February 7, 2003: Ultra-Secret Patriot Act II is Revealed
Charles Lewis of the Center for Public Integrity reveals the leaked text of a new anti-terrorism bill. Called the Domestic Security Enhancement Act of 2003, it becomes popularly known as the Patriot Act II. The text of the bill is dated January 9, 2003. [Congress, 1/9/2003; NOW with Bill Moyers, 2/7/2003; Center for Public Integrity, 2/7/2003] Before it was leaked, the bill was being prepared in complete secrecy from the public and Congress. Only House Speaker Dennis Hastert and Vice President Cheney were sent copies on January 10. [San Francisco Chronicle, 2/11/2003] A week earlier, Attorney General Ashcroft said the Justice Department was not working on any bill of this type, and when the text is released, they say it is just a rough draft. But the text “has all the appearance of a document that has been worked over and over.” [Village Voice, 2/28/2003; ABC News, 3/12/2003] Some, including a number of congresspeople, speculate that the government is waiting until a new terrorist act or war fever before formally introducing this bill. [NOW with Bill Moyers, 2/7/2003; Associated Press, 2/10/2003; United Press International, 3/10/2003; Village Voice, 3/26/2003] Here are some of its provisions:
March 16, 2003: Cheney Says Iraq Has ‘Reconstituted Nuclear Weapons’
- 1) The attorney general is given the power to deport any foreign national, even people who are legal permanent residents. No crime need be asserted, no proof offered, and the deportation can occur in complete secrecy. [St. Petersburg Times, 2/16/2003]
- 2) It would authorize secret arrests in terrorism investigations, which would overturn a court order requiring the release of names of their detainees. [St. Petersburg Times, 2/16/2003] Not even an attorney or family need be informed until the person is formally charged, if that ever happens. [ABC News, 3/12/2003]
- 3) The citizenship of any US citizen can be revoked if they are members of or have supported any group the attorney general designates as terrorist. [St. Petersburg Times, 2/16/2003] A person who gives money to a charity that only later turns out to have some terrorist connection could then lose his or her citizenship. [CNN, 3/6/2003]
- 4) “Whole sections… are devoted to removing judicial oversight.” Federal agents investigating terrorism could have access to credit reports, without judicial permission. [St. Petersburg Times, 2/16/2003]
- 5) Federal investigators can conduct wiretaps without a court order for 15 days whenever Congress authorizes force or in response to an attack on the United States. [United Press International, 3/10/2003]
- 6) It creates a DNA database of anyone the Justice Department determines to be a “suspect,” without court order. [Mercury News (San Jose), 2/20/2003]
- 7) It would be a crime for someone subpoenaed in connection with an investigation being carried out under the Patriot Act to alert Congress to any possible abuses committed by federal agents. [ABC News, 3/12/2003]
- 8) Businesses and their personnel who provide information to anti-terrorism investigators are granted immunity even if the information is fraudulent. [ABC News, 3/12/2003]
- 9) The government would be allowed to carry out electronic searches of virtually all information available about an individual without having to show probable cause and without informing the individual that the investigation was being carried out. Critics say this provision “would fundamentally change American society” because everyone would be under suspicion at all times. [ABC News, 3/12/2003]
- 10) Federal agents would be immune from prosecution when they engage in illegal surveillance acts. [United Press International, 3/10/2003]
- 11) Restrictions are eased on the use of secret evidence in the prosecution of terror cases. [United Press International, 3/10/2003]
- 12) Existing judicial consent decrees preventing local police departments from spying on civil rights groups and other organizations are canceled. [Salon, 3/24/2003]
- Initially the story generates little press coverage, but there is a slow stream of stories over the next weeks, all expressing criticism. Of all the major newspapers, only the Washington Post puts the story on the front page, and no television network has the story in prime time. [Associated Press, 2/8/2003; CBS News, 2/8/2003; Los Angeles Times, 2/8/2003; New York Times, 2/8/2003; Washington Post, 2/8/2003; Associated Press, 2/10/2003; San Francisco Chronicle, 2/11/2003; Los Angeles Times, 2/13/2003; St. Petersburg Times, 2/16/2003; Denver Post, 2/20/2003; Pittsburgh Post-Gazette, 2/20/2003; Mercury News (San Jose), 2/20/2003; Baltimore Sun, 2/21/2003; Star-Tribune (Minneapolis), 2/21/2003; Village Voice, 2/28/2003; Houston Chronicle, 3/1/2003; CNN, 3/6/2003; United Press International, 3/10/2003; ABC News, 3/12/2003; Herald Tribune (Sarasota), 3/19/2003; Salon, 3/24/2003; Village Voice, 3/26/2003; Tampa Tribune, 4/6/2003] Representative Jerrold Nadler (D) says the bill amounts to “little more than the institution of a police state.” [San Francisco Chronicle, 2/11/2003]
During an appearance on NBC’s “Meet The Press,” Vice President Dick Cheney says: “He’s had years to get good at it and we believe [Saddam Hussein]… has, in fact, reconstituted nuclear weapons. I think Mr. ElBaradei [the director of the UN’s International Atomic Energy Agency (IAEA)] frankly is wrong.” Cheney also insists that the US invasion force will be welcomed by the Iraqis. “I really do believe that we will be greeted as liberators,” he says. “The read we get on the people of Iraq is there is no question but what they want to the get rid of Saddam Hussein and they will welcome as liberators the United States when we come to do that.” [Meet the Press, 3/16/2002; Sunday Herald (Glasgow), 7/13/2003]
March 26, 2003: Bush Delays Release of Government Documents
Bush signs an executive order delaying the public release of millions of government documents, citing the need to more thoroughly review them first. The government faced a April 17 deadline for declassifying millions of documents at least 25 years old. [Reuters, 3/26/2003] The order also treats all material sent to American officials from foreign governments, no matter how routine, as subject to classification. It expands the ability of the CIA to shield documents from declassification. And for the first time, it gives the vice president the power to classify information. The New York Times says, “Offering that power to Vice President Dick Cheney, who has shown indifference to the public’s right to know what is going on inside the executive branch, seems a particularly worrying development.” [New York Times, 3/28/2003]
March 30, 2003: Rumsfeld States Desire for Iraqi Government that is Friendly toward US
US Secretary of Defense Donald Rumsfeld sends a classified paper to Secretary of State Colin Powell, Vice President Dick Cheney, and CIA Director George Tenet. In the paper, Rumsfeld says that the US should not hand over control of Iraq to the Iraqis too quickly. There should first be a guarantee that any new Iraqi government will be “friendly” to the US, he says. [Gordon and Trainor, 3/14/2006, pp. 479]
May 2003: Vice President Cheney Rejects Offer from Iran
Vice President Dick Cheney’s office rejects an offer of concessions from Iran, the BBC will later report in 2007. The offer is close to what the US will ask of Iran in 2007, observers will later note. In the 2003 offer, Iran says it will no longer support Lebanese and Palestinian militant groups, will help the US bring stability to Iraq, and will provide more information about its nuclear program. In exchange, Iran asks the US to end hostility toward Iran and halt sanctions against the country. Iran also wants the US to disband and repatriate the members of Mujahedeen-e Khalq, which, according to the BBC, came under US control following Saddam Hussein’s removal from power. Lawrence Wilkerson, a top aide to Secretary of State Colin Powell, will later say to the BBC that the State Department supported the offer, “but as soon as it got to the Vice President’s office, the old mantra of ‘We don’t talk to evil‘… reasserted itself” and Cheney’s office turned the offer down. [BBC, 1/18/2007]
End Part XXI