The House of Representatives on Wednesday passed the current defense authorization bill, which includes a provision that would codify a system of military prisons to indefinitely detain terrorism suspects without charge or trial, including American citizens caught on U.S. soil.
The bill passed 283-136 in the House and a committee version of the bill passed in the Senate 93-7 last week. The Senate is expected to make a final vote on Thursday and send it to the White House to sign into law by the end of the week.
The Obama administration is supportive of the bill, despite threatening to veto it on the grounds that those provisions “mandat[ing] military custody” amounted to a “restriction of the President’s authority” to choose what to do with terrorism suspects. No mention of the disintegration of the fifth amendment’s due process clause appeared in the administration’s objection.
In response to this veto threat, the Senate revised the provisions mandating military custody and inserted the option of a waiver for American citizens; that is, the Executive branch would be allowed to waive the requirement to deprive suspects of their constitutional rights at their discretion.
As revealed in the Senate deliberations last week, the Obama administration itself requested the principal authors of the provision – John McCain and Carl Levin – to include language authorizing due-process-free military custody for American citizens. The initial threat of veto was apparently nothing more than political theater on the part of the White House.
“If President Obama signs this bill,” said Laura W. Murphy, director of the ACLU Washington Legislative Office, “it will damage both his legacy and America’s reputation for upholding the rule of law. The last time Congress passed indefinite detention legislation was during the McCarthy era and President Truman had the courage to veto that bill. We hope that the president will consider the long view of history before codifying indefinite detention without charge or trial.”
If it is written into law that person can be 'detained indefinitely' on charges real or imagined, there must be a legal standard to be met in order for the person to be determined a threat in the first place. Where is this standard written into law? How can I, as a private American citizen, determine what is and isn't legal for me to do or not do? If this program is to be run by the military, what Regulation will cover the procedures, and what criteria must the military go by to determine if someone is a threat or not? At what level will officials be given the authority to 'indefinitely detain' persons with or without charges? Can a Sergeant do it? How about a Lieutenant? Will a Colonel have that authority? Or will a beat policeman have the authority to pick someone up and turn them over to disappear into the system? Will families of those 'detained' be notified? Will they be told on what charges?
Why do I get the sneaking suspicion that this 'permanent detention' plan is nothing but a huge legalized scare tactic to keep the proles in line and stifle any form of dissent against whatever Establishment happens to be in power?
i can assure you, John, that the administrative details you raise have all been well thought out, sifted and sorted thru, and written down as policies, procedures, and processes to be implemented when the time comes. Just like USA PATRIOT was suddenly full-born 5 days after 9.11, this whole "next step" has been in the works probably since even before September 10, 2001. It is simply a matter of allowing things to be built up and built upon…. and, thereby, prepping the American People for the next, logical, inevitable phase of The Coup of September 11, and the insanities, obscenities, and abominations of this so-called international and domestic "War" Against so-called "Terrorism."
9.11 worked. It was and is the most successful psychological warfare operation in the history of the planet. And when the time comes, WHO and/or WHAT is going to stop 9.11-II? And this next step?
The rocky road of open Rebellion is right around the corner. The fascist police state is gearing up; tough times ahead…. On with the Revolucion !
The fascist dialectic has been hard at work gearing up for this for quite some time. And the recent notification that internment camps are getting ready to fire up across the country should wake up any fence straddling idiot.
What do you do on a daily basis that could be construed as terrorism, on any obscenely ridiculous level? Are you buying mass quantities of fertilizer for legal use? Planning to become an AK-toting pilot anytime soon? I doubt you have much to worry about.
So. It is now all in place.
When those who benefitted most from 9.11 determine that they stand to benefit once again from another Horror Show, WHO and/or WHAT is going to stop them?
And when 9.11-II happens, this unchallenged and unchallengeable expansion of Executive power first granted in the USA PATRIOT Act will move to its next, logical, and inevitable level: and the roundups of persons and seizures of property will begin.
And the Actual, Real TRUTH about WHAT actually happened on 9.11, about HOW it actually happened, about WHY it actually happened, and about WHO actually Made it happen will be as relevant, significant, and useful as was the Real TRUTH about the Reichstag Fire to those on their way to the gas chambers and ovens.
Let those who denigrate 9.11 TRUTH be among the first to suffer the consequences of their faith in The Official Conspiracy Story.
Oh dear. Can't wait to see what's next for the People's Republic of Amerika.
it is a declaration of war against those rights enshrined in the constitution and the bill of rights…
it is a declaration of war against the patriots and all those who fought to keep America free…….
it is a declaration of war against the rights of every American and their children and their children's children…… It is the day the light that America was is extinguished … This Day will live in infamy……..
You have put it well. It goes beyond the slaps and insults. It is a challenge.
Fait accompli. Done is done and g'bye everybody see you in the camps.
Not if I can help it, Skulz. But if it does happen… please share the blanket.
Hi MoT:I'm not certain there's a thing ANY American can do about Congress and our 'Dear Leader' stripping away our Constitutional rights. The tyrannical bastards are NOT listening to 'we the people'. By the by, I'd be happy to share the threads if/and/or/when the internments begin. Here's the deal, a long time ago I served time. I'm not proud of that but it's fact. Had to serve a little state-ordered time out on account of this messy addiction thing. I'm much better now thank you. Clean for a long time. But… I know how to be a real pain-in-the-ass while serving time. So, our unpleasantly fascist leaders want to lock me up? They will learn an entirely new dimension to the term “f*@k the police!” I can be one unruly bastard and I'm pretty dang good at it. Let the games begin…
Nobody knows better than someone who's been in the belly of the beast. Just ask Solzhenitsyn.
Over the last 10-12 years the people who warned this would happen were laughed at and called crazy, well, nobody is laughing anymore, this was inevitable, the war is coming home.
This result was guaranteed the day the US Congress passed (and repassed) the USA Patriot Act. The fact that the heart of the 5th Amendment has just been ripped out is irrelevant. The fact that this act is a Constitutional Amendment in disguise is irrelevant. The fact that this act irrevocably changes who we are as a country is irrelevant. What is relevant is that we can not stop what is happening. We no longer have a voice, except to revolt – and that won't happen until the last piece of bread is gone.
Look for the Archons to increase their attempts to stifle the flow of information and discussion. I expect that we will see more legislation to increase control over the Internet in the near future. There will be nebulous but "fear mongering" reasons for their throttling of digital speech and access to information and those Americans who stood behind the government in support of the Patriot Act because "we can't allow the terrorists to win" will also stand behind the Archons when they close down the flow of information "in the name of SECURITY."
I think you are right: it is indeed the Fifth Amendment which is under attack from many sides (along with the Fourth). I recently looked up Kelo v. New London, a recent Supreme Court case in which eminent domain was at issue when a developer wanted to take over some property in the city of New London Connecticut. It was held that if someone could come up with a better use for the property ("more jobs" ) then the government could join with the developer to force out residents. Such a taking would be legal under the Fifth Amendment eminent domain. This of course would put favored parties and the government into a relationship. Even the burden of proof to show a "better" option would be rather light. I understand that one of the arguments of the current Alberta Tar Sands – Texas pipeline, through prime farmland and over ancient aquifers, is being touted as a "job creator" (although smart people are taking that argument apart, so the much-vaunted 150,000 jobs turn out to be a will o' the wisp after all). Still, under the principles of Kelo it is a done deal. So that's another piece of the work to undermine the Constitution and silence voices which have just started to be heard due to electronic media. TPTB are out to terrorize those who would undercut their own control and plans. I suppose China is the great model of where they want to go these days.
Obama has a Legacy? Since when? Oh that's right becoming the first illegal immigrant black president and the worst President ever elected in the history of the world. Well I guess that must count for something right?
That's what I like about Antiwar.com…even ignorant, racist, birther, dittoheads can comment here.
News flash, Sport, if this country stays on the track it seems to be on now (and for the past 5 decades or so), you may have been "born free" but that's not the way you (or the rest of us) will go out. The current occupant is no different from the previous occupant when it comes to ripping up the Constitution.
McCain and Graham's war lust
Indefinite detention without charges or trial has nothing to do with fighting terrorism. The economy is set to soon disappear beneath the waves. The politicians know this, because they have helped to make it happen. That's why the indefinite detention provision was secretly inserted by Senators Levin and McCain into the Defense appropriations bill. The sneaky politicians don't want to alarm the McSheep by openly arguing the "merits" of repealing the 5th Amendment in a stand alone bill.
When food disappears from grocery store shelves along with people's bank accounts and welfare checks, there will be great anger, rioting and looting. That's when martial law will be declared by Obama and the roundups will start. Starving people will beg the government to lock them up in FEMA gulags to labor as slaves for one meal a day. Those will be the lucky ones.
”it will damage both his legacy and America’s reputation for upholding the rule of law.
Well, that is hardly a problem in the land with one quarter of the world's incarcerated population and wars against at leact 6 countries at once.