Opposing Abortion Could Be "Racketeering" Under New Bankruptcy Bill

ALL Pro-life Advocates Could be Labeled "Racketeers" under Schumer Amendment

By Mary Mostert, Analyst, Original Sources (www.originalsources.com)

February 7, 2000

The bill being debated in the Senate on February 2nd was a bill about bankruptcy, which ordinarily would not create much interest for most people. Most people don't declare bankruptcy. The amendment, presented by New York Senator Charles E. Schumer was intended, in his words, to prevent those convicted of violent acts towards abortion clinics, from evading heavy fines through bankruptcy. He said, "This amendment makes debts incurred as a result of acts of clinic violence nondischargeable under the bankruptcy code, and it does this clearly and unequivocally. In other words, this amendment will hold the perpetrators of clinic violence responsible for the damage they incur when they imperil, through either violence or intimidation, a woman's legal right to choose. "

Now, most people in America do not support violence, whatever the cause, and certainly pro-lifers are not in support of those who advocate or perpetrate the killing of adults, i.e. abortionists, as a method of opposition to those who advocate or perpetrate the killing of the unborn. Schumer SAID that the target of his bill were those who had been convicted of committing :

violence against clinics that offered women their right their constitutional right for an abortion " specifically mentioning the " nuremberg files which has today, its 1-year anniversary of a jury verdict of 109 million against those who put it togethe The nuremberg files was a group of extremists. They published the names of doctors and accused them of murder. They published the addresses where their children went to school.

Their graphic on the computer had blood dripping from the pictures of the doctors. They published the name of Dr. Slepian, who was murdered, and after a doctor was injured they put the name in gray. After a doctor was killed, as in Dr. Slepian's case, from my State of New York, up in Buffalo, they put an X through the name.

"Because of their activities, because of the `wanted' posters, where three doctors were killed once they put out `wanted' posters, a Federal court in Oregon urged the judgment against them. That judgment, the jury verdict, was 1 year ago today." However, the defendants declared bankruptcy and therefor the $109 million fine has not been paid."

The amendment was couched in terms that most Senators, probably few of whom had actually read and studied the amendment, would not feel it politically expedient to oppose. Undoubtedly Schumer and other pro-abortion politicians would use a vote opposing the amendment to accuse their opposition of favoring people who kill in support of their anti-abortion views. Furthermore, the vote was expected to be close and presidential candidate Al Gore was on hand, Schumer noted, to break any possible tie. This was an issue set up to become a campaign issue for Al Gore if it failed to pass.

In the Senate debate, Senator Orrin Hatch urged a No vote on the amendment, pointing out:

"As I read this language, it goes far beyond the discrete issue of violence at abortion clinics. In fact, if you read this language in the actual amendment, it has some very strange language in it. It says, in paragraph (3)(C): an actual or potential action alleging the violation of any Federal, State, or local statutory or common law, including chapter 96 of title 18 and the Federal civil rights laws (including sections 1977 through 1980 of the Revised Statutes) that results from the debtor's actual, attempted, or alleged--(i) harassment of, intimidation of, interference with, obstruction of . . .

"Then it gets into injury to, threat to, or violence against any person. Look at that language: harassment, intimidation, interference. My goodness.

"I urge my colleagues to read the actual text of the amendment before they vote. If they believe they are voting on an amendment that strictly covers acts of violence at abortion clinics, they are mistaken. Who knows how this amendment is going to be applied otherwise? The bankruptcy law already takes care of violence, abortion clinic violence, if you will. It does not discharge that in bankruptcy. The cases so state. I do not think we should fail to recognize that the bankruptcy code already provides or allows for the nondischargeability of debts `for willful and malicious injury by the debtor.'

The section of the Criminal Code mentioned in the Shumer Amendment, Chapter 96 of Title 18, is about Racketeer Influenced and Corrupt Organizations. The step to an attorney general declaring ANY pro-life organization a "corrupt organization" is a tiny one. This amendment is a clear and obvious effort on the part of Schumer to do just that. So, this crazy amendment that would target even thinking about opposition to an abortion clinic in your neighborhood, was presented to a Republican controlled Senate, and the powerful and knowledgeable Chairman of the Senate Judiciary Committee opposed it. What do you think happened next? No, it wasn't defeated. In fact, the amendment PASSED - and it wasn't even close - 80-17. The MAJORITY of the Republican Senators passed a bill which is not aimed at those who actually commit violence avoiding bankruptcy. That law already exists. This is designed to intimidate pro-life advocates from even THINKING about opposition to an abortion clinic in their midst or even thinking about opposition to abortion! It could be claimed, and in the culture of our legal system today, successfully claimed that a person had thought about a "potential action alleging the violation of any Federal, State, or local statutory or common law."

This is not an amendment aimed at those who actually have committed a violent act, say murder, from avoiding bankruptcy. That law already exists. This amendment by Sen. Schumer is aimed directly at the heart of the First Amendment and the MAJORITY of the U.S. Senate has voted for it!

It is not yet law. Now is the time to tell your members of Congress what you think. To call, write, e-mail, or fax your members of Congress go to: http://www.originalsources.com/PLobby/ContactCongress.html

To comment: mmostert@originalsources.com

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