News

The Thought Crime Law

All of Connecticut's Congresspersons signed the Homegrown Terrorism Prevention Act, and none of them want to talk about it. So we called Dennis Kucinich, who read the bill and wouldn't sign it.

Comments (24)
Thursday, January 03, 2008

Full disclosure: according to a staff member from the office of Hartford’s own Congressman John Larson, this article is “not a good story.” It wasn’t worth our time to write it, nor the Congressman’s time to discuss it, and probably not worth your time to read it either. Nothing to see here, people. Move along.
Worthwhile or not, the story’s about a bill that recently passed the House of Representatives and looks on track to pass the Senate and be signed into law. Over 98 percent of Congressmen, including all five from Connecticut, voted in favor of it (the final count was 404 to 6), and when a bill passes with such a high majority it’s usually easy to find among that 98 percent a few Congressmen willing to go on the record to say “I voted for this incredibly important bill because blah blah blah.”

Not this time. No one who voted for the bill wants to talk about it. And when we called Larson’s D.C. office hoping to chat, staff member Emily Barocas said: “I used to be a journalist — I was on NPR — so I know where you’re coming from. I know what it’s like to want to get that big scoop, but this isn’t it … I know a good story from a bad story. This isn’t a good story.”

Maybe not. But we’d already spoken to Ohio Congressman and presidential candidate Dennis Kucinich, who’d told us he voted against the bill because it’s “unconstitutional” and “a thought-crime bill.” And a representative of Hawaii, Congressman Neil Abercrombie said his boss voted no because he felt the bill gave law enforcement too much power, and didn’t sufficiently protect individual rights.

So without mentioning any names to Barocas, we thanked her for the advice but said that since we’d already been in touch with 33 percent of all Congressmen who’d voted against the bill, we’d just go ahead and write about it anyway.

What is this Bill of Mystery, that Congresspeople will vote for yet not discuss? It’s called the Violent Radicalization and Homegrown Terrorism Prevention Act, also known as HR 1955, and one of the first things it says is that “Congress finds … The Internet has aided in facilitating violent radicalization, ideologically based violence, and the homegrown terrorism process in the United States by providing access to ... terrorist-related propaganda to United States citizens.”

The bill also says that “preventing the potential rise” of individual domestic terrorists like Tim McVeigh “cannot be easily accomplished solely through traditional federal intelligence or law enforcement efforts.”

Fine. The Internet helps terrorists and fighting terrorism is hard. So what does the bill plan to do about this?

“You should ask Representative [Jane] Harman of California,” Barocas said when we asked. “She wrote the bill, not Congressman Larson. He wasn’t even a co-sponsor.”

Good idea, except Harman never returned calls seeking comment. (Nor did anyone from the offices of the other four members of Connecticut’s Congressional delegation: representatives Chris Shays, Chris Murphy, Joe Courtney and Rosa Delauro.) Besides, we said to Barocas, since the Congressman voted for the bill he must have felt it worthwhile legislation. Perhaps he could tell us why?

“You ask what this bill allows [law enforcement to do] … the answer is nothing,” Barocas said. “It creates a grant communities can use to stem the tide of homegrown terrorism.”

That caught us by surprise, since we never realized there was a tide of homegrown terrorism threatening to wash over the country. Neither did Texas representative (and GOP presidential candidate) Ron Paul. He was absent the day of the House vote, but in a speech against the bill, Paul called it “an unwise and dangerous solution in search of a real problem. Previous acts of ideologically-motivated violence, though rare, have been resolved successfully using law enforcement techniques, existing laws against violence, and our court system.”

Which goes back to the question, “What does this bill allow law enforcement to do about terrorism that it couldn’t do before?” But Barocas didn’t consider the question worth passing on to her boss. “I just fail to see how having the Congressman answer these questions would be necessary … the more you study this bill the more you realize there’s nothing sinister here. I’ve been a journalist and I know there’s just no story here.”

Congressman and Presidential candidate Dennis Kucinich must’ve been unaware of the bill’s lack of storyness when he agreed to talk to us about it. When we asked why he voted it down, we expected him to say something pithy about the importance of civil liberties.

Instead, Kucinich said in a how-obvious tone of voice, “I voted against [the bill] because I read it, which is why I voted against the PATRIOT Act … you’d be surprised how many bills pass because people don’t have time to read it [before voting]. That’s what happens when you’ve got bills flying through the air like confetti at a special-interest parade.”

Or when Congressmen feel that writers and co-sponsors are the only ones who can be expected to know what a given bill says. At any rate, Kucinich wasn’t the only Congressman to compare HR 1955 to the PATRIOT Act; Connecticut’s Chris Shays did as well. In a press release urging his fellow legislators to vote for the bill, Shays wrote: “[Bunch of stuff about the dangers of terrorism.] Then came Sept. 11, and we did wake up somewhat. We reorganized our government and created the Department of Homeland Security. We passed the PATRIOT Act … I think it is absolutely important we pass this legislation.”

But explaining why it’s so important was something the Congressman couldn’t squeeze into his schedule.

The bill says nothing explicitly ominous. It even specifies that “The Department of Homeland Security’s efforts … shall not violate the constitutional rights, civil rights or civil liberties of United States citizens or lawful permanent residents.” So what’s the problem?

“Essentially,” said Kucinich, “the bill moves to criminalize thought by giving an overly broad view of the threat of homegrown terrorism.” Hence the problem: not that the bill threatens anything specific, but that it’s far too vague.

Dave Helfort, a spokesman for Congressman Neil Abercrombie of Hawaii, explained why his boss voted against the bill: “After looking it over, he just had a problem with the possibility that it went too far, opened the door to possible violations of privacy … [Abercrombie is] very sensitive to the possibility of giving too much power to law enforcement out of fear and overreaction.”

HR 1955 is written in the vague and eye-glazing bureaucratic language common to government documents (never “help” when you can “facilitate”), and sounds innocuous if you don’t read too closely.

“Violent radicalization,” one of the threats the bill seeks to curb, is defined there as “the process of adopting or promoting an extremist belief system for the purpose of facilitating ideologically-based violence to advance political, religious or social change.”

Acts of violence are already illegal, whether stemming from extreme beliefs or not. But “adopting” or “promoting” beliefs is supposed to be covered by the first amendment, which Kucinich said “protects freedom of speech, which should also include freedom of thought — thought usually precedes speech, unless you’re talking about Washington — this undercuts the first amendment, [because] lines like ‘ideologically based’ … says government should police ideas, not conduct.”

Or maybe he’s just being paranoid, to assume that our government, in the name of fighting terrorism, might step on civil liberties in the process.

Emily Barocas stopped taking our calls once it became obvious she wouldn’t dissuade us from writing this non-story. We made one last round of calls to Connecticut’s Congressional delegation in hopes of getting some pro-bill quotes to write here. But the staffers who returned our calls would only speak off the record, and said pretty much the same as Barocas: not that they’d ever worked for NPR, but they just couldn’t understand why we’d bother writing a story about this incredibly minor and unimportant bill.

Write to us at jabel@hartfordadvocate.com

Comments (24)
Post a Comment
If it's so unimportant why is no one talking? Even if the bill really is perfectly innocent lack of any discussion about what it does will just lead people to believe it *must* have something someone wants to hide - otherwise they'd talk about it.
Posted by Mike on 1.3.08 at 6.41
What? You think they know anything other than soundbites "its good,trust us". Of course, they have done so well eliminating the constitution, I guess they are wondering what it was that woke some folks up. Everyone needs to move along...nothing to see here....your rights aren't even available for review anymore, and they need this bill so no one can say what they are doing is wrong..I mean,everyone except the ufo monitors signed it, so it must be good...no we don't need to read it...if you are nervous, it just means you have something to hide, right?
Posted by Dennis on 1.3.08 at 7.02
This is positively Orwellian. Thank you, Hartford Advocate, for allowing such a story. It's truly shocking how far we've let our government be taken over by corporate interests, thus little to no coverage of such a heinous bill. Now they want to imprison us if they find us discussing our opposition to their policies on the Internet.

I'm praying Ron Paul places high in the Iowa Caucus tonight because he's our only chance to turn the government back over to the people. (I love you, too, Dennis!)
Posted by Elle on 1.3.08 at 7.59
Whether dem or repug, it doesn't seem to matter who is in charge in these times, we are heading over a precipice that brooks no return to democracy. I don't understand these people but during the depression there were two leaders one chose to empower the citizenry the other imprisoned and killed their people. Today we are on the same path as the latter and all the bullshit bills they are passing only increase the power to take more and more of our freedom. The laws passed and those waiting have nothing to do with safety or enrichment, or security, they have done nothing, absolutely nothing that makes anyone safer, quite the contrary, they are aimed at controlling us. The evilly humorous fact in all of this is the majority of Americans have no clue and even if they did, they would still be silent. The beauty of America, its freedom and largess will become the exclusive right of a very few while the rest of us struggle make a living.
Posted by maddy on 1.3.08 at 9.24
I don't understand what the point of Congress is, if they vote on bills they don't read.
Posted by Name on 1.3.08 at 9.44
Thank you, Hartford Advocate for publishing this story. The Homegrown Terrorism Prevention Act is a terrible bill and it affects the whole nation. This story deserves national attention. I hope you keep the pressure up and shame our congressmen into responding about their vote and their disregard for the Constitution.

Once again, Jennifer Abel, writes bemusingly about a serious subject. Sometimes, if we don't laugh, we will cry. Ms. Abel reminds me of a young Art Buchwald, but with gorgeous red hair.
Posted by Bill Kalles on 1.3.08 at 10.20
This along with the CT senators and representatives is why I will be actively opposing their re-election. Is anyone here planning on running as a Ron Paul Republican? I have no idea how to go about getting onto the ballot for such a thing.
Posted by Seth on 1.3.08 at 11.21
From frosty Minnesota, here's a word to encourage Connecticut residents to stand up to defend their lives, their homes, their sacred honor, against the corrupt machines that have taken control of their government.
Posted by Ally Kendall on 1.3.08 at 12.44
Thank you for telling the truth in an age of lies
Posted by Winston Smith on 1.3.08 at 13.55
While I think that those who are opposed to this bill have a point...perhaps no one will talk to you about it because of your lack of professionalism.

I don't really know anything about Washington politics or journalism, but it seems to me if someone talks to you OFF THE RECORD, that means they don't want you to repeat what they are going to say.

So perhaps before trumpeting up grand conspiracies it would be best to look in the mirror and realize that you probably aren't that good of a reporter.
Posted by Johnathan on 1.3.08 at 14.36
Jonathan -- "Off the record" simply means you don't agree to be directly quoted. If you don't want the reporter to report the gist of what you're saying you don't say anything.
Posted by william on 1.3.08 at 17.42
Jennifer,your name is gonna be placed on Larsen's "do not call list",just like it is on the rest of our elected officials. And Emily is probably out looking for a job. They hide like the rats they are.
Posted by rickbee on 1.3.08 at 18.18
Thank you being one of the few people to write about this 'non-bill'. I have been very worried about HR1955 since i first learned about it on Digg, and sadly the internet is the only place where i find real news anymore. That is of course with the rare exception, like yourself.

But i have just one question that would like to ask myself, and don't expect an answer, if this is such a 'non-bill' why write and pass a bill at all??
Posted by R$B on 1.3.08 at 19.44
Read the bill yourself at: http://thomas.loc.gov/home/gpoxmlc110/h1955_rfs.xml

Note that the bill does none of the evil things this article claims it does. After some scary language, this bill creates a commission that will make a report recommending further action. That is all. There is no thought crime here. But don't take my word for it. Read the actual bill and decide for yourself.
Posted by David Oster on 1.3.08 at 21.19
I read the bill and it effectively destroys the fourth amendment right to privacy.If this is such a harmless piece of legislation, then why is the government building 800 internment camps all over the country???
Posted by Dennis on 1.3.08 at 22.18
Great story. Everybody should write their senator. It's S.1959 in the senate. At least we can let them know we are watching.
Posted by Dan on 1.4.08 at 9.09
From the bill

?(7) Individuals prone to violent radicalization, homegrown terrorism, and ideologically based violence span all races, ethnicities, and religious beliefs, and individuals should not be targeted based solely on race, ethnicity, or religion.

That's a joke, right?
Posted by A Moose on 1.4.08 at 11.53
A major effort to must be made to defeat this pig in the house and the Senate. (S.1959)

This is a frightening piece of legislation that has no place in American Law
Posted by Bob Higgins on 1.5.08 at 2.09
Its scary to think that the people who's job supposably is to look out for our rights and well-being aren't even reading these things! Point to be made: Rudy Guliani wanted Ron Paul to apologize to him b/c of comments he made during a debate where Ron said "...we were to partially blame for the attacks of 9/11." Well Guliani, in classic NY style, jumped all over the guy and demanded an apology. To Ron Paul's credit he not only refused to apologize but made it clear to him (Guliani) that ".. it was obvious he had not read the 9/11 Commission report, which this important detail is clearly spelled out". The very next day he came out with a recommended reading list for Guliani. When Ron Paul was asked why he did not sign the Patriot Act (Stalin would've been proud huh?), he simply said - "Because I read it!".

Be afraid people, be very afraid!

J.
Posted by J Vazquez on 1.7.08 at 4.46
This article is a good example of why journalists should toe the line between civic watchfulness and activism carefully. Read the bill all the way through. Its purpose is no more than the establishment of a committee to study how to combat the development of domestic terrorists. Nothing too sinister, and I'm afraid the ex-NPR spokeswoman had it right - not much of a story.
There are enough real reasons for watchfulness without leading your readership into a paranoid search after chimerae.
Posted by JW on 1.7.08 at 19.01
1. If the bill "doesn't do anything but establish a commission", why is there any language necessary to avoid infringing on constitutional rights?

2. I thought we were "fighting them over there so we don' t have to fight them here."
Posted by EH on 1.9.08 at 10.06
if this bill is so minor and unimportant, how come it passed the house with a 98% majority?

criminy, this is America; walk down the average main street and ask people, you won't be able to get 98% agreement on what the time of day is. if our supposed representatives agree that widely on any proposed law... i smell a rat.
Posted by Nomen Nescio on 1.11.08 at 6.07
This appears to be simply a commission to study the problem of home grown terrorism and make a report. It has public hearing language which confuses me , most of the report talks about what can be spent on the bill - tied to existing cost-legislation which is beyond my patience to understand
Posted by Kevin on 2.11.08 at 7.54
The worst kicker in the bill is the section, 899 C (k). ...
The FACA exemption. This provision allows the committee to interrogate and collect evidence in secret. If you don’t cooperate?... with congress, then a contempt citation issues and years in jail. Only the CIA and the NSA have these privileges! I tremble as I consider all the bad implications of this NIGHTMARE BILL FROM HELL. Checkout the Wikipedia entry on HR 1955 to get the full scoop.

Federal Advisory Committee Act (or FACA) is a United States federal law (Pub.L. 92-463, 6 October 1972), which governs the behavior of advisory committees. In particular it restricts the formation of such committees to only those which are deemed essential, limits their powers to provision of advice to officers and agencies in the executive branch of the Federal Government, and limits the length of term during which any such committee may operate.
Posted by willy on 1.3.09 at 18.46
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