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PASSED - McCain Bill Indefinite Detention Without Trial for Citizens

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Post by zone Wed Nov 30, 2011 12:51 pm

McCain Proposes Indefinite Detention Without Trial for Citizens
Written by Thomas R. Eddlem
Sunday, 18 April 2010 18:30



PASSED - McCain Bill Indefinite Detention Without Trial for Citizens  Mccain-ap.001

Senator John McCain (R-Ariz.) [and Carl Levin] has introduced a bill that would allow the President to imprison an unlimited number of American citizens (as well as foreigners) indefinitely without trial. Known as The Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010, or S. 3081, the bill authorizes the President to deny a detainee a trial by jury simply by designating that person an “enemy belligerent.”

The bill, which has eight cosponsors, explicitly names U.S. citizens as among those who can be detained indefinitely without trial:

An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent ... may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged, or which the individual has purposely and materially supported, consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities. [Emphasis added.]

Note that the Bush administration once said that the so-called “war on terror” would last a generation or more, and the U.S. military has officially classified many former Guantanamo detainees, such as England's Tipton Three, as having “returned to the battlefield” for merely granting an interview for the movie The Road to Guantanamo. Another five innocent Uighur (Ethnic Turkish Muslims from China) detainees had been listed as having “returned to the battlefield” after their release because their lawyer had written an op-ed protesting their prolonged detention without trial after they had been mistakenly picked up by a greedy bounty hunter. Writing an opinion or speaking an opinion against the party in power in Washington can — and already has — made some people “enemy belligerents.”

The Fifth Amendment to the U.S. Constitution requires that “No person shall ... be deprived of life, liberty, or property, without due process of law,” and the Sixth Amendment stipulates the due process of law that all are required to receive:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

The requirement for a jury trial has no exceptions for military reasons, and doesn't even exempt foreigners. It simply employs the phrase “all criminal prosecutions,” words that unequivocally apply to the military and civilian justice systems, as well as to both citizens and foreigners. The Founding Fathers truly applied Christ's command to “Do to others whatever you would have them do to you,” but John McCain's new bill wouldn't even do to American citizens what we would assume were basic rights. There is no greater tyranny than indefinite imprisonment at the whim of an executive without legal recourse, and that is precisely what McCain and eight other senators would impose upon America.

McCain defended his bill in a speech on the Senate floor March 4, stating:

The legislation would authorize detention of enemy belligerents without criminal charges for the duration of the hostilities consistent with standards under the law of war which have been recognized by the Supreme Court. Importantly, if a decision is made to hold a criminal trial after the necessary intelligence information is obtained, the bill mandates trial by military commission where we are best able to protect U.S. national security interests, including sensitive classified sources and methods, as well as the place and the people involved in the trial itself.

In other words, the right to trial by jury guaranteed by the U.S. Constitution would no longer be a right. The bill would mandate “military commissions” rather than a jury trial, if and when the President deems to hold a “trial.” Under McCain's legislation, trial by jury wouldn't just be a privilege that the President could withdraw at a whim, the President would be required to deny jury trials. The right to trial by jury would be denied entirely! Of course, any American could be held for decades without trial or even being charged with a crime under McCain's bill.

Cosponsors of the bill include Democrat/independent Joseph Lieberman of Connecticut and Republicans Jim Inhofe of Oklahoma, Jeff Sessions of Alabama, Scott Brown of Massachusetts, Saxby Chambliss of Georgia, David Vitter of Louisiana, George LeMieux of Florida, and Roger Wicker of Mississippi. Those cosponsoring this outright attack on the Bill of Rights are those same Republican neo-conservatives who have dominated the GOP for the last decade or more. Conservative constitutionalists need to reassert control of the Republican Party and purge this cancer from the party and the U.S. Senate, if they wish to retain their freedoms.
http://www.thenewamerican.com/index.php/usnews/crime/3344-mccain-proposes-indefinite-detention-without-tria


Last edited by zone on Wed Nov 30, 2011 1:22 pm; edited 3 times in total
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PASSED - McCain Bill Indefinite Detention Without Trial for Citizens  Empty Americans Could Be Sent to Gitmo Under ‘Indefinite Detention’ Bill

Post by zone Wed Nov 30, 2011 12:54 pm

Rand Paul: Americans Could Be Sent to Gitmo Under ‘Indefinite Detention’ Bill


Senator tells Judge Napolitano bill completely violates Constitution

Paul Joseph Watson
Infowars.com
Wednesday, November 30, 2011

Senator Rand Paul told Judge Andrew Napolitano last night that Americans could be stripped of their rights and sent to Guantanamo Bay under the terms of the ‘indefinite detention’ provision of the National Defense Authorization Act set to be passed by the Senate this week.


Appearing on Napolitano’s Fox Business show, Paul said it perplexed him “how anyone could vote to send an American citizen who’s been accused of a crime to a detention center in a foreign land without due process”.


Paul has offered an amendment to the NDAA bill that would completely strip Section 1031 from the legislation, although it’s unlikely to pass following yesterday’s rejection of Senator Mark Udall’s weaker amendment that would have merely provided more oversight.


The Senator said that he had spoken with other Republicans who had pointed out the numerous instances where the Constitution specifically mentions the right to a speedy trial, habeas corpus and legal due process, all of which would be completely eviscerated with the passage of the ‘indefinite detention’ provision of the National Defense Authorization Act.


Republican supporters of the bill are citing Supreme Court cases to justify the provision that don’t even validate their argument. As Napolitano pointed out, even a saboteur for the Nazis during World War II was allowed to have a trial because he was an American citizen and had innate rights that could not be stripped away.


Napolitano also makes the point that this is merely an act of codifying into law what previous Presidents violated the Constitution to do anyway, specifically under the “parallel legal system” initiated under the Bush administration, “In which terrorism suspects — U.S. citizens and noncitizens alike — may be investigated, jailed, interrogated, tried and punished without legal protections guaranteed by the ordinary system,” as the Washington Post reported in December 2002.


“I wonder how Americans will feel when they see troops in the streets on a regular basis, something no one now living has seen since it ended the last time in 1876,” said Napolitano, referring to how the bill characterizes the whole of America as a “battlefield” in which U.S. troops can freely operate and arrest American citizens.


Republican Congressman Justin Amash, another vehement critic of the legislation, also appeared on Judge Napolitano’s show last night to warn that the provision in the bill would inflict the same tyranny on Americans as under King George over two centuries ago.


“This country was built upon the idea of liberty and if we are fighting terrorism but destroying liberty in the process we’re not really accomplishing the goal of defending this country….American citizens should never be detained indefinitely without charge or trial at the discretion of the President – that is completely outrageous and my constituents agree with me,” said Amash.


Amash added that it would be a “travesty” to see the military engaged in law enforcement because that is “what our founders fought against” during the revolutionary war.


*********************
http://www.infowars.com/rand-paul-americans-could-be-sent-to-gitmo-under-indefinite-detention-bill/


SEE VIDEOS

set to be passed by the Senate this week.

set to be passed by the Senate this week.

set to be passed by the Senate this week.
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Post by zone Wed Nov 30, 2011 1:01 pm



bill that would codify the detention of American citizens indefinitely by the U.S. Military
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PASSED - McCain Bill Indefinite Detention Without Trial for Citizens  Empty Senate Considers Bill Authorizing More Torture

Post by zone Wed Nov 30, 2011 1:06 pm

Senate Considers Bill Authorizing More Torture

WashingtonsBlog
Wednesday, November 30, 2011

“A Middle East Dictatorship Has More Democratic Accountability for Abuse of Power, Including Torture, Than the US Under Obama”


The same Senate which today passed a bill allowing indefinite detention of American citizens on American soil for suspicion of being terrorists is now considering a bill to repeal the prohibitions against torture:


The ACLU and over 30 other organizations sent a letter to the Senate asking them to oppose an effort in Congress that threatens to revive the use of torture and other inhumane interrogation techniques.
PASSED - McCain Bill Indefinite Detention Without Trial for Citizens  6a00d83451b54369e20154352bfcbd970c-800wi


If passed, an amendment introduced by Sen. Kelly Ayotte (R-N.H.) to the Defense Authorization bill would roll back torture prevention measuresthat Congress overwhelmingly approved in the 2005 McCain Anti-Torture Amendment, as well as a 2009 Executive Order on ensuring lawful interrogations. It would also require the administration to create a secret list of approved interrogation techniques in a classified annex to the existing interrogation field manual.

In a related development, republican presidential candidate Michele Bachmann renewed her attack on the prohibition of waterboarding and other forms of torture ….
Glenn Greenwald pointed out last week:


Andrew Sullivan … today noted that the U.S. under Obama imposes even less accountability for abuse of power and war crimes than does Bahrain:


Bahrain’s Sunni government promised “no immunity” for anyone suspected of abuses and said it would propose creating a permanent human rights watchdog commission. “All those who have broken the law or ignored lawful orders and instructions will be held accountable,” said a government statement, which says the report acknowledges that the “systematic practice of mistreatment” ended shortly after martial law was repealed on June 1.
As Andrew put it: “So a Middle East dictatorship has more democratic accountability for abuse of power, including torture, than the US under Obama.” Beyond things like this and the facts set forth in the last paragraph here, perhaps Andrew could use today’s post of his to help clear up the towering mystery he raised yesterday of liberal disenchantment with Obama. That American war criminals are being aggressively shielded from any and all accountability is not an ancillary matter but one of enduring historical significance.
That’s okay, though, because – according to top military, intelligence and civilian experts on interrogation – torture:


(1) Doesn’t produce actionable intelligence

(2) Reduces national security

(3) Creates more terrorists

(4) And is only useful for:


(A) Producing false confessions; and

(B) As a way of terrorizing the population

http://www.infowars.com/senate-considers-bill-authorizing-more-torture/

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PASSED - McCain Bill Indefinite Detention Without Trial for Citizens  Empty Update: The bill passed.

Post by zone Wed Nov 30, 2011 1:12 pm

Co-Sponsors of the National Defense Authorization Act: Bill DOES Apply to American Citizens, and Could Be Used Send Them to Guantanamo Indefinitely

Posted on November 29, 2011 by WashingtonsBlog



Update: The bill passed.

As I noted Sunday, the Senate is poised to vote today on the National Defense Authorization Act bill, which would allow indefinite detention of American citizens living within the U.S.

While some have claimed that this is incorrect, and that American citizens would be exempted from the indefinite detention within U.S. borders authorized by the Act, the Committee chairman who co-sponsored the bill – Carl Levin – stated today in Senate debate that it could apply to American citizens.

Levin cited the Supreme Court case of Hamdi which ruled that American citizens can be treated as enemy combatants:


“The Supreme Court has recently ruled there is no bar to the United States holding one of its own citizens as an enemy combatant,” said Levin. “This is the Supreme Court speaking.“
Under questioning from Rand Paul, co-sponsor John McCain said that Americans suspected of terrorism could be sent to Guantanamo.

You can hear the statements from Levin and McCain on today’s broadcast of KFPA’s Letters and Politics:


Letters and Politics – November 29, 2011 at 10:00am


Click to listen (or download)




As Raw Story notes:


The provision would authorize the military to indefinitely detain individuals — including U.S. citizens — without charge or trial.

“If these provisions pass, we could see American citizens being sent to Guantanamo Bay,” Rand said in the video. “This should be alarming to everyone watching this proceeding today. Because it puts every single American citizen at risk.”

“There is one thing and one thing only protecting innocent Americans from being detained at will at the hands of a too-powerful state — our Constitution, and the checks we put on government power,” he continued. “Should we err today and remove some of the most important checks on state power in the name of fighting terrorism, well, then the terrorists have won.”

“Detaining citizens without a court trial is not American. In fact, this alarming arbitrary power is reminiscent of Egypt’s ‘permanent’ Emergency Law authorizing preventive indefinite detention, a law that provoked ordinary Egyptians to tear their country apart last spring and risk their lives to fight.”
The debate is also being streamed live on CSpan-2.

While passage of the bill would make the Founding Fathers roll in their grave, it might not change that much. As former constitutional lawyer Glenn Greenwald notes:


With very few exceptions, the McCain-Levin bill, awful though it is, doesn’t create any powers beyond what the O Admin thinks it now has.
Indeed, the U.S. has been a de facto police state for many years.

http://www.washingtonsblog.com/2011/11/co-sponsors-of-the-national-defense-authorization-act-bill-does-apply-to-american-citizens-and-could-be-used-send-them-to-guantanamo-indefinitely.html

Update: The bill passed.

Update: The bill passed.

Update: The bill passed.
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Post by zone Wed Nov 30, 2011 1:17 pm

In Modern America, Questioning War Is Considered Terrorism

Posted on November 29, 2011 by WashingtonsBlog


Being Anti-War Is Labeled Terrorism


I noted last year:


According to the Department of Justice’s Inspector General (via AP), the FBI spied on an anti-war rally in Pittsburgh sponsored by a nonviolent anti-war and anti-discrimination group, pretending it was preventing terrorism:


The FBI gave inaccurate information to Congress and the public when it claimed a possible terrorism link to justify surveilling an anti-war rally in Pittsburgh, the Justice Department’s inspector general said Monday in a report on the bureau’s scrutiny of domestic activist groups.

Inspector General Glenn Fine said the FBI had no reason to expect that anyone of interest in a terrorism investigation would be present at the 2002 event sponsored by the Thomas Merton Center, a nonviolent anti-war and anti-discrimination group.

The surveillance was “an ill-conceived project on a slow work day,” the IG stated in a study of several FBI domestic terrorism probes of people affiliated with organizations such as Greenpeace and the Catholic Worker.

Earlier, in statements to Congress and in a press release, the FBI had described the surveillance as related to a terrorism investigation.

***

The FBI has broad definitions that enable it to classify matters as domestic terrorism that actually are trespassing or vandalism, the inspector general said.

Regarding the Pittsburgh rally, controversy erupted in 2006 over whether the FBI had spied on protesters at the event several years earlier because of their anti-war views.
Promoters of peace in Maryland, Minneapolis, Chicago and elsewhere were also considered potential terrorists, as was an individual Quaker peace activist.

The Inspector General’s report confirms that – at least in some instances – anti-war views were specifically targeted:


The report concluded that, while the FBI probes were not generally predicated simply on the views of the targets, at least one FBI field office was focused on a group “as a result of its anti-war views.” It also found that “FBI agents and supervisors sometimes provided the [Office of the Inspector General] with speculative, after-the-fact rationalizations for their prior decisions to open investigations that we did not find persuasive.”
In addition, anti-war websites like AntiWar.com are listed on various terrorist watchlists: see number 16 here, and number 37 here.

AntiWar’s sin? It is (according to the watchlists):


An unusual site, essentially an isolationist right-wing/libertarian site consciously designed to appeal to anti-war activists from the left as well.
The irony, of course, is:


Americans want to put a stop to perpetual warfare:


Ron Paul is [partly] gaining popularity because he is against the never-ending War On Terror, and wants to bring the troops home. Americans are sick of the never-ending, ever-creeping war. See this, this and this.

As Talking Points Memo reported earlier this month:


“…Only about a quarter say the wars in Iraq (26%) and Afghanistan (25%) have lessened the chances of terrorist attacks in the United States,” the Pew report reads. “In both cases majorities say the wars either have increased the risk of terrorism in this country or made no difference.”
Top American military leaders agree, saying that the war on terror has weakened our national security [and it was planned before 9/11, and has little to do with terrorism.]
And a CBS News poll from November 11th found:


  • Three-quarters of Americans support US withdrawal from Iraq.
  • Two-thirds of Americans believe the Iraq War was not worth fighting.
  • Half of Americans oppose US involvement in Libya.
  • More than half of Americans want to end the war in Afghanistan.
  • Seventy per cent of Americans do not support military intervention to change dictatorships into democracies.
  • 55% of Americans say Iran can be contained via diplomacy.
  • Only 15% of Americans support military intervention in Iran.
And Nobel-prize winning economists say war is destroying our economy.

Top American military and intelligence leaders, economists and the majority of Americans, by this logic, must be terrorists.

Nazi leader Hermann Goering’s famous statement is relevant to this issue:


Why of course the people don’t want war … But after all it is the leaders of the country who determine the policy, and it is always a simple matter to drag the people along, whether it is a democracy, or a fascist dictatorship, or a parliament, or a communist dictatorship … Voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is to tell them they are being attacked, and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same in any country.
Is Everyone Who Criticizes the Government a Terrorist?


Of course, anti-war protesters shouldn’t take it too personally, since they are in good company:


According to Department of Defense training manuals, protest is considered “low-level terrorism”. And see this, this and this.

***

The government is also using anti-terrorism laws to keep people from learning what pollutants are in their own community. See this, this, this and this.

Claims of “national security” are also used to keep basic financial information – such as who got bailout money – secret. That might not bode for particularly warm and friendly treatment for someone persistently demanding the release of such information.

The state of Missouri tried to label as terrorists current Congressman Ron Paul and his supporters, former Congressman Bob Barr, libertarians in general, anyone who holds gold, and a host of other people.

***

And according to a law school professor, pursuant to the Military Commissions Act:


Anyone who … speaks out against the government’s policies could be declared an “unlawful enemy combatant” and imprisoned indefinitely. That includes American citizens.
***

Government apologists are also eager to label anyone “taking a cynical stance toward politics, mistrusting authority, endorsing democratic practices, … and displaying an inquisitive, imaginative outlook” as worthy of a Stalinist trip to the insane asylum.

http://www.washingtonsblog.com/2011/11/in-modern-america-liking-peace-is-considered-terrorism.html
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Post by zone Fri May 11, 2012 12:23 pm

i don't recommend a steady diet of infowars...but the internment info checks out and should be confirmed by anybody in doubt. ultimately this is not just a US problem, this is the plan for the whole world.

it should be obvious by now that the coup is complete.

..............

Isolating Political Prisoners

Document also describes forced labor

Paul Joseph Watson
Infowars.com
Monday, May 7, 2012

A shocking U.S. Army manual that describes how “political activists,” including American citizens, are to be indoctrinated in re-education camps also includes rules on forced labor and separating political prisoners by confining them in isolation.

Aside from detailing how PSYOP teams will use “indoctrination programs to reduce or remove antagonistic attitudes,” as well as targeting “political activists” with indoctrination programs to provide “understanding and appreciation of U.S. policies and actions,” the manual directs political prisoners to be separated from the rest of the camp population.

On page 284, the manual (PDF) describes how “Malcontents, rabble-rousers, trained agitators, and political officers who may attempt to organize resistance or create disturbances within the I/R facility,” are to be confined “in isolated enclosures to deny them access to the general population.”

The document also makes clear that the internment facility is not only a re-education camp but also a forced labor camp. Page 277 of the manual states, “Detainees constitute a significant labor force of skilled and unskilled individuals. These individuals should be employed to the fullest extent possible in work that is needed to construct, manage, perform administrative functions for, and maintain the internment facility.”

Page 69 of the manual notes in a section called ‘Detainee Processing Technique’ that prisoners should first have their weapons confiscated before “silence” is guaranteed by methods to, “Prevent detainees from communicating with one another or making audible clamor….Silence uncooperative detainees by muffling them with a soft, clean cloth tied around their mouths and fastened at the backs of their heads.”

As we have exhaustively documented, all these provisions apply not only to prisoners in places like Afghanistan and Iraq, but also to American citizens domestically, including “civilian detainees” incarcerated for “security reasons, for protection, or because he or she committed an offense against the detaining power,” as part of “domestic civil support operations” involving FEMA and the Department of Homeland Security.

The manual details how prisoners will be identified by their “social security number,” another glaring confirmation that the rules apply to U.S. citizens.

The document makes it clear that the rules apply to processing American detainees on U.S. soil so long as the President passes an executive order to nullify Posse Comitatus, the law that forbids the U.S. military from engaging in domestic law enforcement.

Although this story has gone viral amongst independent media outlets, the only mainstream news operations to cover it have been Russia Today and Digital Journal. Having studied all the documents, Digital Journal writer Anne Sewell confirms all the points of our original article – that the manual does describe how to re-educate political activists and that its policies do apply to U.S. citizens domestically.

http://www.infowars.com/re-education-camp-manual-includes-rules-on-isolating-political-prisoners/

....

BY ALL MEANS DO YOUR OWN FOLLOW-UP. the document describes how to re-educate 'religious' people - us...and how to blunt their faith.

if anyone still doesn't know who is driving this thing, here's a hint:

"Although this story has gone viral amongst independent media outlets, the only mainstream news operations to cover it have been Russia Today and Digital Journal".

...


remember Our Savior is with us always, even unto the end, Amen.

Revelation 13:10
If anyone is to go into captivity, into captivity he will go. If anyone is to be killed with the sword, with the sword he will be killed. This calls for patient endurance and faithfulness on the part of the saints.
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