Narco-Terror Provision Added to House Patriot Act Bill
Before the House voted to extend the Patriot Act, Henry Hyde slipped in a little-noticed new drug provision:
Offered by Rep. Henry Hyde (R-IL), the successful amendment would make manufacture, sale, possession with the intent to sell Schedule I and II drugs, or conspiracy to do any of the above "narco-terrorism" if it "directly or indirectly, aids, or provides support, resources or anything of value to: (a) a foreign terrorist organization; or (b) any person or group involved in the planning, preparation for, or carrying out of a terrorist offense."
A "narco-terrorism" conviction would draw a mandatory minimum 20-year prison sentence, with the possibility of a life sentence. Under the provision, "the government need not prove that the defendant knew that an organization is a designated foreign terrorist organization,'" according to the House floor summary.
Who comes under the provision? It's not entirely clear, but it could be your corner street dealer who has no ties at all to terrorism.
Under this wording, the statute's reach is unclear. Could the urban teenager selling $10 rocks of crack on the street be charged as a "narco-terrorist" if the cocaine he was retailing was proven to come from a shipment ultimately controlled by the Colombian paramiliaries or the FARC, both of which reportedly earn fortunes in the business? Whether the crack seller is transformed into a "narco-terrorist" could depend on nothing more than the ambition and ruthlessness of a young Assistant US Attorney somewhere.
Just this week, Patriot Act was used to bust a marijuana smuggling ring.
Now, here's the important thing. The version of the Patriot Act that passed the Senate Judiciary Committee does not have this provision. The full Senate will vote on its version after the August recess. So get ready to send your Senators the message: Leave the narco-terrorim provisions out of the Patriot Act.
I have written before about the Administration's efforts to sneak what had been Patriot Act II and the Victory Act into other legislation on a piece-meal basis.
Let's hope members of Congress aren't asleep at the switch and starry-eyed with cookie-cutter patriotism when the provisions of Patriot Act II and Orrin Hatch's Victory Act hit their desks. Patriot II is especially dangerous since it is being divided into smaller units and introduced piecemeal, in an attempt to avoid the Patriot Act label and the certain opposition another big bill with that name would bring.
I don't doubt that some of the money earned from Afghan poppy farming finds its way into the hands of terrorists. But let's not paint with too broad a brush without something more. And let's be vigilant about keeping terror laws and drug laws separate, except in such instances where the two clearly are linked. We already have laws that penalize terrorism and laws that penalize illicit drug activity. There is no need to combine them.
All-Spin Zone is also covering this topic.
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