Obama makes Census a White House project
Date: Tue, 10 Feb 2009 18:55:24 +0100 (CET)
From: "Robert M. Stockmann"
To: stewwebb@sierranv.net, skolnick@ameritech.net, tom2@tomflocco.com,
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Subject: Obama makes Census a White House project
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Hi,
Throughout history, as recorded in the bible, and later writings,
'Census' activities by Rulers were most of the time inspired by Satan :
1st Chronicles 21:1
And Satan stood up against Israel, and provoked David to number
Israel.
Most certainly in poor countries where its most valuable assets are the
people themselves. The current move by Obama to move Census to the
White House is in particular interesting as the US Census Bureau had
already been setup [1]. Why would Census become a private for White House
Eyes only operation?
As i reported earlier how HR6304 basicly annihilated the Fourth
Amendment [2], it also meant that total oversight and control for FISA
was delegated down into the hands of the U.S. Attorney General giving
him unlimited Global STASI Powers.
Now, .... Eric Holder is not the kind of guy to gleam and steam behind a
Census screen to gather information for a silent HR6304 Rendition act.
Obama, although being US President, will never know the full extend
of how HR6304 is carried through, either ...
Remembering how Obama changed his vote on HR6304 when Rahm Emanuel
gave his endorsement, I guess we are now left with one happy son of a
Israeli terrorist in the White House, who sure will be interested in a
live Census screen update.
Regards,
Robert
--
Robert M. Stockmann - RHCE
Network Engineer - UNIX/Linux Specialist
crashrecovery.org stock@stokkie.net
[1] GOP Sounds Alarm Over Obama Decision to Move Census to White House
FOXNews.com, Monday, February 09, 2009
http://www.foxnews.com/politics/first100days/2009/02/09/gop-sounds-alarm-obama-decision-census-white-house/
http://www.infowars.com/gop-sounds-alarm-over-obama-decision-to-move-census-to-white-house/
[2] Rahm Emanual, Obama and H.R.3604
http://crashrecovery.org/hamdan/#HR3604
HAMDAN v. RUMSFELD, SECRETARY OF DEFENSE, ET AL.
No. 05184. Argued March 28, 2006 Decided June 29, 2006
( A good tip when reading legal proceedings is to install and use
gnome-dictionary, which is a part of the gnome-utils-2.6.2-4mdk on
Mandrake/Mandriva desktops. If you don't know which package it is
just try to start /usr/bin/gnome-dictionary. )
From stock@stokkie.net Sun Jul 2 15:25:16 2006 +0200
Date: Sun, 2 Jul 2006 15:25:16 +0200 (CEST)
From: "Robert M. Stockmann"
To: letters@washpost.com, letters@nytimes.com, letters@latimes.com,
editor@usatoday.com, info@miamitimesonline.com,
news@miamitimesonline.com, HeraldEd@herald.com,
journal@c-span.org
Subject: Re: Top Ten Things You Can Say About Hamdan Case
Message-ID: Pine.LNX.4.44.0607021521060.6605-100000@hubble.stokkie.net
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Dear Editors,
After reading "bench conference" by Andrew Cohen, "Top Ten Things
You Can Say About Hamdan Case", top_ten_things_to_remember_abo.html
I was surprised how such a important ruling was being put away
with "It's the worst decision ever." I however conclude the opposite.
The case of Hamdan vs Rumsfeld has been heating up on the judicial
stove since Salim Ahmed Hamdan, a Yemeni national, has been in custody
since June 2002 at an American prison in Guantanamo Bay, Cuba. The bad
thing for Rummy and his crownies is that the coffee inside that kettle
today has become undrinkable. As we have seen before with the
Downingstreet Memo's where :
"the intelligence and facts were being fixed around the policy."
We today can observe that The Government's and Congress' conduct of
legislative proposals have been fixed around this very particular law
case, the case of Hamdan vs Rumsfeld [1]. This sounds unbelievable but
its the undeniable truth. Last week the supreme court has come to the
exact same conclusion. What had happened?
Mister Hamdam had been Osama bin Ladens "bodyguard and personal
driver", and had been accused of undisclosed charges, even mentioning
the word conspiracy. On Nov 8, 2004, after Hamdam had filed multiple
petitions for writs of habeas corpus, The District Court of Columbia
finally granted Hamdans request.
Habeas corpus :
L. you may have the body. (Law)
A writ having for its object to bring a party before a court
or judge; especially, one to inquire into the cause of a
person's imprisonment or detention by another, with the view
to protect the right to personal liberty; also, one to bring
a prisoner into court to testify in a pending trial.
--Bouvier.
The Court of Appeals for the District of Columbia Circuit however
reversed that request in 2005. It was about the same time when the
Government passed the so-called Detainee Treatment Act of 2005 (DTA).
A very controversial piece of legislative text, as we will find out.
On November 7, 2005, The Supreme Court however granted certiorari in
the Hamdam case.
Note: A certiorari is the correct process to remove the
proceedings of a court in which cases are tried in a
manner different from the course of the common law, as
of county commissioners. It is also used as an
auxiliary process in order to obtain a full return to
some other process. --Bouvier.
From here on the SUPREME COURT Ruling reads as follows :
Page 15 - 22 inside [1]:
"On February 13, 2006, the Government filed a motion to dismiss the
writ of certiorari. The ground cited for dismissal was the recently
enacted Detainee Treatment Act of 2005 (DTA), Pub. L. 109148, 119
Stat. 2739. We postponed our ruling on that motion pending argument
on the merits, 546 U. S. ___ (2006), and now deny it.
The DTA, which was signed into law on December 30, 2005, addresses
a broad swath of subjects related to detainees. It places
restrictions on the treatment and interrogation of detainees in
U.S. custody, and it furnishes procedural protections for U.S.
personnel accused of engaging in improper interrogation. DTA
§§10021004, 119 Stat. 27392740.
It also sets forth certain "PROCEDURES FOR STATUS REVIEW OF
DETAINEES OUTSIDE THE UNITED STATES." §1005, id., at 2740.
Subsections (a) through (d) of §1005 direct the Secretary of
Defense to report to Congress the procedures being used by CSRTs to
determine the proper classification of detainees held in Guantanamo
Bay, Iraq, and Afghanistan, and to adopt certain safeguards as part
of those procedures.
(CSRT : Combatant Status Review Tribunal)
Subsection (e) of §1005, which is entitled "JUDICIAL REVIEW OF
DETENTION OF ENEMY COMBATANTS," supplies the basis for the
Government's jurisdictional argument. The subsection contains
three numbered paragraphs. The first paragraph amends the judicial
code as follows:
"(1) IN GENERAL.--Section 2241 of title 28, United States
Code, is amended by adding at the end the following:
. . . . .
"(e) Except as provided in section 1005 of the Detainee Treatment
Act of 2005, no court, justice, or judge shall have jurisdiction to
hear or consider
"(1) an application for a writ of habeas corpus filed by or on
behalf of an alien detained by the Department of Defense at
Guantanamo Bay, Cuba; or
"(2) any other action against the United States or its agents
relating to any aspect of the detention by the Department of
Defense of an alien at Guantanamo Bay, Cuba, who--
"'(A) is currently in military custody; or
"'(B) has been determined by the United States Court of Appeals for
the District of Columbia Circuit in accordance with the procedures
set forth in section 1005(e) of the Detainee Treatment Act of 2005
to have been properly detained as an enemy combatant.'"
§1005(e), id., at 27412742.
Paragraph (2) of subsection (e) vests in the Court of Appeals for
the District of Columbia Circuit the "exclusive jurisdiction to
determine the validity of any final decision of a [CSRT] that an
alien is properly designated as an enemy combatant."
Paragraph (2) also delimits the scope of that review. See
§§1005(e)(2)(C)(i)(ii), id., at 2742.
Paragraph (3) mirrors paragraph (2) in structure, but governs
judicial review of final decisions of military commissions, not
CSRTs. It vests in the Court of Appeals for the District of
Columbia Circuit "exclusive jurisdiction to determine the validity
of any final decision rendered pursuant to Military Commission
Order No. 1, dated August 31, 2005 (or any successor military
order)." §1005(e)(3)(A), id., at 2743.2
Review is as of right for any alien sentenced to death or a term of
imprisonment of 10 years or more, but is at the Court of Appeals'
discretion in all other cases. The scope of review is limited to
the following inquiries:
"(i) whether the final decision [of the military commission] was
consistent with the standards and procedures specified in the
military order referred to in subparagraph (A); and
"(ii) to the extent the Constitution and laws of the United States
are applicable, whether the use of such standards and procedures to
reach the final decision is consistent with the Constitution and
laws of the United States." §1005(e)(3)(D), ibid.
Finally, §1005 contains an "effective date" provision, which reads
as follows:
"(1) IN GENERAL.--This section shall take effect on the date
of the enactment of this Act.
"(2) REVIEW OF COMBATANT STATUS TRIBUNAL AND MILITARY
COMMISSION DECISIONS.--Paragraphs (2) and (3) of subsection (e) shall
apply with respect to any claim whose review is governed by one of
such paragraphs and that is pending on or after the date of the
enactment of this Act." §1005(h), id., at 2743 2744.3
The Act is silent about whether paragraph (1) of subsection (e)
"shall apply" to claims pending on the date of enactment.
The Government argues that §§1005(e)(1) and 1005(h) had the
immediate effect, upon enactment, of repealing federal jurisdiction
not just over detainee habeas actions yet to be filed but also over
any such actions then pending in any federal courtincluding this
Court. Accordingly, it argues, we lack jurisdiction to review the
Court of Appeals' decision below.
Hamdan objects to this theory on both constitutional and statutory
grounds. Principal among his constitutional arguments is that the
Government's preferred reading raises grave questions about
Congress' authority to impinge upon this Courtes appellate
jurisdiction, particularly in habeas cases. Support for this
argument is drawn from Ex parte Yerger, 8 Wall. 85 (1869), in
which, having explained that "the denial to this court of appellate
jurisdiction" to consider an original writ of habeas corpus would
"greatly weaken the efficacy of the writ," id., at 102103, we held
that Congress would not be presumed to have effected such denial
absent an unmistakably clear statement to the contrary. See id., at
104105; see also Felker v. Turpin, 518 U. S. 651 (1996); Durousseau
v. United States, 6 Cranch 307, 314 (1810) (opinion for the Court
by Marshall, C. J.)
(The "appellate powers of this court" are
not created by statute but are "given by the constitution");
United States v. Klein, 13 Wall. 128 (1872). Cf. Ex parte McCardle,
7 Wall. 506, 514 (1869) (holding that Congress had validly
foreclosed one avenue of appellate review where its repeal of
habeas jurisdiction, reproduced in the margin,4 could not have been
"a plainer instance of positive exception").
Hamdan also suggests that, if the Governments reading is correct,
Congress has unconstitutionally suspended the writ of habeas corpus.
We find it unnecessary to reach either of these arguments.
Ordinary principles of statutory construction suffice to rebut the
Government's theory --at least in sofar as this case, which was
pending at the time the DTA was enacted, is concerned.
The Government acknowledges that only paragraphs (2) and (3) of
subsection (e) are expressly made applicable to pending cases, see
§1005(h)(2), 119 Stat. 27432744, but argues that the omission of
paragraph (1) from the scope of that express statement is of no
moment. This is so, we are told, because Congress' failure to
expressly reserve federal courts' jurisdiction over pending cases
erects a presumption against jurisdiction, and that presumption is
rebutted by neither the text nor the legislative history of the DTA.
The first part of this argument is not entirely without support in
our precedents. We have in the past "applied intervening statutes
conferring or ousting jurisdiction, whether or not jurisdiction lay
when the underlying conduct occurred or when the suit was filed."
Landgraf v. USI Film Products, 511 U. S. 244, 274 (1994) (citing
Bruner v. United States, 343 U. S. 112 (1952); Hallowell v.
Commons, 239 U. S. 506 (1916)); see Republic of Austria v.
Altmann, 541 U. S. 677, 693 (2004).
But the "presumption" that these cases have applied is more
accurately viewed as the nonapplication of another presumption--
viz., the presumption against retroactivity--in certain limited
circumstances.5 If a statutory provision "would operate
retroactively" as applied to cases pending at the time the
provision was enacted, then "our traditional presumption teaches
that it does not govern absent clear congressional intent favoring
such a result." Landgraf, 511 U. S., at 280.
We have explained, however, that, unlike other intervening changes
in the law, a jurisdiction-conferring or jurisdiction-stripping
statute usually "takes away no substantive right but simply changes
the tribunal that is to hear the case." Hallowell, 239 U. S., at
508.
If that is truly all the statute does, no retroactivity problem
arises because the change in the law does not "impair rights a
party possessed when he acted, increase a party's liability for past
conduct, or impose new duties with respect to transactions already
completed." Landgraf, 511 U. S., at 280.6 And if a new rule has no
retroactive effect, the presumption against retroactivity will not
prevent its application to a case that was already pending when the
new rule was enacted.
That does not mean, however, that all jurisdiction-stripping
provisions--or even all such provisions that truly lack retroactive
effect--must apply to cases pending at the time of their enactment.
enactment.7 "[N]ormal rules of construction," including a
contextual reading of the statutory language, may dictate
otherwise. Lindh v. Murphy, 521 U. S. 320, 326 (1997).8
A familiar principle of statutory construction, relevant both in
Lindh and here, is that a negative inference may be drawn from the
exclusion of language from one statutory provision that is included
in other provisions of the same statute. See id., at 330; see also,
e.g., Russello v. United States, 464 U. S. 16, 23 (1983) ("[W]here
Congress includes particular language in one section of a statute
but omits it in another section of the same Act, it is generally
presumed that Congress acts intentionally and purposely in the
disparate inclusion or exclusiona"). The Court in Lindh relied on
this reasoning to conclude that certain limitations on the
availability of habeas relief imposed by AEDPA applied only to
(AEDPA : the Antiterrorism and Effective Death Penalty Act of 1996)
cases filed after that statute's effective date. Congress' failure
to identify the temporal reach of those limitations, which governed
noncapital cases, stood in contrast to its express command in the
same legislation that new rules governing habeas petitions in
capital cases "apply to cases pending on or after the date of
enactment." §107(c), 110 Stat. 1226; see Lindh, 521 U. S., at
329330. That contrast, combined with the fact that the amendments
at issue "affect[ed] substantive entitlement to relief," id., at
327, warranted drawing a negative inference.
A like inference follows a fortiori from Lindh in this case. "If .
. . Congress was reasonably concerned to ensure that [§§1005(e)(2)
and (3)] be applied to pending cases, it should have been just as
concerned about [§1005(e)(1)], unless it had the different intent
that the latter [section] not be applied to the general run of
pending cases." Id., at 329. If anything, the evidence of
deliberate omission is stronger here than it was in Lindh. In
Lindh, the provisions to be contrasted had been drafted separately
but were later "joined together and . . . considered simultaneously
when the language raising the implication was inserted." Id., at
330. We observed that Congress' tandem review and approval of the
two sets of provisions strengthened the presumption that the
relevant omission was deliberate."
This sure reads as if the Dick, Donald, George and GOP gang have
been cought with their pants down. Create a law which should become a
Retroactive law, i.e. DTA 2005, but only in favor of the Government and
where the enemy combatant's retroactive rights are conveniently
ommitted.
It also allows the conclusion that the United States Constitution and
Statures simply cannot be denied or put away by introducing some fast
drafted amendment like the 2005 DTA act. This Supreme Ruling might even
lead the way to denounce the U.S. Patriot Act and its decendants. It
only takes a couple of brave men who are detained and are willing to
stand up.
It sure is interesting to know who actually are the Laywers for Salim
Ahmed Hamdan inside this case.
Yours Sincerely,
Robert M. Stockman
[1] HAMDAN v. RUMSFELD, SECRETARY OF DEFENSE, ET AL.
No. 05184. Argued March 28, 2006 Decided June 29, 2006
http://www.supremecourtus.gov/opinions/05pdf/05-184.pdf
--
Robert M. Stockmann - RHCE
Network Engineer - UNIX/Linux Specialist
crashrecovery.org stock@stokkie.net
Capt. Eric H. May : Geneva Conventions now, Nuremberg Principles later
From captainmay@prodigy.net Sun Jul 02 15:47:51 2006
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Date: Sun, 2 Jul 2006 08:47:14 -0700 (PDT)
From: Captain May
Subject: Hamdan vs Rumsfeld (Geneva Conventions now, Nuremberg Principles later)
To: "Robert M. Stockmann"
In-Reply-To: Pine.LNX.4.44.0607020540040.17972-100000@hubble.stokkie.net
MIME-Version: 1.0
Dear Mr. Stockmann,
I think the most striking conclusion of last week's Supreme Court
decision in Hamdan v. Rumsfeld is that the executive branch -- all the
way to GWB -- is subject to the Geneva Convention. Further, I think it
but a step to go from the pertinence of the Geneva Convention to the
Principles of Nuremberg.
I'm in favor of both extensions of law -- and of common sense -- in
the atrocious matter of Gitmo, then later in Abu Ghraib (inter alia) in
Iraq and elsewhere, all directed by the current tenet of the White
House. These abuses were nothing more or less than the extension of
Israeli Mossad torture tactics to the Israel-Lobby-dominated US Dept.
of Defense, winked at by the Israel-Lobby-dominated US media. Were it
not for the fact that the Israel Lobby is behind it all, the hue and
cry (especially by US Jews) would have been deafening. After all (they
should argue but curiously don't), what the Neocons are rationalizing
as correct measures against the Arabs in the current era is nothing
more or less than what the Nazis rationalized as correct measures
against the Jews in a former era.
I'm of the firm opinion that until the Israel Lobby -- Zionism is my
preferred word, but I bow to the current lexicon -- is pointed out as
the key player in the Nazification of US policy, there will be no
substantial change, and the egregious techniques now introduced as
protection for the American People will be used against the American
People. This is always the way of emerging fascism, isn't it? That
the Israel Lobby won't condemn it argues strongly that they are behind
it.
As those who have followed my three-year mission of conscience have
learned, my background in military/media matters (military intelligence
and public affairs) has given me the knack of seeing where things are
going well in advance. This was the case in the matter of Abu Ghraib
and the war crimes we are committing there, as I pointed out what I
thought was happening and whither it tended to my senior Ghost Troop
officer, Ambassador Chase Untermeyer, currently the Bush League point
man in Qatar (CENTCOM HQ).
I close with a couple of links from September, 2003. I wrote what I
wrote at the time of the set-up of Muslim chaplain Captain James Yee,
who was accused of treason when I believed his aim was to report the
true nature of things to the US media (which was probably what betrayed
him to the Bush League). Both are part of my four-volume report to
Congress on media/military abuses in connection with the Battle of
Baghdad Cover-up (BOBCUP):
Email to Chase Untermeyer (22 Sept. 03):
http://www.ghosttroop.net/untermeyersep22.htm
Op-ed on Captain Yee & Captain Dreyfus (24 Sept. 03):
http://www.ghosttroop.net/yeedreyfus.htm
Please forward these links to such as may find them of interest. Lord
knows, the US media isn't going to do any digging or reporting into the
reality of things, so we have to continue to do it ourselves!
Best regards,
Captain Eric H. May, MI/PAO, USA
CO, Ghost Troop, 3/7 Cybercav+
Mission of Conscience / Patriots in Action
PS: I hope you have seen the column Ghost Troop published in Bush's
hometown Lone Star Iconoclast (in Crawford), which warns of a Bush
League terror event (probably in Texas) before the elections:
http://www.lonestaricon.com/absolutenm/anmviewer.asp?a=248&z=37
Captain Eric H. May's GHOST TROOP Audio interviews with Cloak & Dagger
http://crashrecovery.org/Capt.Eric.H.May/archive.html
Captain Eric May's Archive on news manipulation
http://www.amfirstbooks.com/.../may,_captain_eric/Capt._Eric_H._May_index.html
http://www.amfirstbooks.com/
Captain Eric H. May's articles at Price of Liberty
http://www.thepriceofliberty.org/may.htm
Archives of Captain Eric H. May at Price of Liberty
http://www.thepriceofliberty.org/arc_may.htm
[1] HAMDAN v. RUMSFELD, SECRETARY OF DEFENSE, ET AL.
No. 05184. Argued March 28, 2006 Decided June 29, 2006
http://www.supremecourtus.gov/opinions/05pdf/05-184.pdf
[2] Salim Ahmed Hamdan, Petitioner v. Donald H. Rumsfeld, Secretary of Defense, et al.
by Joshua Friedman
http://www.hamdanvrumsfeld.com/
David Ray Hate Crimes Prevention Act of 2007
Date: Sat, 27 Jan 2007 03:35:49 +0100 (CET)
From: "Robert M. Stockmann"
To: cloak.dagger@gmail.com, stefangrossmann@t-online.de,
too@slingshot.co.nz, skolnick@ameritech.net,
eric@vaticanassassins.org, tips@infowars.com,
prisonplanetweb@hotmail.com, tarpley@tarpley.net,
tom@tomflocco.com, takingaim@pacbell.net, stewwebb@sierranv.net,
prophecy@texemarrs.com, deadlinelive@yahoo.com,
webmaster@rense.com, wmreditor@waynemadsenreport.com,
captainmay@prodigy.net, palast@gregpalast.com,
henry@savethemales.ca, leurenmoret@yahoo.com,
michaelcollinspiper1960@yahoo.com, chamish@netvision.net.il
Subject: David's Law ??
Message-ID:
Hi,
As Mike Piper already correctly mentioned, a new House Bill has
been introduced : HR.254, a Law on Hate Speech.
Now, why would the greatest Nation on Earth need a Bill on hate Speech?
Maybe the USA ain't that great anymore, and to fit the economic ends
they insert this bill?
A law on hate speech is more of a nasty hack to have society "behave"
in a orderly fashion when being in times of economic downturn. These
kind of laws are only to "fight" the results of grim times, whereas
nothing is done, ON PURPOSE, to solve the real cause of the economic
downturn itself.
Last december Tim Rifat, a British Intelligence and Geo Political
Analyst with rather unconventional views, probably described it best :
http://crashrecovery.org/fatherfeeney/www/images/holohoax.gif
http://www.fatherfeeney.org/www/images/holohoax.gif
"In Western Europe, a neo-Stalin state, its illegal to discuss
history. Anyone starting a discussion will be arrested like David
Irving. In Europe there's law which forbid discussing history e.g.
the holocaust. We now have a Zionist empire of Europe where history
is written down as law and one is forbidden by law to discuss it."
Some say that Hate Speech Law, as a cure, is far far worse as the
disease itself. This kind of legislature can only feed on the back of
the population when Government itself keeps its eyes shut to :
- federal and state sponsored crime
- corruption
- usury
- tax extortion,
- bribes
- swindle etc.
which harm people inside their spending capacity. Hence people will
try to find out whats really going on.
Sadly enough, history has shown that, the moment people find out whats
really going on inside Government, hate speech laws will prevent them
from telling truth, where at the same time the deceptive media are most
brilliant in presenting false scape goats. Jewish survivors from nazi
germany know all too well about this.
Again, Hate Speech Law is a phenomenon which typically arises when
corruption has become the norm inside Government. A perfect example of
this is the former U.S.S.R. under Stalin. Hence my conclusion about
this bill is that :
HATE SPEECH LAW IS UN-AMERICAN
Its even UN-ISRAEL or UN-ZIONIST, or ANTI JEW! David's Law should be
called here by its real name :
STALIN's LAW OF HATE SPEECH
So Dear Representives : Please pass this piece of rag into the binster..
Here comes the full text of the Bill as a warning for future attempts
to be swiftly identified and removed :
http://thomas.loc.gov/home/c110query.html (Select "Bill Number" and search for HR254)
"------------------------------------------------------------------
David's Law (Introduced in House)
HR 254 IH
110th CONGRESS
1st Session
H.R. 254
To enhance Federal enforcement of hate crimes, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
January 5, 2007
Ms. JACKSON-LEE of Texas introduced the following bill; which was
referred to the Committee on the Judiciary
------------------------------------------------------------------
A BILL
To enhance Federal enforcement of hate crimes, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `David Ray Hate Crimes Prevention Act
of 2007' or `David's Law'.
SEC. 2. FINDINGS.
Congress finds that--
(1) the incidence of violence motivated by the actual or perceived
race, color, national origin, religion, sexual orientation, gender,
or disability of the victim poses a serious national problem;
(2) such violence disrupts the tranquility and safety of
communities and is deeply divisive;
(3) existing Federal law is inadequate to address this problem;
(4) such violence affects interstate commerce in many ways,
including--
(A) by impeding the movement of members of targeted groups and
forcing such members to move across State lines to escape the
incidence or risk of such violence; and
(B) by preventing members of targeted groups from purchasing goods
and services, obtaining or sustaining employment or participating
in other commercial activity;
(5) perpetrators cross State lines to commit such violence;
(6) instrumentalities of interstate commerce are used to facilitate
the commission of such violence;
(7) such violence is committed using articles that have traveled in
interstate commerce;
(8) violence motivated by bias that is a relic of slavery can
constitute badges and incidents of slavery;
(9) although many local jurisdictions have attempted to respond to
the challenges posed by such violence, the problem is sufficiently
serious, widespread, and interstate in scope to warrant Federal
intervention to assist such jurisdictions; and
(10) many States have no laws addressing violence based on the
actual or perceived race, color, national origin, religion, sexual
orientation, gender, or disability, of the victim, while other
States have laws that provide only limited protection.
SEC. 3. DEFINITION OF HATE CRIME.
In this Act, the term `hate crime' has the same meaning as in
section 280003(a) of the Violent Crime Control and Law Enforcement
Act of 1994 (28 U.S.C. 994 note).
( H.R.3355
Violent Crime Control and Law Enforcement Act of 1994 (Enrolled as
Agreed to or Passed by Both House and Senate
SEC. 280003. DIRECTION TO UNITED STATES SENTENCING COMMISSION
REGARDING SENTENCING ENHANCEMENTS FOR HATE CRIMES.
(a) DEFINITION- In this section, `hate crime' means a crime in which
the defendant intentionally selects a victim, or in the case of a
property crime , the property that is the object of the crime ,
because of the actual or perceived race, color, religion, national
origin, ethnicity, gender, disability, or sexual orientation of any
person. )
SEC. 4. PROHIBITION OF CERTAIN ACTS OF VIOLENCE.
Section 245 of title 18, United States Code, is amended--
(1) by redesignating subsections (c) and (d) as subsections (d) and
(e), respectively; and
(2) by inserting after subsection (b) the following:
`(c)(1) Whoever, whether or not acting under color of law,
willfully causes bodily injury to any person or, through the use of
fire, a firearm, or an explosive device, attempts to cause bodily
injury to any person, because of the actual or perceived race,
color, religion, or national origin of any person--
`(A) shall be imprisoned not more than 10 years, or fined in
accordance with this title, or both; and
`(B) shall be imprisoned for any term of years or for life, or
fined in accordance with this title, or both if--
`(i) death results from the acts committed in violation of this
paragraph; or
`(ii) the acts committed in violation of this paragraph include
kidnapping or an attempt to kidnap, aggravated sexual abuse
or an attempt to commit aggravated sexual abuse, or an
attempt to kill.
`(2)(A) Whoever, whether or not acting under color of law, in any
circumstance described in subparagraph (B), willfully causes bodily
injury to any person or, through the use of fire, a firearm, or an
explosive device, attempts to cause bodily injury to any person,
because of the actual or perceived religion, gender, sexual
orientation, or disability of any person--
`(i) shall be imprisoned not more than 10 years, or fined in
accordance with this title, or both; and
`(ii) shall be imprisoned for any term of years or for life, or
fined in accordance with this title, or both, if--
`(I) death results from the acts committed in violation of this
paragraph; or
`(II) the acts committed in violation of this paragraph include
kidnapping or an attempt to kidnap, aggravated sexual abuse
or an attempt to commit aggravated sexual abuse, or an
attempt to kill.
`(B) For purposes of subparagraph (A), the circumstances described
in this subparagraph are that--
`(i) in connection with the offense, the defendant or the victim
travels in interstate or foreign commerce, uses a facility or
instrumentality of interstate or foreign commerce, or engages in
any activity affecting interstate or foreign commerce; or
`(ii) the offense is in or affects interstate or foreign commerce.'.
SEC. 5. DUTIES OF FEDERAL SENTENCING COMMISSION.
(a) Amendment of Federal Sentencing Guidelines- Pursuant to its
authority under section 994 of title 28, United States Code, the
United States Sentencing Commission shall study the issue of adult
recruitment of juveniles to commit hate crimes and shall, if
appropriate, amend the Federal sentencing guidelines to provide
sentencing enhancements (in addition to the sentencing enhancement
provided for the use of a minor during the commission of an
offense) for adult defendants who recruit juveniles to assist in
the commission of hate crimes.
(b) Consistency With Other Guidelines- In carrying out this
section, the United States Sentencing Commission shall--
(1) ensure that there is reasonable consistency with other Federal
sentencing guidelines; and
(2) avoid duplicative punishments for substantially the same
offense.
SEC. 6. GRANT PROGRAM.
(a) Authority To Make Grants- The Administrator of the Office of
Juvenile Justice and Delinquency Prevention of the Department of
Justice shall make grants, in accordance with such regulations as
the Attorney General may prescribe, to State and local programs
designed to combat hate crimes committed by juveniles.
(b) Authorization of Appropriations- There are authorized to be
appropriated such sums as may be necessary to carry out this
section.
SEC. 7. AUTHORIZATION FOR ADDITIONAL PERSONNEL TO ASSIST STATE AND
LOCAL LAW ENFORCEMENT.
There are authorized to be appropriated to the Department of the
Treasury and the Department of Justice, including the Community
Relations Service, for fiscal years 2007, 2008, and 2009 such sums
as are necessary to increase the number of personnel to prevent and
respond to alleged violations of section 245 of title 18, United
States Code (as amended by this Act).
"------------------------------------------------------------------
Cheers,
Robert
--
Robert M. Stockmann - RHCE
Network Engineer - UNIX/Linux Specialist
crashrecovery.org stock@stokkie.net
references :
total 10448
-rw-rw-r-- 1 crashrec klant 1378371 Jun 29 2006 05-184.pdf
-rw-r--r-- 1 crashrec klant 7193864 Jan 28 2007 20070124_Wed_Piper.mp3
-rw-rw-r-- 1 crashrec klant 42909 Dec 3 05:37 h254ih.txt.pdf
-rw-rw-r-- 1 crashrec klant 1394134 Dec 3 05:34 h3355enr.txt.pdf
-rw-rw-r-- 1 crashrec klant 241747 Jul 7 21:22 HR6304pcs.txt.pdf
-rw-r--r-- 1 crashrec klant 254 Dec 3 05:46 MD5SUM
First published on Sun, 2 Jul 2006