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| FBI Abusing
Our Civil Liberties… What Else is New? |
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| Surprise,
surprise. The U.S. Justice Department's inspector general issued a scathing
report earlier this month criticizing how the FBI abuses a form of administrative
subpoena called "security letters" to obtain thousands of telephone, business
and financial records in secret without prior judicial approval. |
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| The
report says that the FBI lacks sufficient controls to make sure the subpoenas,
which don't require a judge's prior approval, are properly issued. According
to this report, the FBI doesn't even follow the rules it does have. |
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| Under
the U.S. PATRIOT Act the bureau has issued more than 20,000 of these "national
security letters." Far more then previously admitted, and the DOJ report
concludes that the program lacks effective management, monitoring and reporting
procedures. And we might add, this is evidence of wholesale violations
of the Fourth Amendment of the Bill of Rights and the U.S. Constitution!
(But does anyone care?) |
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| Back
in the days before the PATRIOT Act, these letters could only be issued
to a very select group of individuals who were suspected of the very serious
crime of espionage, defined as "spying to obtain secret government information."
But the Act allows the letters to be used against anyone, including U.S.
citizens, even if they are not suspected of espionage or any criminal activity. |
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| Also,
today FBI field offices are allowed to issue these letters independently.
In the past, only senior FBI officials had this privilege. And unlike Section
215 warrants, they are not subject to even perfunctory judicial review
or oversight. That's a system ripe for abuse. And it's finally being exposed
(by some other critic than us). |
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| In 2002, I
reported that the FBI quietly had been asking offshore financial institutions
to review their records for transactions involving scores of small businesses,
organizations and people in the U.S., none of whom had been charged with
any crime. The supposed object was to find terrorists and their cash. The
use of these slipshod "security letters" marked a drastic change in the
relationship between law enforcement and the financial industry. Financial
institutions only used to surrender records to government agents, only
after official proof of probable cause that a crime had occurred or was
about to occur and after a search warrant was issued by a federal judge
or magistrate. |
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| And all these
questionable government actions were and are kept secret because the PATRIOT
Act also allows the FBI and other government police to hide what they're
doing. The Act extends the power of government over personal and financial
records of every kind. It also throws aside previous guarantees under the
Fourth Amendment against unreasonable searches and seizures. |
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You
Heard It Here First!
I predicted
this would happen in a special report on the PATRIOT Act that I wrote in
2003 and revised recently. |
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| There is no
dispute that the PATRIOT Act makes it far easier for the FBI and even the
U.S. Central Intelligence Agency (CIA) to obtain a person's financial,
medical, student or other records. Under the Act, the FBI is given broad
authority to obtain financial, medical, business, bookstore and library
records, supposedly to pursue terrorist activities. |
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| Instead of
a normal "probable cause" search warrant, law enforcement authorities now
don't need to show a judge or magistrate that evidence of wrongdoing likely
will be found. And the custodians who hold records the government wants
are prohibited, under threat of criminal prosecution, from informing anyone
that their records were seized. |
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The
Sovereign Society, headquartered in Waterford, Ireland, was founded in
1998 to provide proven legal strategies for individuals to protect their
wealth and privacy, lower their taxes and to help improve their personal
freedom and liberty.
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The
Society's highly qualified contacts recommend only carefully chosen banks
and investment advisors as well as financial and legal professionals located
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as well as practical safeguards for financial, Internet and personal privacy.
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Yes,
learn what it is that the Sovereign Society can do for you. The Sovereign
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| Section 215
of the Act allows the FBI to order any person or entity to turn over "any
tangible things," so long as the FBI "specifies" that the order is "for
an authorized investigation...to protect against international terrorism
or clandestine intelligence activities." |
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| This vastly
expands former FBI powers to spy on ordinary people living in America,
including U.S. citizens and permanent resident aliens. And now it appears
the FBI has abused this unconstitutional police power, just as I and others
predicted it would. Is anyone really surprised that secret police powers
will be abused? |
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| Records that
can be obtained using the FBI letters include telephone logs, email logs,
certain financial and bank records and credit reports. All the FBI has
to say is that such information may be "relevant" to an ongoing terrorism
investigation. Supposedly these letters cannot be used in ordinary criminal
investigations. |
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Is This
Constitutional?
Over more
than two centuries, scores of U.S. Supreme Court cases have defined the
constitutional rights embodied in the Fourth Amendment that prohibits government
searches without a warrant and without a prior showing of probable cause.
Up until the PATRIOT Act, police requests for search warrants had to be
based on a reasonable belief that the person under investigation had committed
or was about to commit a crime. Thus section 215 of the Act clearly violates
the Fourth Amendment. |
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| The truth
is that the government really doesn't need these huge police powers. It
already has authority to prosecute anyone it has probable cause to believe
has committed, or is planning to commit, a crime. It also has the authority
to engage in surveillance of anyone whom it has probable cause to believe
represents a foreign power or is a spy, whether or not the person is suspected
of any crime. |
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| In my opinion,
while destroying our liberty and privacy, these broad police powers have
not increased measurably our national security or safety. |
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The
Strange Disappearance of 100,000 American Millionaires.
| Last year,
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new millionaires showed up overseas. Why? Because hugely profitable
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and Wall Street special interests. Like our recommended investments that
gained 797% and 1,794% during the bear market and our other investments
up 85%..117%...177%...225%. Find out what they don't want you to know... |
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