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September 2005 On the morning of September 11, 2001, I awoke to a ringing phone. “Quick, turn on your TV,” my best friend blurted out. “The World Trade Center just got hit by two jets.” Over the next 30 minutes, along with millions of other viewers, I witnessed the horrifying spectacle of the World Trade Center collapsing, with occasional segues to Washington, D.C., where the Pentagon had been hit by a third jet.  In the end, more than 3,000 souls perished. But what was yet to come was even more frightening. Within a few weeks of the attacks, the Bush administration put into effect a series of executive orders, and Congress enacted new legislation, which in hindsight can be labeled the most significant rollback of constitutional rights in U.S. history. I realize that’s a pretty serious charge. In this article, I’ve outlined five of what I feel are the most profound threats to American liberties resulting from the War on Terrorism. More importantly, as serious as these threats are, they do not—at least yet—infringe on your right to invest overseas or depart from the United States. And by exercising these rights, you can take a big step toward reclaiming the freedoms you’ve lost since September 11.  But first, let’s compare a few important sections of the U.S. Constitution, before and after September 11, 2001. #1: U.S. Citizens Now Face Possibility of Torture, Summary Execution and Imprisonment Without Trial  Before 9/11/01. Art. 1 (9) of the U.S. Constitution obliges the government not to suspend the Writ of Habeas Corpus, except in cases of rebellion or invasion. The habeas corpus privilege prohibits the government from imprisoning you without giving you the opportunity to challenge your detention in court.  After 9/11/01. On Noember 13, 2001, President Bush signed an executive order authorizing the government to designate any person who is not a U.S. citizen as an “enemy combatant” and imprison them indefinitely, without criminal charges or access to an attorney. Several hundred persons have been detained pursuant to this order, mostly at Guantanamo Bay, Cuba. The order also authorized the use of military tribunals against enemy combatants. The tribunal serves as interrogator, prosecutor, defense counsel, judge, and when death sentences are imposed, as executioner. Military tribunals can conceal evidence by citing national security, make up their own rules and find a defendant guilty even if a third of the officers disagree. Moreover, the procedural rules don’t prohibit the use of torture. The Bush administration claims that international conventions signed by the United States that prohibit torture don’t apply to enemy combatants. Further, it alleges that U.S. courts have no right to intervene in these procedures.

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In other words, the Supreme Court has validated the government’s authority to drag you and any other U.S. citizen into custody as an enemy combatant. You may be imprisoned indefinitely without being charged with any crime. If you are found guilty, there is no right of appeal, and your sentence, which may include execution, may be carried out immediately.

You might believe only members of known terrorist organizations are affected by these provisions. Think again. Earlier this year, two 16-year-old girls from New York City were detained and rotted away for weeks in detention, because the FBI believed them to be “terrorist risks.” One girl wrote an essay in which she mentioned “suicide bombers.” The other is accused of being her friend. Based solely on this evidence, the FBI carried out warrantless invasions of the girls’ homes, detained them both and sent them off to prison without charging them with any crimes.

So much for habeas corpus (not to mention freedom of speech). But that’s just the beginning…

#2: The Government Can Secretly Read Your E-mail…Examine Your Library Records…and Snoop in Your Bank Account…Without a Warrant

Before 9/11/01. Amendment 4 to the U.S. Constitution protects U.S. persons against “unreasonable” searches and seizures. It requires the government to obtain a search warrant, backed by the legal standard of “probable cause,” before a search occurs. 

After 9/11/01. The USA PATRIOT Act greatly expanded the ability of government investigators to obtain personal and financial information, without obtaining a search warrant. The FBI now has the authority to issue “national security letters” that force businesses to hand over whatever customer information the agency demands, without going to court, and without a warrant. 

Banks, brokers, Internet service providers, physicians and all other U.S. businesses must comply with the order, or risk fines and imprisonment. They have no right to appeal the terms of the order before a court. And they must keep the search secret forever. Indeed, it’s a criminal offense for the business to notify the customer of the inquiry. Last September, a federal court overturned this provision of the PATRIOT Act. But that hasn’t stopped the government from continuing to use it while it appeals the decision. 

In testimony before Congress, in April 2005, Attorney General Alberto Gonzales said this provision of the USA PATRIOT Act is “critical” to maintain America’s security in an age of terrorism. That may sound reasonable at first glance, until you realize how these provisions have actually been used. For instance, in 2004, the FBI demanded that a public library turn over records of library patrons who had borrowed a copy of the book Bin Laden: The Man Who Declared War on America.

That’s what it has come to. The FBI thinks it’s a matter of national security to know if you’ve been reading “controversial” books. And God knows what else. 

Are these warrantless searches “reasonable” under the Fourth Amendment? History will judge, but members of The Sovereign Society might not want to wait for that verdict to protect their privacy. 
But wait, there’s more…

#3: If the Government Calls Your Business a “Terrorist Organization,” 

They Can Seize its Assets…and You Have No Right to Appeal

Before 9/11/01. Amendment 5 to the U.S. Constitution stipulates that “no person shall be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”

After 9/11/01. On September 24, 2001, President Bush imposed a state of national emergency under authority of an obscure 1977 law called the International Emergency Economic Powers Act (IEEPA). The order authorized the Treasury Department to declare any business, group or association a “terrorist organization” and freeze its assets.

Pursuant to this order, the FBI began raiding businesses or organizations that allegedly fund international terrorism. One was the Holy Land Foundation, a large Muslim charity. When the Treasury Department froze Holy Land’s assets, the charity went to court. However, in March 2004, the Supreme Court ruled that Holy Land had no right to challenge its designation as a “terrorist organization.”

Is this authority compatible with the Fifth Amendment? The Supreme Court says that it is. Its decision means that the government can designate any business or group as a “terrorist organization”—perhaps yours—and seize its assets, with no right of appeal. I can’t think of a better reason than this to begin moving your assets to safer havens. 

#4: Say Goodbye to Your Right to Legal Counsel—The Government is Now Accusing Lawyers who Represent Accused Terrorists…of Terrorism 

You might be thinking, “it couldn’t happen to me. Only a few hundred people have been affected by these laws and emergency orders so far. And besides, I’m not a terrorist…if there ever was a problem, I have good lawyers. They would find a way to get me out of detention…recover my assets…get the charges dismissed.”
Well maybe…and maybe not. Because if you hire an aggressive attorney, prosecutors might accuse your lawyer of the same crimes it alleges you committed. In the most notorious prosecution of this type, civil rights attorney Lynne Stewart was, in February 2005, convicted of conspiracy, providing material support to terrorists, and defrauding the U.S. government. 

Prosecutors alleged that public statements made by Stewart were in reality coded messages intended to be heard by her client’s terrorist co-conspirators, inciting them to violence. And the jury, conditioned to be petrified of anything that even hints of a terrorist connection, obediently found her guilty. 

#5: Get Ready for the “Forever War”

You might also believe, “this is only a phase…eventually the United States will return to ‘normal’.” 

Think again. During George W. Bush’s first term, Vice President Richard Cheney said that the war on terrorism could last “for generations.” Now, President Bush promises that the “war on terrorism” could last “forever.” He might be right. The war is politically popular and supported by both major parties. It has encountered only token criticism from the mainstream media. 

The result of the forever war is continued erosion of civil liberties. Those persons Bush has appointed to pursue this war, particularly Attorney General Alberto Gonzales and FBI Director Robert Mueller, are now seeking even stronger legal powers to fight terrorism. 

3 Steps To Regain The Freedoms You’ve Lost Since September 11

Are you willing to trust your assets—and your life—to the post-September 11 U.S. legal system? If not, here are three steps you should consider:

FIRST…establish an offshore nest egg that provides privacy and asset protection. An offshore bank account is a good start, but since you can be forced to repatriate the assets in an offshore account, an investment like a Swiss insurance policy that provides statutory asset protection under Swiss law is even a better idea. 

SECOND…investigate places to live outside the United States. I’ve been living in Austria for the last two years. It’s a lot different from the United States, and there have been some major adjustments, but there are no military tribunals, no secret detentions and no asset confiscation without a court hearing. Some other popular destinations for Sovereign Society members are Panama, Australia, France, Nicaragua, and Switzerland. To learn more about living in these countries, and many others, I recommend reading Robert Bauman’s The Complete Guide to Offshore Residency, Dual Citizenship and Second Passports. 

THIRD…it’s a big step, but the ultimate way to disconnect from the United States is to obtain a passport from another country and subsequently give up your U.S. citizenship. The decision to give up U.S. citizenship is a serious one. It’s a step that you should take only after deliberation with your family and professional advisors. That’s because there are significant tax and immigration implications to giving up U.S. citizenship. For more information, consult The Complete Guide to Offshore Residency, Dual Citizenship and Second Passports (see http://www.agora-inc.com/reports/190SLIFE/W190F610/).
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Mark Nestmann is a Research Editor for The Sovereign Society and president of The Nestmann Group, Ltd., a consultancy assisting high net-worth individuals achieve wealth preservation solutions. He is the author of many books and reports on privacy and asset protection, including The Lifeboat Strategy: Legally Protecting Wealth and Privacy in the 21st Century. Please see this month’s insert for details. Mark resides in Vienna, Austria, and serves as a consultant to The Sovereign Society. You can contact Mark at assetpro@nestmann.com or visit his website at http://www.nestmann.com.

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