As Brian Doherty noted below, on Tuesday the House passed H.R. 347 [pdf], officially known as The Federal Restricted Buildings and Grounds Improvement Act of 2011. Now all it needs to become law is President Obama’s approving signage.
Contrarian standbys Congressmen Justin Amash (R-MI) and Ron Paul (R-TX) voted nay, but thebill passed 388-3. Rep. Amash wrote that the the bill “violates our rights”, but Michael Mahassey, the communications director for the bill’s sponsor, Rep. Thomas J.Rooney (R-Florida), sounding irritated on Wednesday (while he implied that I was not the first person to call and ask about it). Mahassey called the reaction to the bill “a whole lot of kerfuffle over nothing. This doesn’t affect anyone’s right to protest anywhere at any time. Ever.”
H.R. 347, said Mahassey, is simply a DC-centric update of already existing law. Section 1752 of title 18, United States Code, already protects those under Secret Service protection — except in Washington D.C. where these protections fall under local laws against trespassing, etc. Mahassey said that the Secret Service requested the changes to this law because “right now it’s not a federal violation to jump the fence and run across the White House lawn, this bill makes it a federal violation.”
Not exactly the abolition of the First Amendment, is it? RT and The New American’s warnings are hopefully an exaggeration.
But there’s reason to worry says Will Adams, the deputy chief of staff for Congressman Amash. Yes, the law updates as Mahssey said. It brings the DC trespassing violations under the federal umbrella and “Amash has no issue with that.” But also does imply something else which inspired Amash to vote “nay.”
Adams, who is a lawyer by trade, like his boss, explained the changes in updates from the previous statute in layman’s terms. It all comes down the words “willfully” and “knowingly”. As Amash wrote on his facebook (and Doherty noted):
Current law makes it illegal to enter or remain in an area where certain government officials (more particularly, those with Secret Service protection) will be visiting temporarily if and only if the person knows it’s illegal to enter the restricted area but does so anyway. The bill expands current law to make it a crime to enter or remain in an area where an official is visiting even if the person does not know it’s illegal to be in that area and has no reason to suspect it’s illegal. (It expands the law by changing “willfully and knowingly” to just “knowingly” with respect to the mental state required to be charged with a crime.)
To elaborate on what seems to be subtle legal stuff, the current law being amended, Section 1752 of title 18, United States Code, would be here. Note that the words are “willfully” and “knowingly” are there. H.R. 347 is here. The word “willfully” is indeed gone. What does that mean exactly?
Adams pointed me towards U.S. v. Bursey in which:
Brett Bursey was convicted in early 2004 — after a bench trial conducted by a magistrate judge in the District of South Carolina — of willfully and knowingly entering and remaining in a posted, cordoned off, or otherwise restricted area where the President was temporarily visiting
Bursey visited a South Carolina airbase with the intention of protesting the then-imminent Iraq war. He remained in an area that the Secret Service had coordinated off for 20 or so minutes, arguing his right to stay there. His state trespassing charges were dismissed, but he was then charged under Section 1752 of title 18 above. According to the U.S. Fourth Circuit Court of Appeals, Bursey argued:
first, he maintains that the trial court erred in finding that he was in a “restricted area” at the time of his October 2002 arrest; second, he contends that the court erred in finding that he possessed the requisite criminal intent
They also noted in their decision to reject his appeal, some of the finer points of the difference between “willfully” and “knowingly””:
As the Bryan Court observed… for a defendant to have acted willfully, he must merely have “acted with knowledge that his conduct was unlawful.”…wefocus our discussion on whether Bursey “willfully” violated the Statute, because, generally, “[m]ore is required” with respect to conduct performed willfully than conduct performed knowingly… requires “more culpable” mens rea than knowing violation).As a general proposition, the statutory term “knowingly” requires the Government to prove only that the defendant had knowledge of the facts underlying the offense
Bursey was fined a measly 500 dollars, but the precedent is there. And remember, the punishment under both the new and old versions of section 1752 are “not more than one year” in jail for the trespass, and “not more than ten years” if “the person, during and in relation to the offense, uses or carries a deadly or dangerous weapon or firearm.” However, as Adams summed it up an email:
The bill makes it illegal knowingly to enter or remain in a restricted building or grounds without legal authority to do so. A restricted building or grounds is defined as a “restricted area” where a person protected by the Secret Service “is or will be temporarily visiting.” According to federal law (18 U.S.C. § 3056), the Secret Service is authorized to protect “visiting heads of foreign states or foreign governments” and “other distinguished foreign visitors to the United States.”
So, let’s say a G-20 meeting is hosted in the U.S. and the Secret Service decides it wants a larger perimeter surrounding the event where only G-20 members and staff can be. A person could be arrested and found guilty of violating this law—with up to 10 years in prison if they’re carrying a weapon, one year in prison if they’re not—for merely walking into the restricted area, without even knowing walking into the area is illegal.
So it’s hard to know the exact implications of this one-word change, especially when some very nasty, excessive crack-downs happen already in cases like G-20 summit protests. But law is precedent and interpretation. So in a world where the National Defense Authorization Act maybe allows for the indefiniate detainment of citizens, but maybe not, but the President says he won’t use the power so trust him, governments don’t need one more inch – not one more word of excuse — to crack down on protest and speech. The cult of the presidency has gone far enough.
US Congress passes authoritarian anti-protest law
By Tom Carter
WSWS, March 3, 2012
A bill passed Monday in the US House of Representatives and Thursday in the Senate would make it a felony—a serious criminal offense punishable by lengthy terms of incarceration—to participate in many forms of protest associated with the Occupy Wall Street protests of last year. Several commentators have dubbed it the “anti-Occupy” law, but its implications are far broader.
The bill—H.R. 347, or the “Federal Restricted Buildings and Grounds Improvement Act of 2011”—was passed by unanimous consent in the Senate, while only Ron Paul and two other Republicans voted against the bill in the House of Representatives (the bill passed 388-3). Not a single Democratic politician voted against the bill.
The virtually unanimous passage of H.R. 347 starkly exposes the fact that, despite all the posturing, the Democrats and the Republicans stand shoulder to shoulder with the corporate and financial oligarchy, which regarded last year’s popular protests against social inequality with a mixture of fear and hostility.
Among the central provisions of H.R. 347 is a section that would make it a criminal offense to “enter or remain in” an area designated as “restricted.”
The bill defines the areas that qualify as “restricted” in extremely vague and broad terms. Restricted areas can include “a building or grounds where the President or other person protected by the Secret Service is or will be temporarily visiting” and “a building or grounds so restricted in conjunction with an event designated as a special event of national significance.”
The Secret Service provides bodyguards not just to the US president, but to a broad layer of top figures in the political establishment, including presidential candidates and foreign dignitaries.
Even more sinister is the provision regarding events of “national significance.” What circumstances constitute events of “national significance” is left to the unbridled discretion of the Department of Homeland Security. The occasion for virtually any large protest could be designated by the Department of Homeland Security as an event of “national significance,” making any demonstrations in the vicinity illegal.
For certain, included among such events would be the Democratic and Republican National Conventions, which have been classified as National Special Security Events (NSSE), a category created under the Clinton administration. These conventions have been the occasion for protests that have been subjected to ever increasing police restrictions and repression. Under H.R. 347, future protests at such events could be outright criminalized.
The standard punishment under the new law is a fine and up to one year in prison. If a weapon or serious physical injury is involved, the penalty may be increased to up to ten years.
Also criminalized by the bill is conduct “that impedes or disrupts the orderly conduct of Government business or official functions” and “obstructs or impedes ingress or egress to or from any restricted building or grounds.” These provisions, even more so than the provisions creating “restricted areas,” threaten to criminalize a broad range of protest activities that were previously perfectly legal.
In order to appreciate the unprecedented sweep of H.R. 347, it is necessary to consider a few examples:
A wide area around the next G-20 meeting or other global summit could be designated “restricted” by the Secret Service, such that any person who “enters” a that area can be subject to a fine and a year in jail under Section 1752(a)(1) (making it a felony to enter any restricted building or grounds without lawful authority to do so).
Senator Rick Santorum, the ultra-right Republican presidential candidate, enjoys the protection of the Secret Service. Accordingly, a person who shouts “boo!” during a speech by Santorum could be subject to arrest and a year of imprisonment under Section 1752(a)(2) (making it a felony to “engag[e] in disorderly or disruptive conduct in” a restricted area).
Striking government workers who form a picket line near any event of “national significance” can be locked up under Section 1752(a)(3) (making it a crime to imped[e] ingress or egress to or from any restricted building or grounds).
Under the ancien regime in France, steps were taken to ensure that the “unwashed masses” were kept out of sight whenever a carriage containing an important aristocrat or church official was passing through. Similarly, H.R. 347 creates for the US president and other top officials a protest-free bubble or “no-free-speech zone” that follows them wherever they go, making sure the discontented multitude is kept out of the picture.
The Federal Restricted Buildings and Grounds Improvement Act is plainly in violation of the First Amendment to the US Constitution, which was passed in 1791 in the aftermath of the American Revolution. The First Amendment provides: “Congress shall make no law . . . abridging the freedom of speech . . . or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” (The arrogance of the Democratic and Republican politicians is staggering—what part of “Congress shall make no law” do they not understand?)
H.R. 347 comes on the heels of the 2012 National Defense Authorization Act (NDAA), which was signed by President Obama into law on December 31, 2011. The NDAA gives the president the power to order the assassination and incarceration of any person—including a US citizen—anywhere in the world without charge or trial.
The passage of H.R. 347 has been the subject of a virtual blackout in the media. In light of the unprecedented nature of the bill, which would effectively overturn the First Amendment, this blackout cannot be innocent. The media silence therefore represents a conscious effort to keep the American population in the dark as to the government’s efforts to eviscerate the Bill of Rights.
The bill would vastly expand a previous law making it misdemeanor to trespass on the grounds of the White House. An earlier version of the bill would have made it a felony just to “conspire” to engage in any of the conduct described above. The bill now awaits President Obama’s signature before it becomes the law of the land.
What lies behind the unprecedented attack underway on the US Constitution and Bill of Rights is a growing understanding in the ruling class that the protests that took place around the world against social inequality in 2011 will inevitably re-emerge in more and more powerful forms in 2012 and beyond, as austerity measures and the crashing economy make the conditions of life more and more impossible for the working class. The virtually unanimous support in Congress H.R. 347, among Democrats as well as Republicans, reflects overriding sentiment within the ruling establishment for scrapping all existing democratic rights in favor of dictatorial methods of rule.
This sentiment was most directly expressed this week by Wyoming Republican legislator David Miller, who recently introduced a bill into the state legislature that would give the state the power, in an “emergency,” to create its own standing army through conscription, print its own currency, acquire military aircraft, suspend the legislature, and establish martial law. “Things happen quickly sometimes—look at Libya, look at Egypt, look at those situations,” Miller told the Star-Tribune in Casper, Wyoming. Repeating arguments employed by every military dictatorship over the past century, Miller declared, “We wouldn’t have time to meet as a Legislature or even in special session to do anything to respond.” Miller’s so-called “doomsday law” was defeated in the Wyoming legislature Tuesday by the narrow margin of 30-27.