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THE LAW LOFT
WEDNESDAY, OCTOBER 17, 2001
SPECIAL
ALERT:
FINAL
VOTE
ON CONFERENCE REPORT
TO ANTI-TERRORISM BILL
DUE IN HOUSE & SENATE
NEXT WEEK
Anthrax scare prompts out of order passage of
H.R. 3004 - financial anti-terrorism bill in House:
In a serious blow to American civil liberties, this
morning the House of Representatives passed H.R. 3004, “Financial
Anti-Terrorism Act of 2001” the financial disclosure portion of the
anti-terrorism package. Shortly
after the Speaker of the House’s office disclosed receipt of a
suspicious letter and announced that the House would recess today, the
House of Representative suspended its own rules and without debate
brought forth H.R. 3004 passing it by a vote of 414 to 1.
This is a set back for pro-civil liberties forces
because of the content of the bill and also because passage of the bill
removes one of the principal differences between the House and Senate
versions of the anti-terrorism bill last week thus making it easier to
conference out an agreed to final version.
What’s in H.R. 3004?
Although the Law Loft cannot be sure because part
of the bill’s content was replaced by a rapid floor motion prior to
passage this morning, we can say based on review of the original version
of H.R. 3004, that the version passed by the House today is likely to
contain:
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forfeiture of funds if bearer leaving
the USA, fails to declare transport of more than $ 10,000 in
currency or monetary instruments. (Note, that it’s money
leaving the USA not terrorist money coming in that is
targeted);
-
making it a crime to transport more
than $ 10,000 inside the USA with either knowledge of or ‘willful
blindness to either the source or intended use of the money
to promote a form of illegal activity (an incredibly vague test);
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creates a criminal offense for receipt
of assets real or personal that result from a foreign
felony;
-
makes FINCIN, the Financial Crimes
Communication Center ‘user friendly.’
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Ironically there is little mention of terrorism in
the original version, the Law Loft has read.
This bill on its face appears to be an assault of the financial
privacy of and monetary movements of ordinary Americans not terrorists.
It is remarkably similar in content to legislation passed by the
Nazis in 1933 to asset strip German citizens fleeing from the Nazi
terror.
What’s next?
Technically speaking a conference committee is
required to iron out by agreement the differences between the House and
Senate bills. Nevertheless, although it did not appear that any conferees
had been appointed, Senator Lott said today “Good progress has been
made on the terrorism legislation this afternoon.”
Tomorrow the Senate Judiciary Committee (the
committee with subject matter jurisdiction over this bill on the Senate
side) will meet in the morning to work on the anti-terrorism bills and
discuss nominees for judicial appointments.
Because an up or down vote is required in both the
House and the Senate with no amendments or changes is required to pass
the conference report and the House has adjourned until next week, we
expect the final vote on the conference report to occur in both the
House and the Senate on Tuesday or Wednesday next week.
What to do now:
Neither the House nor the Senate is presently
receiving mail from constituents due to the anthrax scare. All
communications must be by phone, e-mail or fax;
• Contact your Congressman/woman immediately.
If possible go to see your Congressman this weekend at his/her
local office. It is that
important. Our chance of
winning here appears greater in the House.
• Contact both Senators as well. (Californians, Senator Boxer
has expressed some reservations about the anti-terrorism bill.)
Tell them these bills do little to fight terrorism but
a lot to strip Americans of basic rights
of privacy
and of due process of law.
Don’t make the Bill of Rights the next victim
of the terrorist attacks! |
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