December 10, 2011

Joe Biden Drafted the Core of the Patriot Act in 1995 … Before the Oklahoma City Bombing

Everyone knows that the Patriot Act was drafted before 9/11.

But few know that it was Joe Biden who drafted the core provisions which were included in that bill … in 1995.

CNET reported in 2008:

Months before the Oklahoma City bombing took place, Biden introduced another bill called the Omnibus Counterterrorism Act of 1995. It previewed the 2001 Patriot Act by allowing secret evidence to be used in prosecutions, expanding the Foreign Intelligence Surveillance Act and wiretap laws, creating a new federal crime of “terrorism” that could be invoked based on political beliefs, permitting the U.S. military to be used in civilian law enforcement, and allowing permanent detention of non-U.S. citizens without judicial review.* The Center for National Security Studies said the bill would erode “constitutional and statutory due process protections” and would “authorize the Justice Department to pick and choose crimes to investigate and prosecute based on political beliefs and assocblank Joe Biden Drafted the Core of the Patriot Act in 1995 ... Before the Oklahoma City Bombingiations.”

Biden himself draws parallels between his 1995 bill and its 2001 cousin. “I drafted a terrorism bill after the Oklahoma City bombing. And the bill John Ashcroft sent up was my bill,” he said when the Patriot Act was being debated, according to the New Republic, which described him as “the Democratic Party’s de facto spokesman on the war against terrorism.”


Biden’s proposal probably helped to lay the groundwork for the Bush administration’s Patriot Act.

The Center for National Securities reported in 1995:

On February 10, 1995, a counterterrorism bill drafted by the Clinton
Administration was introduced in the Senate as S. 390 and in the House of
Representatives as H.R. 896.

The Clinton bill is a mixture of: provisions eroding constitutional and
statutory due process protections, selective federalization — on political
grounds — of state crimes (minus state due process rules), discredited
ideas from the Reagan and Bush Administrations, and the extension of some of
the worst elements of crime bills of the recent past.

The legislation would:

1. authorize the Justice Department to pick and choose crimes to
investigate and prosecute based on political beliefs and associations;

2. repeal the ancient provision barring the U.S. military from civilian
law enforcement;

3. expand a pre-trial detention scheme that puts the burden of proof on
the accused;

4. loosen the carefully-crafted rules governing federal wiretaps, in
violation of the Fourth Amendment;

5. establish special courts that would use secret evidence to order the
deportation of persons convicted of no crimes, in violation of basic
principles of due process;

6. permit permanent detention by the Attorney General of aliens convicted
of no crimes, with no judicial review;

7. give the President unreviewable power to criminalize fund-raising for
lawful activities associated with unpopular causes;

8. renege on the Administration’s approval in the last Congress of a
provision to insure that the FBI would not investigate based on First
Amendment activities; and

9. resurrect the discredited ideological visa denial provisions of the
McCarran Walter Act to bar foreign speakers.

* Note: The CNET article contains a typographical error, using the word “detection” instead of “detention” in the sentence: “allowing permanent detection of non-U.S. citizens without judicial review”. Not only does this make no sense, but a review of the bill confirms that it provided for permanent detention.

Category: Legal, Think Tank, War/Defense

Please use the comments to demonstrate your own ignorance, unfamiliarity with empirical data and lack of respect for scientific knowledge. Be sure to create straw men and argue against things I have neither said nor implied. If you could repeat previously discredited memes or steer the conversation into irrelevant, off topic discussions, it would be appreciated. Lastly, kindly forgo all civility in your discourse . . . you are, after all, anonymous.

3 Responses to “Core of Patriot Act Was Drafted in 1995 … By Joe Biden”

  1. Greg0658 says:

    Feb 28th – 100 agents raid Branch Davidian compound at Waco Texas
    Jan 3rd – 100s killed in Venezuela in prison revolt
    Jan 24th – Dow Jones closes above 3,900 for 1st time (3,914.48)
    Feb 3rd – Pres Bill Clinton lifts US trade embargo against Vietnam
    Feb 5th – “Where On Earth Is Carmen San Diego,” debuts on Fox TV
    Mar 4th – 4 Arab terrorist founded guilty of bombing the World Trade Center
    Apr 6th – Palestinian suicide bomber kills 7 Israelis & himself
    Apr 8th – Smoking banned in Pentagon & all US military bases
    Apr 20th – Serbian army bombs hospital in Goradze Bosnia, 47 killed
    Apr 23rd – Army shoots to death 23-40 fishermen in Gonaives Haiti
    Apr 25th – Mexican businessman & billionaire Angel Losada kidnap
    Apr 29th – Israel & PLO sign economic accord
    Jun 17th – OJ Simpson .. LA cops chase his Ford Bronco for 1½ hours
    Jun 20th – Bomb attack on Islamic temple in Mashad Iran (70 killed)
    Jul 18th – Bomb attack on Jewish center AMIA in Buenos Aires, 86 killed
    Jul 18th – Comet Shoemaker-Levy collides with Jupiter
    Jul 29th – 200,000 Moslems demand death to feminist Taslima Nasrin
    Aug 2nd – Congressional hearings begin on White Water
    Sep 16th – Fire Dept puts out smokey electrical fire in White House
    Oct 7th – China PR performs nuclear test at Lop Nor PRC
    Oct 24th – Bomb attack on opposition in Sri Lanka, 55+ killed
    Nov 9th – The chemical element Darmstadtium is discovered.
    Dec 21st – Bomb goes off on #4 train on Fulton Street NYC

    7 Space Shuttle missions (all :-)
    June was noteable with 4 of 10 earthquakes

    25 of 1,007 items

  2. Dow says:

    The first World Trade Center bombing was in February 1993. Subsequent trial & convictions for the bombing handed down starting in 1994.