This is a cross post from another system, thought you all might be "interested" in what our fearless leaders are up to now... This latest power grab makes the last two look small. Could this be what our Founding Fathers feared so much that they included the 2nd amendment?... Property Forfeiture for Speeches, Writings and Assembly by Ross Regnart The Crime Control Act of 1993 The Crime Control Act of 1993 redefines Illegal Search and Seizure while eliminating an innocent citizen's civil redress in suits against government officials and agents. [Title VII Section 2337] Incorporated: were provisions of proposed S.45 titled "Terrorism Death Penalty Act of 1991" Both bills contained language which can charge law abiding citizens of being agents or affording support to terrorist organizations. Consider: the Proper Forfeiture Effects on organizations and individuals when Speeches, Writings, and Assemblies mentioned in S.45 are combined with the Forfeiture Provisions of Biden's SB 266 now incorporated in The Crime Control Act of 1993: any individual or organization in the United States who had or should have had knowledge that an associate might commit a terrorist act can have their property seized. Written like Federal Drug Forfeiture Laws, a citizen who allowed their home or other real property to be used for an assembly would start out guilty having to prove they did not have knowledge of unlawful methods of the organization or individuals they allowed to use their property. See S.8 Definitions Title VII Section 2332 "Local" C Politically active organizations and labor unions are especially vulnerable to The Crime Control Act of 1993 provisions which define bodily acts as "terrorist acts" A fist fight at a demonstration or picket line would qualify. The physical act need not cause bodily harm as its provisions refer to "involving any violent act". S.8 The Crime Control Act of 1993 Forfeiture Provisions which seem aimed at public dissent are written like RICO laws taking on the added prospect of Political Property Forfeiture. Broadly written intent to commit terrorist acts is defined: "appear to be intended (1) to intimidate or coerce a civilian population; (2) to influence the policy of a government by intimidation or coercion." It would appear that provisions contained in Senator Biden's proposed Senate Bill 266, now included in The Crime Control Act of 1993, target any group of persons which would dare demonstrate for or against any issue. Any picket line which is alleged to have blocked public access could qualify to intimidate or coerce a civilian population. Should violence result for any reason at a public assembly, the Property Forfeiture Provisions of The Crime Control Act of 1993 may be triggered causing forfeiture of attending demonstrators' homes used for meetings and the vehicles they used for transportation to the event. Demonstrators and/or pickets who left messages on a member or organization computer BBS System could cause the forfeiture of the system and all its records. The fact the system operator had no knowledge of any planned violence will Not Prevent Property Forfeiture of organization and member assets. Conspiracy is enough. Under provisions of The Crime Control Act of 1993 Property Forfeiture, Arrest, Huge Fines, and Prison Sentences can result from "activities which appear to be intended toward violence". Distributing political action flyers could qualify. The Crime Control Act of 1993 Terrorist Provisions when first examined are misleading for they give the reader the impression they are after agents of a foreign power wishing to do Americans harm. The "Trojan Horse" in The Crime Control Act of 1993: anyone in the United States committing an undefined violent act or attending an assembly can be charged with terrorism. S.8 Terrorism Forfeiture Provisions Would Be Retroactive Going Back 4 Years. Discovery of Witnesses and Evidence Eliminated If a Defendant under Section 2333 of Title VII terrorist acts and/or conspiracy seeks to discover from the Department of Justice the evidence against him, the attorney for the Government may object on the grounds that compliance will interfere with a criminal investigation or prosecution of the incident, or a national security operation related to the incident, which is the subject of Civil Litigation. Example: Government Civil Forfeiture. Expected: Defense against Government charges may be difficult where citizens have no access to knowing of the alleged evidence against them or the right to cross examine government's secret witnesses. Secret Witnesses - Secret Trials: Protection of jurors and witnesses in Capital Cases Chapter 113B Section 138 states that the list of jurors and witnesses need not be furnished to Capital Offense Defendants should the court find by a preponderance of the evidence that providing the list may jeopardize the life or safety of any person. Title VII Section n2337 The Crime Control Act of 1993 eliminates civil suits against U.S. and Foreign Governments by innocent persons injured resulting from Government Agents in prusuit of terrorist acts. Title VII Section 711: Sentencing Guidelines Increased for Terrorist Crimes The United States Sentencing Commission shall have the power to provide an increase in the base offense level for any felony committed in the United States that involves or is intended to promote international terrorism. Participation by political activists in Lawful Speeches, Writings and Public Assemblies may be used as evidence by Government to show that a political participant was aware of the unlawful methods of the individual or organization they are alleged to have afforded One person's violent unlawful act at an assembly may be enough for the Government to allege the assembly Appears To Be Intended Toward Violence or Activities which could Intimidate or Coerce a Civilian Population. Under current drug forfeiture laws: innocent citizens have been implicated by informants who will often testify to anything to mitigate their own arrest. This has resulted in innocent citizens being arrested and killed by drug agents; forfeiture of the property; and financial ruination. Under proposed provisions of The Crime Control Act of 1993 special breaks are afforded informants, even against the death penalty. Government will have no difficulty Creating Informants to cause the incarceration of any citizen considered a threat to one's political agenda. Disproportionate zero tolerance laws have served as precedents for expanding forfeiture: Since 1984, forfeiture laws have been operating on the erroneous contention that property can possess intent to commit crime. Innocent owners can have their property seized prior to trial on mere suspicion, starting out guilty, the owner having to prove they did not have reason to know that their property was being used to facilitate a forfeitable offense. Government need only show the property owner was negligent in making his property available for illegal drug activity to cause its forfeiture. The Forfeiture Scam: tenants arrested on real property when offered a sentencing deal by a prosecutor or immunity from further prosecution, often reply in testimony, "that had the real property owner been vigilant, he or she could have discovered drug activity taking place on their property." Government has used against real property owners in Civil Forfeiture actions the fact that a property owner had reported to police that a tenant was dealing drugs at their property to show an owner had prior knowledge of the activity. Elderly citizens afraid to face machine guns and other threats by drug dealers are especially vulnerable to having their homes and rental property siezed. Elderly property owners, often in bad health, are easy prey for Police Forfeiture Squads.
Searches, wiretaps and seizures that result in obtaining evidence from
an invalid warrant issued by a detached and neutral magistrate found to be invalid based on misleading information or reckless disregard of the truth may in many instances override Constitutional 4th Amendment protection against illegal search and seizure.The Crime Control Act of 1993 will allow government to use against its citizens illegally seized evidence. S.8 The Crime Control Act of 1993 amends the "Exclusionary Rule" to add Section 3509 Admissibility of Evidence Obtained By Search or Seizure (a) Evidence Obtained By Objectively Reasonable Search or Seizure (b) Evidence Not Excludable By Statute or Rule: sets the groundwork for Government Forfeiture Squads to at random invade innocent owners' homes and businesses with a minimum of probable cause. Government need only assert that "a search and seizure was carried out in circumstances justifying an objectively reasonable belief that it was in conformity with the Fourth Amendment." Informants: Now being paid by government 25% of net proceeds realized from Forfeited Assets in drug related seizures could earn similar amounts causing forfeiture of citizens homes they allege to have been used by an owner for discussion of attending assemblies which the informant believed "appeared to be intended toward violence or to intimidate or coerce a civilian population." The Crime Control Act of 1993 Informants and law enforcement agencies addressing prevention of terrorist acts are to be funded by Forfeiture and Fines collected from terrorists and/or persons alleged to have afforded terrorists material support. Will Citizens Exercising Their Constitutional Right To Free Expression And Association Be Targeted By Government Agents Who Know Their Jobs Are Dependent ON Property Seizures, Fines and Arrests?
From "Property Forfeiture for Speeches, Writings and Assembly," by Ross Regnart, in the May, 1993 _Asset_Guardian_ newsletter (POBox 513, Franklin, NJ 07416, 1-201-827-0513). Informational posting of this article is allowed as long as credit is given to _Asset_Guardian_. Also published in Liberty Amendment News {Box 2386; El Cajon, CA 92021 (619)579-8500}, October 1993, Vol 15 No 3, page 3. Well,what does everyone think about this? I'd be EXTREMELY interested to learn if the citizens of Senator Joe Bidens home state of Delaware know what he has been involved in... Perhaps they might wish to ask their senator to explain just exactly what he thinks he is doing... ... Better to die on your feet,than to live on your knees ...
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