Quantcast

My fellow Americans

[GTranslate]

I do not view myself as a paranoid, but as a realist. In my life I have watched the bubble of freedom slowly eroded in the United States.  Occasionally some action occurs that requires special attention. On Sept 11 2001 the wheels were set into motion to accelerate the elimination of freedoms of the citizens of the United States; with their consent.

Some could say that ten years after declaring war on the the United States the terrorists have come close to victory. If you can remember back to the days before Sept 11 2001 you might remember economic prosperity, a strong US dollar, opportunity for social advancement and peace. In the fog of post Sept 11 jingoism and panic the President of the US was given new executive powers to  “protect the nation”.

In the following ten years after Sept 11 those powers, the cost of implementing them, the cost of wars, one justified and one without merit have helped to destroy the economy of the nation. The politicians might blame welfare, they might blame illegal immigrants, they will blame anyone except themselves. They voted to increase spending and decrease revenue and that coupled with the extra ordinary expenses of two wars and “Homeland Security” have broken the bank.

To end 2011 the US government pulled another on over on the American people. Buried in the 2012 defense appropriation bill is one more major erosion to the civil rights of American citizens and legal immigrants. The language is subtile and some people do not see the danger. Here are the words from the final approved bill HR 1540. I have highlighted the relevant text.

Subtitle D—Counterterrorism

SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILI- TARY FORCE.

(a) IN GENERAL.—Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in sub- section (b)) pending disposition under the law of war.

(b) COVERED PERSONS.—A covered person under this section is any person as follows:

(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.

(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.

(c) DISPOSITION UNDER LAW OF WAR.—The disposition of a person under the law of war as described in subsection (a) may include the following:

(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.

(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111–84)).

(3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.

(4) Transfer to the custody or control of the person’s country of origin, any other foreign country, or any other foreign entity.

(d) CONSTRUCTION.—Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.

(e) AUTHORITIES.—Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States.

(f) REQUIREMENT FOR BRIEFINGS OF CONGRESS.—The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organiza- tions, entities, and individuals considered to be ‘‘covered persons’’ for purposes of subsection (b)(2).

H. R. 1540—266

SEC. 1022. MILITARY CUSTODY FOR FOREIGN AL-QAEDA TERRORISTS.

(a) CUSTODY PENDING DISPOSITION UNDER LAW OF WAR.—

(1) IN GENERAL.—Except as provided in paragraph (4), the Armed Forces of the United States shall hold a person described in paragraph (2) who is captured in the course of hostilities authorized by the Authorization for Use of Military Force (Public Law 107–40) in military custody pending disposition under the law of war.

(2) COVERED PERSONS.—The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1021 who is determined—

(A) to be a member of, or part of, al-Qaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda; and

(B) to have participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.

(3) DISPOSITION UNDER LAW OF WAR.—For purposes of this subsection, the disposition of a person under the law of war has the meaning given in section 1021(c), except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1028.

(4) WAIVER FOR NATIONAL SECURITY.—The President may waive the requirement of paragraph (1) if the President submits to Congress a certification in writing that such a waiver is in the national security interests of the United States.

(b) APPLICABILITY TO UNITED STATES CITIZENS AND LAWFUL

RESIDENT ALIENS.—
(1) UNITED STATES CITIZENS.—The requirement to detain a person in military custody under this section does not extend to citizens of the United States.

(2) LAWFUL RESIDENT ALIENS.—The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States. (c) IMPLEMENTATION PROCEDURES.—

(1) IN GENERAL.—Not later than 60 days after the date of the enactment of this Act, the President shall issue, and submit to Congress, procedures for implementing this section.

(2) ELEMENTS.—The procedures for implementing this section shall include, but not be limited to, procedures as follows: (A) Procedures designating the persons authorized to make determinations under subsection (a)(2) and the process by which such determinations are to be made. (B) Procedures providing that the requirement for military custody under subsection (a)(1) does not require the interruption of ongoing surveillance or intelligence gathering with regard to persons not already in the custodymor control of the United States.

(C) Procedures providing that a determination under

subsection (a)(2) is not required to be implemented until after the conclusion of an interrogation which is ongoing at the time the determination is made and does not require the interruption of any such ongoing interrogation.

(D) Procedures providing that the requirement for mili- tary custody under subsection (a)(1) does not apply when intelligence, law enforcement, or other Government officials of the United States are granted access to an individual who remains in the custody of a third country.

(E) Procedures providing that a certification of national security interests under subsection (a)(4) may be granted for the purpose of transferring a covered person from a third country if such a transfer is in the interest of the United States and could not otherwise be accomplished.

(d) AUTHORITIES.—Nothing in this section shall be construed to affect the existing criminal enforcement and national security authorities of the Federal Bureau of Investigation or any other domestic law enforcement agency with regard to a covered person, regardless whether such covered person is held in military custody.

(e) EFFECTIVE DATE.—This section shall take effect on the date that is 60 days after the date of the enactment of this Act, and shall apply with respect to persons described in subsection (a)(2) who are taken into the custody or brought under the control of the United States on or after that effective date. 

 

As in all laws, the Congress passes them, the President signs and then the Courts can review them for constitutionality.

This law is ambiguous in it’s wording.

It suggests that if the US government or the military suspects you are a terrorist in some way you can be detained by them without recourse to the courts until the end of the “war on terror”. We know that war will never end, this is Orwellian warfare.

Some might suggest the the law exempts US citizens and legal residents:

Sec 1021 4(B)(1) UNITED STATES CITIZENS.—The requirement to detain a person in military custody under this section does not extend to citizens of the United States.

What is the definition of requirement?

requirement |riˈkwīrmənt|

noun

• a thing that is compulsory; a necessary condition: applicants must satisfy the normal entry requirements.

Therefore it implies that although it is not compulsory to retain US Citizens without trial, it is also not prohibited.

This section seems to conflict with the interpretation I read above.

Sec 1021 (e) AUTHORITIES.—Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States.

To get a court to rule on this requires due process and a right to be heard in a court, something denied by the very fact the person who has been detained has no such right under this law.

This law, put into a defense appropriation, a must pass law, has continued to erode the rights of Americans. You will argue that you do not need to worry, you are not a terrorist. All it would take under this law is for a neighbor to accuse you of being an advocate of al-Qaeda, the Taliban or what ever new group they invent next. You are then arrested and although it is not required , you can then be detained and denied access to the courts.  This is a direct violation of the fourth and fifth Amendments to the US Constitution yet it was approved by Congress and signed into law.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and noWarrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

It is also a perversion of the Fifth Amendment by claiming a perpetual state of war.

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
The amazing part is despite some fringe comments from both the extreme left and right wings of politics few are paying attention.
“WASHINGTON – President Obama signed the National Defense Authorization Act (NDAA) into law today. The statute contains a sweeping worldwide indefinite detention provision.  While President Obama issued a signing statement saying he had “serious reservations” about the provisions, the statement only applies to how his administration would use the authorities granted by the NDAA, and would not affect how the law is interpreted by subsequent administrations.  The White House had threatened to veto an earlier version of the NDAA, but reversed course shortly before Congress voted on the final bill.”  ACLU
So much for Obama, he proved he is just one more agent for removing the civil rights of all Americans abet with equality.

Comments

  1. Bjorn Sefeldt says:

    Lee, I agree with you, but this what you say started at 9/11 is merely an acceleration of ongoing deterioration of the US…I`ve been trying to tell people for over the forty years I`ve lived in Texas , in the US, that this was / is ongoing…but people never beleived me . most common response has been:
    ” this is Ameerica ,it will never happen here”….
    but it is /has and is one of the main reasons I contemplate retiring outside the US, most likely in Panama. my wife is still blind to whats going on…she knows its happening ,but hopes/believes “every thing will be fine”…her main problem being, she has never moved anywhere ,and I think it scares her…I`m already an expat…moved across the Atlantic 3 times…I have no problem w new environments!

  2. It leaves me with a feeling of nausea and disgust to see the President and Congress of the U.S. so determined to grab evermore power at the expense of personal freedom. “The Land of the Free” is just so much claptrap after Bush and Obama. The country has truly descended into tyranny.

    Should either of Romney or Santorum get the Republican nod, it will be same-o-same-o. I truly think we haven’t much time. It’s very late in the game.

    Time to stop tinkering around the edges with people and policies that haven’t worked; the ones that have caused our problems: The Federal Reserve and its limitless bailouts and 24/7 printing presses. The military-industrial complex and its limitless wars. Not to mention the failed–and extremely costly in both human and monetary terms–War on Drugs and its predecessor War on Poverty. (By any account, Drugs and Poverty both won).

    The election of Ron Paul would be a start in the right direction. He’s the only one that allows any hope at all.

  3. This next video is being passed around on Facebook. It’s a short, chilling synopsis of the likely uses of NDAA. It’s a “must-see” if you value liberty.

    http://revolutionarypolitics.tv/video/viewVideo.php?video_id=17133&title=danger——ndaa—sopa

    There are many others on YouTube from perspectives of those who view themselves as right or left . At YouTube.com, search NDAA 2012.

    We need to make dissent go viral!

  4. Jackson Browne — “Looking East”

    Standing in the ocean with the sun burning low in the west
    Like a fire in the cavernous darkness at the heart of the beast
    With my beliefs and possessions, stopped at the frontier in my chest
    At the edge of my country, my back to the sea, looking east

    Where the search for the truth is conducted with a wink and a nod
    And where power and position are equated with the grace of God
    These times are famine for the soul while for the senses it’s a feast
    From the edge of my country, as far as you see, looking east

    Hunger in the midnight, hunger at the stroke of noon
    Hunger in the mansion, hunger in the rented room
    Hunger on the TV, hunger on the printed page
    And there’s a God-sized hunger underneath the laughing and the rage
    In the absence of light
    And the deepening night
    Where I wait for the sun
    Looking east

    How long have I left my mind to the powers that be?
    How long will it take to find the higher power moving in me?

    Power in the insect
    Power in the sea
    Power in the snow falling silently
    Power in the blossom
    Power in the stone
    Power in the song being sung alone
    Power in the wheatfield
    Power in the rain
    Power in the sunlight and the hurricane
    Power in the silence
    Power in the flame
    Power in the sound of the lover’s name
    The power of the sunrise and the power of a prayer released
    On the edge of my country, I pray for the ones with the least

    Hunger in the midnight, hunger at the stroke of noon
    Hunger in the banquet, hunger in the bride and groom
    Hunger on the TV, hunger on the printed page
    And there’s a God-sized hunger underneath the questions of the age
    And an absence of light
    In the deepening night
    Where I wait for the sun
    Looking east

  5. Back at you, Wry

    Lives in the Balance, Jackson Browne, 1986

    http://www.youtube.com/watch?v=VPFdbKLUmQk

    I’ve been waiting for something to happen
    For a week or a month or a year
    With the blood in the ink of the headlines
    And the sound of the crowd in my ear

    You might ask what it takes to remember
    When you know that you’ve seen it before
    Where a government lies to a people
    And a country is drifting to war

    And there’s a shadow on the faces
    Of the men who send the guns
    To the wars that are fought in places
    Where their business interest runs

    On the radio talk shows and the t.v.
    You hear one thing again and again
    How the u.s.a. stands for freedom
    And we come to the aid of a friend

    But who are the ones that we call our friends–
    These governments killing their own?
    Or the people who finally can’t take any more
    And they pick up a gun or a brick or a stone

    There are lives in the balance
    There are people under fire
    There are children at the cannons
    And there is blood on the wire

    There’s a shadow on the faces
    Of the men who fan the flames
    Of the wars that are fought in places
    Where we can’t even say the names

    They sell us the president the same way
    They sell us our clothes and our cars
    They sell us every thing from youth to religion
    The same time they sell us our wars

    I want to know who the men in the shadows are
    I want to hear somebody asking them why
    They can be counted on to tell us who our enemies are
    But they’re never the ones to fight or to die

    And there are lives in the balance
    There are people under fire
    There are children at the cannons
    And there is blood on the wire

  6. This reminds me of several years ago when the U.S Congress decided to pass bankruptcy reform laws. There had been no pressure from the general population to get this done, but it was suddenly a top Government priority and it got done. I asked myself why they were doing this. Did the Banks see trouble coming and applied the necessary pressure to their political hirelings to get protection? Well, it seems so because the more restrictive bankruptcy laws were in place in time for the The Great Recession that decimated the middle class.

    Now the U.S.Government is passing law enabling a military backed dictatorship and to hell with constitutional protections. Why? There has to be a reason for this. I suspect that the so-called “Elites” see civil unrest as probable as The American Imperium declines and they intend to deal efficently with the commoners when the time comes.

    Most citizens of the U.S, if they are even aware, seem unconcerned. They think that those laws apply to someone else. It may be time get out of here before they close the borders. Didn’t the Germans experience something similar back in the 1930′s? A steadly growing tyranny?

  7. I’m a 62 old viet vet.. I’m part of the 99% movement (Denver).. I was shocked by the militarization of the local police, funded by millions of dollars from the TSA folks, under the guise also of fighting terrorism.. Sure is not the country that I recognize anymore or much want to be a part of..
    Though I never liked the NRA,, can see the maybe those folks were right..

  8. Mike Holley says:

    Yes, the terrorists have won, and now they’re employed by our government. When I purchased my plane ticket online the credit card company wanted the name on the card which was Mike. After returning from Mexico last year with my three kids the young TSA punk in AZ wouldn’t let me pass which caused even more congestion. Why? The name on my driver’s license and the name on my passport was Michael. “In the future we won’t be letting these through”. These two froms of ID were not enough and he needed more (which I didn’t have). He eventuall gave up and let the old fat white guy go. Maybe I looked like a terrorist or something?

    MikeH

  9. Wade Winkler says:

    I encouage everyone to read the manifesto called Milestones. If you want to know why the terrorists are out to get ALL non-salafi (sp). Sorry my spelling is off…only one cup of coffee so far… According to the book, the book that ALL of the ” blow up a school bus cowards ” study as part of thier training, All capitalists, and socialist must die, and the caliphate must be re-installed. We, the rest of the world, did not cause this. We are mearly in thier way. I hate the fact that America has given up civil liberties. Ron Paul has an over simplified view. We do not need to do ANYTHING to these people, we can be complete isolationists, we will still be attacked. So what is the answer? Truth is….I dont know.

Leave a Reply

%d bloggers like this: