs suspects, so they are not going to check. Under the new regime, accusation is evidence. Moreover, "our" elected representatives will never admit that they voted for a bill and created an "Extremist Belief Commission" for which there is neither need nor constitutional basis.
That boss who harasses you for coming late to work--he's a good candidate to be reported; so is that minority employee that you can't fire for any normal reason. So is the husband of that good-looking woman you have been unable to seduce. Every kind of quarrel and jealousy can now be settled with a phone call to Homeland Security.
Soon Halliburton will be building more detention centers.
Americans are so far removed from the roots of their liberty that they just don't get it. Most Americans don't know what habeas corpus is or why it is important to them. But they know what they want, and Jane Harman has given them a new way to settle scores and to advance their own interests.
Even educated liberals believe that the US Constitution is a "living document" that can be changed to mean whatever it needs to mean in order to accommodate some new important cause, such as abortion and legal privileges for minorities and the handicapped. Today it is the "war on terror" that the Constitution must accommodate. Tomorrow it can be the war on whomever or whatever.
Think about it. More than six years ago the World Trade Center and Pentagon were attacked. The US government blamed it on al Qaeda. The 9/11 Commission Report has been subjected to criticism by a large number of qualified people--including the commission's chairman and co-chairman.
Since 9/11 there have been no terrorist attacks in the US. The FBI has tried to orchestrate a few, but the "terrorist plots" never got beyond talk organized and led by FBI agents. There are no visible extremist groups other than the neoconservatives that control the government in Washington. But somehow the House of Representatives overwhelmingly sees a need to create a commission to take testimony and search out extremist views (outside of Washington, of course).
This search for extremist views comes after President Bush and the Justice (sic) Department declared that the President can ignore habeas corpus, ignore the Geneva Conventions, seize people without evidence, hold them indefinitely without presenting charges, torture them until they confess to some made up crime, and take over the government by declaring an emergency. Of course, none of these "patriotic" views are extremist.
The search for extremist views follows also the granting of contracts to Halliburton to build detention centers in the US. No member of Congress or the executive branch ever explained the need for the detention centers or who the detainees would be. Of course, there is nothing extremist about building detention centers in the US for undisclosed inmates.
Clearly the detention centers are not meant to just stand there empty. Thanks to 2007's greatest failure--the Democratic Congress--there is to be an "Extremist Beliefs Commission" to secure inmates for Bush's detention centers.
President Bush promises us that the wars he has launched will cause the "untamed fire of freedom" to "reach the darkest corners of our world." Meanwhile in America the fire of freedom has not only been tamed but also is being extinguished.
The light of liberty has gone out in the United States.
Paul Craig Roberts was Assistant Secretary of the Treasury in the Reagan administration.

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http://www.lompocrecord.com/articles...on/031008a.txt
Crime-busters turned snoopers
A team of research analysts at Syracuse University has been tracking the FBI's activity in domestic crime investigations. The results are revealing.
For example, in 2007, the FBI made 2,300 referrals of cases to be prosecuted to the U.S. Justice Department. In 1993, the FBI made 20,900 such referrals.
Two decades ago, FBI investigations contributed 36 percent of the total cases prosecuted by the Justice Department. Last year, the FBI referrals were down to 16 percent.
So, if FBI agents aren't investigating crime in the United States, what are they doing? Ferreting out terrorists, apparently, and invading your privacy in the process.
Internal audits indicate the FBI has continued, and even expanded, its pursuit of information on American citizens - made possible by the Patriot Act - although it was ordered by a federal judge last year to cease and desist.
The judge's ruling came after testimony that the FBI had issued more than 140,000 “national security letters” in the period from the beginning of 2003 through 2005. In his ruling, the federal judge called such snooping the “legislative equivalent of breaking and entering.”
So, in the opinion of at least one judge, instead of solving crime and helping to put criminals behind bars, the FBI has instead focused its energies on violating the privacy rights of U.S. citizens.
Those national security letters allow the FBI to comb through phone, Internet and bank records in an effort to thwart terrorism. It seems highly unlikely that there are many terrorists, or U.S. citizens with connections to terrorist groups, among the hundreds of thousands of citizens whose lives have now been pried into by the FBI.
FBI officials admitted last week that the federal judge's order to stop snooping, or at least slow the pace, had basically been ignored. The bureau apparently continues to eavesdrop.
The mental image is inescapable

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The FBI has recently adopted a novel investigative technique: posting hyperlinks that purport to be illegal videos of minors having sex, and then raiding the homes of anyone willing to click on them.
Undercover FBI agents used this hyperlink-enticement technique, which directed Internet users to a clandestine government server, to stage armed raids of homes in Pennsylvania, New York, and Nevada last year. The supposed video files actually were gibberish and contained no illegal images.
A CNET News.com review of legal documents shows that courts have approved of this technique, even though it raises questions about entrapment, the problems of identifying who's using an open wireless connection--and whether anyone who clicks on a FBI link that contains no child pornography should be automatically subject to a dawn raid by federal police.
Roderick Vosburgh, a doctoral student at Temple University who also taught history at La Salle University, was raided at home in February 2007 after he allegedly clicked on the FBI's hyperlink. Federal agents knocked on the door around 7 a.m., falsely claiming they wanted to talk to Vosburgh about his car. Once he opened the door, they threw him to the ground outside his house and handcuffed him.