-Caveat Lector-

http://www.willpitt.com/Ashcroft.htm

John Ashcroft: American Fascist

"No one can terrorize a whole nation, unless we are all his accomplices."

- Edward R. Murrow

Attorney General John Ashcroft was called before Congress yesterday to
give testimony regarding the unprecedented restrictions being placed upon
the commonest of American liberties. With the passage of the PATRIOT
Anti-Terror Bill, and through an Executive Order signed by Bush
authorizing secret military tribunals for suspected terrorists, the latter
of which was enacted with virtually no Congressional oversight despite the
fact that it seems to violate the spirit, if not the letter of the Posse
Comitatus Act, Ashcroft had some things to answer for.

>From the beginning of his testimony, Ashcroft was defiant in the face of
some skeptical Democratic Senators. He waved a copy of an Al Qaeda
terrorism handbook in their faces as proof positive that no restriction of
freedom was too severe when considering the enemy he seeks.

In his opening remarks, Ashcroft made the following statement: "To those
who scare peace-loving people with phantoms of lost liberty; my message is
this: Your tactics only aid terrorists - for they erode our national unity
and diminish our resolve."

There is no plainer way to say it - this is rank demagoguery of a strain
so pure that it has not been heard in the political dialogue of this
nation since the dark days when Richard Nixon and Joseph McCarthy made
careers out of shattering innocent lives during highly publicized
anti-communist Congressional hearings in the 1950s.

In essence, John Ashcroft claims that if you question the unprecedented
steps he and his Justice Department are taking, if you voice doubts about
the concept of destroying freedom in order to save it, if you step out of
the narrow line being drawn by he and Mr. Bush, you are a terrorist. If
you dare to participate in that most fundamental American activity -
dissent - you are aiding and abetting the murderous butchers who sent
thousands of our citizens to death three months ago.

No more grave an accusation can be leveled in this time, and no more base
and groundless a charge can be or has been spoken. It is one thing to sit
for weeks and hold your tongue for fear of being called unpatriotic, as
many patriotic Americans did in the aftermath of September 11th. It is
another again to be called a terrorist for defending the sanctity of the
United States Constitution from men who come for it with erasers and
redacting tape.

Ashcroft claims that there are people who are scaring Americans with
"phantoms of lost liberty." Let us examine some of these phantoms, and see
if there is any flesh on the bone.

The First Amendment of the Constitution reads as follows: "Congress shall
make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the
press; or the right of the people peaceably to assemble, and to petition
the Government for a redress of grievances."

The idea that it was unpatriotic to question Bush in the aftermath of
September 11th received wide play and acclaim in the media, and still does
in many circles. This skirted the edges of free speech restrictions
forbidden by the First Amendment. Ashcrofts proclamation of December 6th,
that anyone who speaks out against his and Mr. Bush's plans, fairly
defines the reason this Amendment was created in the first place.

Patriotic Americans will now fear to speak out against the government, the
first fundamental responsibility of any citizen, for fear of an accusation
that will taint them forever. It is intimidation in the raw of the first
principle - the right to speak your mind, and to defy authority when it
has gone awry.

The Fourth Amendment to the Constitution reads as follows: "The right of
the people to be secure in their persons, houses, papers, and effects,
against unreasonable searches and seizures, shall not be violated, and no
Warrants shall issue, but upon probable cause, supported by Oath or
affirmation, and particularly describing the place to be searched, and the
persons or things to be seized."

Section 213 of the PATRIOT Anti-Terrorism Bill is entitled 'Authority for
Delaying Notice of the Execution of a Warrant.' Legal analysts have given
this provision a snappier title: the "sneak and peek" section. Under 213,
Federal officers can enter your home, search your belongings, and attach
devices to your personal computer that record and broadcast back to them
any and all keystrokes you make while online. They can do all of this
without ever letting you know they were there.

Ostensibly, this provision is aimed at true-blue terrorists. We don't want
them to know we're watching. After Ashcroft's performance of December 6th,
however, any belief we may have that he or his department will restrain
themselves from using this provision to police ordinary Americans must be
shaken to the core. If you speak out against Ashcroft, you are a
terrorist. The next logical step is that you will therefore be treated
like one.

The Sixth Amendment to the Constitution reads as follows: "In all criminal
prosecutions, the accused shall enjoy the right to a speedy and public
trial, by an impartial jury of the State and district wherein the crime
shall have been committed, which district shall have been previously
ascertained by law, and to be informed of the nature and cause of the
accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor, and to have the
Assistance of Counsel for his defense."

One of the main reasons Ashcroft was ordered to appear before Congress was
because of Bush's recent Executive Order authorizing the use of secret
military tribunals to try - and potentially order the execution of -
anyone suspected of being a terrorist. This is troubling on its face -
secret trials with secret evidence followed by secret judgments.

Read the Executive Order closely, however. The section entitled
'Definition and Policy' describes what manner of suspect would come before
the tribunal:

"(a) The term 'individual subject to this order' shall mean any individual
who is not a United States citizen with respect to whom I determine from
time to time in writing that:

(1) there is reason to believe that such individual, at the relevant
times, (i) is or was a member of the organization known as al Qaida; (ii)
has engaged in, aided or abetted, or conspired to commit, acts of
international terrorism, or acts in preparation therefor, that have
caused, threaten to cause, or have as their aim to cause, injury to or
adverse effects on the United States, its citizens, national security,
foreign policy, or economy; or (iii) has knowingly harbored one or more
individuals described in subparagraphs (i) or (ii) of subsection 2(a)(1)
of this order;

and (2) it is in the interest of the United States that such individual be
subject to this order."

It is (2) that gives pause. There are some 20 million non-citizens
occupying and working in this country right now. They could be arrested,
detained, tried and convicted in secret if someone decides "it is in the
interest of the United States." If John Ashcroft, whose idea of treason
extends to questioning his highly questionable actions, is representative
of the attitude being brought to this anti-terrorism endeavor, the
precepts laid out in the Sixth Amendment have suddenly turned appallingly
fragile.

One last thought: considering the lengths Ashcroft seems willing to go in
order to stifle dissent, one wonders how difficult it would be to strip
someone like you or I of our citizenship if we yell a bit too loudly. We
would then be subject to (2) as well. If we have learned anything in the
last three months, we have learned that the only thing sure to happen is
the previously inconceivable.

The phantoms Mr. Ashcroft so arrogantly disparaged seem to have some
significant substance, after all.

It comes to this: At the bottom, America is an idea, one represented and
defended by the Constitution, the Bill of Rights, and the Amendments
listed above. Destroy the idea and you have destroyed the nation. If we
are to believe the hyperbole of the administration, those who attacked us
on September 11th did so because they despise our freedoms. To destroy
those freedoms in response to the attack is tantamount to surrender.

I am not ready to surrender. Are you? Is Ashcroft? Is Bush? If not, then
there are other motives at work here. Power, after all, is always hungry
and in search of more territory to annex. Thus has it always been, which
is why those Amendments are so vital.

Fascism is defined as, "A system of government marked by centralization of
authority under a dictator, stringent socioeconomic controls, suppression
of the opposition through terror and censorship, and typically a policy of
belligerent nationalism."

The only thing probable is the unimaginable now. This definition cuts too
close to the bone. The time has come to stand up and say no to this slow
evisceration of the idea that is America, to say no to men like Ashcroft
who hold our essential freedoms in such contempt.

Never forget that it was Ashcroft, in the earliest iteration of the
Anti-Terrorism bill, who advocated the suspension of habeas corpus. If
there is a beating heart within the body of laws that protect our
freedoms, habeas corpus is it. That alone should be enough to rouse us
all.

I intend to challenge, at every opportunity, the assertion by Mr. Ashcroft
that dissention is equal to terrorism. I intend to continue my questioning
of his contra-Constitutional program of restrictions until they are
stopped. I beg you to do the same.

I offer you the opportunity to add your name and voice to this fight. Send
me an email here, and I will place your name on a list to appear on this
website. By giving me your name, you sign a document that states your
opposition to Ashcroft's Constitutional revisions while denouncing him for
daring to call you a terrorist.

You are an American patriot. Stand up and be counted as one.

It is entirely possible that there will be trouble for you if you do this.
Any fight for freedom has costs, and I cannot promise that you will not be
made to pay for daring to speak your American mind here.

All I can promise is this: You will have done the right thing.

Stand up.



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