05. Anti-Terrorism and Effective Death Penalty Act of 1996 | Terrorism and War | Sovereign’s Handbook

By Johnny Liberty

The Anti-Terrorism and Effective Death Penalty Act of 1996, Public Law 104-132 passed on April 24, 1996, despite opposition by a wide mixture of strange bedfellows across the political spectrum. Organizations such as Gun Owners of America (GOA) teamed up with the American Civil Liberties Union (ACLU), the American Bar Association (ABA), and the National Black Police Association (NBPA) to fight the proposed law. 

They found themselves going head to head with an equally odd, or seemingly mismatched, group of cohorts lobbying in favor of the legislation, such as The Christian Coalition, the Anti-Defamation League (ADL) and the National Rifle Association (NRA). This legislation was punctuated by the one-year commemoration of the Oklahoma City bombing.

The Act had wide-reaching consequences that ought to chill the spine of every decent American born into the luxury of freedom in this increasingly unfree New World Order. Other associated legislation included:

  • Mandatory Victims Restitution Act of 1996.
  • Justice for Victims of Terrorism Act of 1996.
  • The U.S. Congress declared back then that dangers posed by international terrorism far outweigh any posed by overpopulation or pollution. Today, they have changed their tune and now declare that “domestic terrorism” and “white supremacism” pose the greater risk.. 

The Act came with warnings about affronts to civil liberties and unalienable rights, but instead U.S. President Clinton bemoaned the fact that the most important parts of the bill had been “left on the cutting room floor”, such as the section that would  have made it easier for authorities to wiretap all phones used by suspected terrorists at home or abroad.

Former FBI Director Louis Freeh said, he was particularly “chilled” by the wording that established a five member commission to study activities of federal law enforcement agencies. Perhaps, he will get a taste of his own medicine? His concern was dwarfed by the concerns of freedom-loving people that the future of liberty in the united states of America had taken a giant step into a darker age.

Vaguely defined legal concepts in the Act are likely to result in tough prosecution for those intent on exercising liberties asserted in the U.S. Constitution with the Bill of Rights. For example, was the unspecified “explosive materials”. in section 706 of the legislation be the same as ammunition? Will gun dealers thereby be punished for selling ammo to those who commit a crime if the State believes that the dealer had foreknowledge? It is essential for good legislation to have clear definitions. 

What will be the determining factors in establishing a reasonable cause to believe”?Moreover, what exactly does to “obstruct, delay, or affect interstate or foreign commerce” mean in Section 702?  Once again, vaguely defined legal terms cast the prosecution net much farther than required for “national security”.

For example, in 1942, the U.S. Supreme Court held that a farmer was negatively affecting interstate commerce when he ate his own crops, because that negated the need for him to buy his necessities in the open market. Sounds ridiculous, however, it is true.

Also in Section 702 of the Act, anyone involved in “conduct transcending national boundaries”and in a “circumstance” that includes use of any facility of interstate commerce or any type of property owned, leased or possessed by the “United States”, invokes the Act’s jurisdiction.

Does that mean “A Bernie Goetz who uses, say, an Italian-made Beretta to defend himself and then affects interstate commerce in the slightest way would trigger federal involvement and a BATF investigation…(and) be subject to a 30-year sentence for an ‘assault with a dangerous weapon.’”

What exactly is “conduct transcending national boundaries”? The term is defined as conduct occurring outside the United States…(and) inside the United States”. Of course, as you will learn in this book, “outside the United States” means within the sovereign states of the Union, and “inside the United States” means within territories that the “United States” government has jurisdiction.

Former U.S. Congresswoman Helen Chenoweth (R-ID) voted against the law and lobbied hard to protect habeas corpus rights, then naively said, Proponents mean no harm to the basic rights that Americans enjoy.” If what she hopes becomes law, which it did, then a small fox is guarding the hen house. 

If, on the other hand, this extensive “anti-terror law” is a Trojan Horse moving in under the guise of protecting us, then a ferocious cougar is guarding the hen house, and every Citizen best be unrelentingly vigilant. 

Here is another example of the tyranny inherent in this Act. A few years ago, former U.S. Secretary of the Interior Bruce Babbitt threatened to blow up Northwest dams to save the salmon. Now, anyone, including public officials who makes an off-the-cuff comment like that, can be thrown in prison for 10 years under the Anti-Terrorism and Effective Death Penalty Act.

Some of the features of this law are: 

  1. Established a five-member commission to  study the activities of federal law enforcement agencies.
  2. Removed privacy protections on interception of wireless messages.
  3. Increased the scope of the Bureau of Alcohol, Tobacco & Firearms (BATF).
  4. Prohibited providing material support of any kind to organizations the Attorney General or U.S. Secretary of State have deemed as international terrorist organizations.
  5. Freezes any domestic group’s bank accounts, with no provision for appeal, if a government official believes they may be an agent for foreign terrorists.
  6. Provided exception to rules of discovery in civil proceedings when the government claims “classified materials” are involved. 
  7. Includes habeas corpus provisions that curtails the ability to appeal previous court decisions where evidence was destroyed or suppressed by prosecutors such as in Waco and Oklahoma City.
  8. Authorized and funded “anti-terrorism” training programs.

“We should not forget that our tradition
is one of protest and revolt,
and it is stultifying to celebrate 
the rebels of the past
while we silence the rebels of the present.”
~ Henry Steele Commager

References:

  1. Wikipedia | Anti-Terrorism Act of 1996; Public Law 104-132; Fact Sheet: Problems With the Government Terror Bill, Gun Owners of America; Spokesman-Review, April 21, 1996; Reviewed by Estar Holmes.
  2. Wikipedia | William Norman Grigg, The New American, Vol. 12, No.13; U.S. Supreme Court decision on Interstate Commerce. Wickard v. Filburn, 1942.
  3. Quote by Henry Steele Commanger.

Source: Sovereign’s Handbook by Johnny Liberty (30th Anniversary Edition), Volume 1 of 3, p.195 – 197

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