Un-Patriot Act?

" Many of you heard -- condemn the Patriot Act. As the most unlawful unconstitutional. Hateful piece of legislation. Since the alien and sedition acts of the 1790s. The Patriot Act criminalize as free speech permits federal agents to break into your home without notice for eighteen months. And and a new low allows federal agents. To write their own search warrants bypassing the requirements of the Fourth Amendment of the constitution. That says only judges may issue search warrants. And only upon a showing of probable cause of crime. But those are not the only intrusions upon freedom from this hated law. The Patriot Act permits the Fed's. To track and monitor legitimate movement of cash and wealth. Throughout the banking system also went -- judicially authorized warrants on a scale never seen before. And all of this all of these losses of freedom that are guaranteed by the constitution. Are supposed to be keeping us safe from terrorism. Have they kept us safe. Who will keep our freedoms safe from the government. Here to discuss all this is James boulevard policy adviser to the future of Freedom Foundation. And author of attention deficit democracy. James welcome back to freedom watch. It back on what what what parts of the Patriot Act have gotten less attention than the ones that you -- I've talked about before. And and a lot of people can understand like a sneak and -- and self written search warrant what what does the Patriot Act let the federal government to. To the ordinary legitimate lawful movement. Of cash and and instruments throughout the monetary system."

" Well there's a lot of expenses the financial turbulence in the Patriot Act and a lot of new speaker powers. The this stuff that that's -- kind of waiting for they've -- try to get of these power of the of the -- But the GOP congress that nobody up from my eleven they had these these bills sitting on the -- a -- random through congress. Because of that may have a lot easier for the government seizure financial information and of government cares you prevalent more pointed the government thinks he should have. Government could -- it dep under a new law called -- bulk -- spot."

" The government can confiscate cash from you that is steal it from you. Without having to prove that you possessed it illegally or failed to report it without having to satisfy. A judge and jury but to a moral certainty and beyond a reasonable doubt which was always the standard -- can still get your cash."

" Right with with the new ball back smuggling of stomach carrying more than 10000 dollars in -- out of the country it doesn't notified the federal government. The government could -- up money no if ands or --"

" Can you get that cash back I -- if I come over from from Italy and I have I have 10000 dollars. In my pocket and I failed to reported and the Fed sees it is that is that the federal property forever or to like get it back after jumping through some hoops."

" Well you know part of what was so people about the Patriot Act was attempting to do by definition. That if you have that money that you -- notify the government Europe Babcock. I mean it doesn't make it has to make a blanket indictment of everybody traveled cash but this is what the -- maker back dead."

" Meaning -- which -- what lawyers call the burden of proof for 230 years. The obligation of proving the case belong to the government the government would have to prove. But I broke the law and therefore it could seize the proceeds of that law breaking under the Patriot Act. I have to prove that I did not break the law in order to get back what was lawfully mine."

" Well and not only that that -- but the standard of which it after proving that they be adept approving either one. There was less than 10000 dollar or two that he did notify the government. Because otherwise you are just due to be an evil person simply because you have money that you did not tell the governor about."

" Even even if that money was lawfully mine lawfully earned lawfully taken out of a valid. Bank account that the government knew about insured by the FDIC. They could still take it from."

" Right there's that doesn't put the law to overturn a 1998 Supreme Court case in which it that was the case almost. Parallel exactly what you it was -- guy was travelling abroad he had 300000 dollars within the you've adopted. LAX. The government -- you don't uproot it he got enough money honestly it's earned it and Soviet Supreme Court forced the government to give the money back to him. This is public outrage that greatly department the Customs Service. So those folks were questioned to have that law over to have that ruling overturned and thanks the paperback it doesn't read doesn't require any evidence that you did anything wrong. Except he didn't tell the government what you had with."

" So somebody comes up to you with a gun and says he and over the 10000 dollars if they don't have a badge it's a crime. If they do have a badge it's not a crime. It's a public service and public property what is the government looking for a mean when when are -- wants to follow them Martin."

" Elect -- our. I've made biting into -- government -- before and -- distant and the bureaucrats were looking for any pretext. That he's the Mahdi Army. That they were you know of course in the Patriot Act there was talk about the dangerous. Terrorism and drug trafficking racketeering and tax division. You know we that we already have shelves. A statute a couple of those -- without the crime. There was no need to add add add new crop this statute book but allows government -- money you want the government cannot even alleged that you had any wrongdoing."

" We're chatting -- James boulevard from the future of Freedom Foundation. How does any of this seizure of cash. Lawfully acquired. And lawfully possessed keep us any safer how does the government even make that argument James."

" Well there is that you know there were a lot of strange argument made the top of the -- that. And since then -- that -- were Treasury Department. The -- department officials to talk about money that kill. They were basically trying to make the that they were trying to make it make people think. The that the government did not have by almost power over everybody's money that goal it's always end up in that terrorists bank account. Well this is that this has not been the case before it's not the case now. And it was just a typical fear mongering which they're try to do good trying to make people think that there's nothing more dangerous than your own freedom."

" Can the government point to a single case. Of likely terrorist activity which it stopped as a result of its unlawful following unlawful tracking. And unlawful seizure of lawfully owned and possessed cash."

" Not that I'm aware of you know as as far as has bulk cash smuggling some of the Treasury Department was doing the first few years at law was passed. It would do it that would have put out announcement of how much money did these are people traveling to the Middle East. And we response system that anybody would probably -- Jordan or Saudi Arabia or Syria. Shouldn't presume would be apparent to."

" Right right I I thought their racial profiling was against the constitution. And against at least rigueur for Civil Rights Act. As Civil Rights Act that federal government racially profiles James."

" Well it it wasn't I wasn't racial profiling because of these you know because this involved people who were crammed into -- nation's. Of which have had terrorists the past."

" Our so the government assumes that someone going to are coming from those nations even if its -- James -- barter Bill O'Reilly or. Andrew Napolitano or some lawful law abiding citizen who returns with cash must be up to no good and we seize it we can add to the federal treasury. And tell everybody else we kept them safe."

" Right and you know they're there's somebody different levels of disputed -- in Europe at a boat the bodies these they. Has an outgoing. People crowding to these areas. And it doesn't make any sense -- that the other system that terrorist groups there would need to get money from the US when there's a whole lot more money floating around the Middle East -- those kind of purposes."

" James boulevard thanks for joining us some freedom watch their trip got."