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Forum Post: Military Detention, PLEASE GO TO US SENATE DISTRICT OFFICES TODAY (THURSDAY!) Occupy can show it stands for ALL Americans not just left or right.

Posted 12 years ago on Dec. 1, 2011, 2:14 a.m. EST by moveonsucks (3)
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http://www.nycga.net/members/moveonsucks/activity/50203

PLEASE GO TO US SENATE DISTRICT OFFICES TODAY (THURSDAY!) Occupy can show it stands for ALL Americans not just left or right. Go to offices of senators who voted for martial law on Tuesday, final vote in US Senate today, if we occupy offices in districts, word will go out to DC and they can do Hart and Dirksen Senate office buildings. SIGNS: NO MILITARY DETENTION FOR AMERICAN CITIZENS! Defend the U.S. Constitution! Getting arrested because we won’t leave at 5 gets more news. Vote is at around 4pm I think. Please twitter/facebook.

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http://warisacrime.org/content/mccain-levin-military-detentions-law-americans-clears-path-domestic-assassinations

”McCain-Levin Military Detentions Law for Americans Clears Path for Domestic Assassinations.”

By Ralph Lopez

As I writer I cast my net far and wide for ”temperature checks” on various issues, and I can tell you that whether it is Tea Party, mainstream GOP, the Ron Lawlers, apolitical sports forums, it is the same: no one can believe this is happening. In the heated discussion rooms of the blogosphere I have never seen such agreement among people who loath each other and have never agreed on a single thing.

Even ConservativeByte.com (”Take a byte of of liberalism”) greets the ACLU like they were old pals. The S. 1867 National Defense Authorization Act to be voted on tomorrow in the Senate:

…would define the whole of the United States as a “battlefield” and allow the U.S. Military to arrest American citizens in their own back yard without charge or trial. “The Senate is going to vote on whether Congress will give this president—and every future president — the power to order the military to pick up and imprison without charge or trial civilians anywhere in the world. The power is so broad that even U.S. citizens could be swept up by the military and the military could be used far from any battlefield, even within the United States itself,” writes Chris Anders of the ACLU Washington Legislative Office.

True, it is no secret that Constitutional rights have been steadily eroded since 9/11, but until now, politicians have at least had the decency to to be wary of how people might react. The changes have been subtle and couched in assurances that wholesale erasure of rights are not the case. Jose Padilla was arrested on American soil, yes, but he was stepping off a plane on the last leg of a return trip from a ”battlefield.” The Military Commissions Act of 2006, according to Yale law professor Bruce Ackerman,

”…authorizes the president to seize American citizens as enemy combatants, even if they have never left the United States. And once thrown into military prison, they cannot expect a trial by their peers or any other of the normal protections of the Bill of Rights.”

However, there has been some disagreement among legal scholars over whether the Act includes American citizens because it does not exclude them, leaving some measure of ambiguity.

And although Obama ordered and carried out the extrajudicial execution of an American citizen, Anwar Al-Awlaki, earlier this year, defenders of the policy argue that, again, the setting was a ”battlefield” outside the United States, in this case a car on the highway in Yemen.

In the National Defense Authorization Bill S. 1867, for the first time since 9/11, there is to be no ambiguity, no doubt as to the intent of the senators. Given the chance to strip out the offending provisions, 61 senators made abundantly clear that burying the Sixth Amendment of the U.S. Constitution is their clear intent, and voted against the change. The senators were told point blank by Senator Lindsey Graham,one of the co-sponsors of the provision, in a speech on the Senate floor:

“1031, the statement of authority to detain, does apply to American citizens and it designates the world as the battlefield, including the homeland.”

The Sixth Amendment of the U.S. Constitution guarantees:

”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.”

There is no need to guess or argue anymore. Graham said it. Sen. Kelly Ayotte (R-N.H.) declared that the bill is needed because “America is part of the battlefield.” Some who have apparently not heard Graham’s words have taken comfort in a ruse which Republican Congressman Justin Amash told the The Grand Rapids Press is “carefully crafted to mislead the public.” This shows that, despite Graham’s treasonous boldness, other senators still retain some of Jefferson’s ”fear” of ”the people” (”When governments fear the people, there is liberty. When the people fear the government, there is tyranny.”)

But Senior Legislative Counsel for the Washington office of the ACLU dispels any remaining doubt behind which senators less brazen than Graham seek to hide:

”Don’t be confused by anyone claiming that the indefinite detention legislation does not apply to American citizens. It does. There is an exemption for American citizens from the mandatory detention requirement (section 1032 of the bill), but no exemption for American citizens from the authorization to use the military to indefinitely detain people without charge or trial (section 1013 of the bill). So, the result is that, under the bill, the military has the power to indefinitely imprison American citizens.”

And so the dilly-dallying after 9/11 is over. If the clear intent and the language of the law is to codify the ”homeland” as the ”battlefield,” where does that leave the now established claim of authority to assassinate American citizens deemed ”terrorists” without charge or trial, on the say so of the ”national security” establishment, on the newly codified ”battlefield?” It is not high-profile alleged terrorists like Al-Awlaki who we need to be worried about. The Washington Post has confirmed that:

”The military’s Joint Special Operations Command maintains a target list that includes several Americans…U.S. officials have said that the government is prepared to kill U.S. citizens who are believed to be involved in terrorist activities that threaten Americans.”

The list is secret, and so there is no way to determine who is on it, or presumably, who is no longer because they have already been killed. If Americans do not see this as a recipe for mischief they are not Americans any longer...

MORE: http://www.nycga.net/members/moveonsucks/activity/50203

3 Comments

3 Comments


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[-] 1 points by BOA (10) 12 years ago

The 1st amendment is so stupid anyway. :O

[-] 1 points by BOA (10) 12 years ago

i know right? Like totally! :O

[-] 1 points by ohreally (3) 12 years ago

"Don’t be confused by anyone claiming that the indefinite detention legislation does not apply to American citizens. It does."

I disagree. Look at Sec 1031(d):

"(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."

Refer to Authorization for Use of Military Force (Public Law 107-40) as cited in section 1031(a) and you will find:

"Whereas, the President has authority under the Constitution to take action to deter and prevent acts of international terrorism against the United States..."

It states that, of course, the President's authority is limited under the constitution. SB 1867 does not override the Bill of Rights. Section 1031(d) limits the scope of that section to legislation that has been in place since September 18, 2001.