Imagine men in bleach white bio suits with medical masks show up at your door. You are suspected of carrying a communicable disease. You will now be arrested and held without due process, indefinitely.
The government could do this any day.
They have the “authority”. They have the personnel. They have the funding. Now all they need is the excuse.
The US House of Representatives approved an annual defense spending bill early Thursday after rejecting a proposed amendment that would have prevented the United States government from indefinitely detaining American citizens.
An amendment introduced in the House on Wednesday this week asked that Congress repeal a controversial provision placed in the National Defense Authorization Act of 2012 that has ever since provided the executive branch with the power to arrest and detain indefinitely any US citizen thought to be affiliated with Al-Qaeda or associated organizations.
“This amendment would eliminate indefinite detention in the United States and its territories,” Rep. Adam Smith (D-Washington), a co-author of the failed amendment, said during floor debate on Wednesday, “So basically anybody that we captured, who we suspected of terrorist activity, would no longer be subject to indefinite detention, as is now, currently, the law.”
“That is an enormous amount of power to give the executive, to take someone and lock them up without due process,” Smith added. “It is an enormous amount of power to grant the executive, and I believe places liberty and freedom at risk in this country.” Continue reading »
Pulitzer prize winning reporter Chris Hedges – along with journalist Naomi Wolf, Pentagon Papers whistleblower Daniel Ellsberg, activist Tangerine Bolen and others – sued the government to join the NDAA’s allowance of the indefinite detention of Americans.
The trial judge in the case asked the government attorneys 5 times whether journalists like Hedges could be indefinitely detained simply for interviewing and then writing about bad guys.
The government refusedto promise that journalists like Hedges won’t be thrown in a dungeon for the rest of their lives without any right to talk to a judge.
H.R. 3304 (A bill to authorize and request the President to award the Medal of Honor to Bennie G. Adkins and Donald P. Sloat of the United States Army for acts of valor during the Vietnam Conflict and to authorize the award of the Medal of Honor to certain other veterans who were previously recommended for award of the Medal of Honor. )
An act to authorize the President to award the Medal of Honor to Bennie G. Adkins and Donald P. Sloat of the United States Army for acts of valor during the Vietnam Conflict and to authorize the award of the Medal of Honor to certain other veterans who were previously recommended for award of the Medal of Honor.
It isn’t until you click the link for H.R. 3304 that you come to this page titled “Latest Title: National Defense Authorization Act for Fiscal Year 2014 “
“Today I voted against the National Defense Authorization Act. I am deeply concerned that Congress still has not prohibited President Obama’s ability to indefinitely detain U.S. citizens arrested on American soil without trial or due process.
Late Thursday night, the Senate passed the NDAA for Fiscal Year 2014, in a sweeping bill now being sent to the president which reports suggest he will sign.
The bill, is infamous for its language on indefinite detention, and “disappearing” of American citizens. Once again, the bill was past via Fast-Tracking while most of the country was sidelined on the Phil Robertson issue with Duck Dynasty.
This post explains the liberties guaranteed in the Bill of Rights – the first 10 amendments to the United States Constitution – and provides a scorecard on the extent of the loss of each right. (This is an updated version of an essay we wrote in February. Unfortunately, a lot of information has come out since then.)
The government admits that journalists could be targeted with counter-terrorism laws (and here). For example, after Pulitzer Prize winning journalist Chris Hedges, journalist Naomi Wolf, Pentagon Papers whistleblower Daniel Ellsberg and others sued the government to enjoin the NDAA’s allowance of the indefinite detention of Americans – the judge asked the government attorneys 5 times whether journalists like Hedges could be indefinitely detained simply for interviewing and then writing about bad guys. The government refusedto promise that journalists like Hedges won’t be thrown in a dungeon for the rest of their lives without any right to talk to a judge
This week the California State Senate unanimously shot down the federal government’s indefinite detention powers in a 37-0 vote. Lawmakers are refusing to provide material support for the National Defense Authorization Act, and if the measure becomes law it will be difficult for the government to enforce indefinite detention in the state. Tangerine Bolen, founder and director for RevolutionTruth, has more on the NDAA.
Back in September we, somewhat naively, penned “US Totalitarianism Loses Major Battle As Judge Permanently Blocks NDAA’s Military Detention Provision“ in which we said that “in May, U.S. District Judge Katherine Forrest ruled in favor of a temporary injunction blocking the enforcement of the authorization for military detention. Today, the war against the true totalitarian terror won a decisive battle, when in a 112-opinion, Judge Forrest turned the temporary injunction, following an appeal by the totalitarian government from August 6, into a permanent one.” Sadly, the “victory” lasted about 10 months. Today, US totalitarianism wins again.
U.S. APPEALS COURT THROWS OUT PERMANENT INJUNCTION THAT HAD LIMITED U.S.
GOVERNMENT’S USE OF INDEFINITE MILITARY DETENTION — COURT RULING
In other words, every legal decision will be binding… until Obama’s cronies in the 13 circuit courts of the appellate system get a tap on the shoulder. And good luck with the SCOTUS.
And with that, the time to be on the lookout for black helicopters is back.
A federal appeals court on Wednesday lifted a lower court order that would have prevented the U.S. military from indefinitely detaining people believed to have helped al Qaeda or the Taliban.
The 3-0 decision by a panel of the 2nd U.S. Circuit Court of Appeals in New York was a setback for journalists, activists and others who had argued that the law put them in danger of indefinite detention.
It was a victory for the Obama administration, which said the practice is needed to fight terrorism.
In case you missed it, last Thursday our illustrious House of Representatives voted on an amendment that would have blocked the possibility for the President to lock up American citizens without a trial. Unsurprisingly, our so-called “representatives” once again voted against protecting the constitutional rights of the citizenry in the name of the Orwellian, never-ending “war on terror.” If you need a refresher on the NDAA and the authoritarian power it grants the executive branch, I suggest you read one of my most popular posts ever: NDAA: The Most Important Lawsuit in American History that No One is Talking About.
After the amendment’s failure, its sponsor Rep. Adam Smith (D-Wash) correctly called out Republicans for their complete and total hypocrisy when it comes to “big government.” He stated:
“This is a vote against the United States constitution and it is a vote against due process. It is mind-boggling and extremely disappointing that the party who claims to fear big government overreach has voted against an amendment to prevent the government from indefinitely detaining individuals detained on U.S. soil –- including U.S. citizens.”
WASHINGTON — The U.S. House of Representatives voted again Thursday to allow the indefinite military detention of Americans, blocking an amendment that would have barred the possibility.
Supporters of detention argue that the nation needs to be able to arrest and jail suspected terrorists without trial, including Americans on U.S. soil, for as long as there is a war on terror. Their argument won, and the measure was defeated by a vote of 200 to 226.
Are you on the list? Are you one of the millions of Americans that have been designated a threat to national security by the U.S. government? Will you be subject to detention when martial law is imposed during a major national emergency? As you will see below, there is actually a list that contains the names of at least 8 million Americans known as Main Core that the U.S. intelligence community has been compiling since the 1980s. A recent article on Washington’s Blog quoted a couple of old magazine articles that mentioned this program, and I was intrigued because I didn’t know what it was. So I decided to look into Main Core, and what I found out was absolutely stunning – especially in light of what Edward Snowden has just revealed to the world. It turns out that the U.S. government is not just gathering information on all of us. The truth is that the U.S. government has used this information to create a list of threats to national security that the government would potentially watch, question or even detain during a national crisis. If you have ever been publicly critical of the government, there is a very good chance that you are on that list.
In a vote of 37-0 (1 absent), the Michigan Senate joined the growing list of of states and municipalities throughout America in passing their version of the Liberty Preservation Act, released by the Tenth Amendment Center. Senate Bill 94 (SB94) now proceeds to the Michigan State House. State Senator Rick Jones, the bill’s sponsor, and grassroots activists forged the bipartisan alliance against the federal law which applies the law of war and indefinite detention to anyone on U.S. soil.
After the bill’s passage in the Senate, PANDA Michigan’s Dennis Marburger vowed relentless opposition to all federal legislation which subverts the U.S. Constitution, saying:
“The very active and knowledgeable group of Michiganians fighting this egregious Federal overreach will not rest until there is real, tangible and viable state resistance to D.C.’s attempts to deny our rights and threaten our safety – whatever unconstitutional legislation, edict or judicial fiat our government employees use as an excuse.”
The unlawful mandates of the NDAA are sections 1021 and 1022 which allow the arrest, detention and/or transport to foreign prisons of anyone the federal government “suspects” is a terrorist. Those so imprisoned can be denied trial, access to an attorney, and the ability to even advise seomone they have been detained.
The National Defense Authorization Act (NDAA), which was used two years ago to allow the government to indefinitely detain anyone, including U.S. citizens, has been approved again by the U.S. Senate. This time, however, lawmakers had the chance to add protections for Americans accused of terrorist ties, and decided against it.
The controversial NDAA bill, which allows for the indefinite detention of US citizens, was approved by the Senate despite White House threats to veto the legislation. Republican Senator Rand Paul (R-KY) has decried the law as an “abomination.”
The libertarian Republican voiced his concerns to a conference committee following the decision to give the present version of National Defense Authorization Act (NDAA) the go-ahead. Paul cited the committee’s decision to scrap an amendment that would have prohibited the indefinite detention of US citizens suspected of terrorist activities.
“It’s [the amendment] been removed because they want the ability to hold American citizens without trial in our country. This is so fundamentally wrong and goes against everything we stand for as a country that it can’t go unnoticed,” Paul told the committee. He went on to condemn the bill as an “abomination” that deprives US citizens of the right to a fair trial.
“When you’re accused of a crime in our country you get a trial, you get a trial by a jury of your peers, no matter how heinous your crime is, no matter how awful you are, we give you a trial,” he said.
Representative Ron Paul (R-TX) gave the following speech on the floor of the House of Representatives on December 20, 2012.
Mr. Speaker I rise to oppose what will be the final National Defense Authorization Act (NDAA) I will face as a Member of the U.S. House of Representatives. As many of my colleagues are aware, I have always voted against the NDAA regardless of what party controls the House. Far from simply providing an authorization for the money needed to defend this country, which I of course support, this authorization and its many predecessors have long been used to fuel militarization, enrich the military industrial complex, expand our empire overseas, and purchase military and other enormously expensive equipment that we do not need and in large part does not work anyway. They wrap all of this mess up in false patriotism, implying that Members who do not vote for these boondoggles do not love their country.
WASHINGTON — Congress stripped a provision Tuesday from a defense bill that aimed to shield Americans from the possibility of being imprisoned indefinitely without trial by the military. The provision was replaced with a passage that appears to give citizens little protection from indefinite detention.
The amendment to the National Defense Authorization Act of 2013 was added by Sen. Dianne Feinstein (D-Calif.), but there was no similar language in the version of the bill that passed the House, and it was dumped from the final bill released Tuesday after a conference committee from both chambers worked out a unified measure.
On Tuesday, the Senate passed the National Defense Authorization Act, or NDAA, a yearly military spending bill.
Last year, the bill affirmed the U.S.’s authority to hold suspected terrorists indefinitely and without charges. The provision had generated plenty of controversy, particularly about whether U.S. citizens could be detained indefinitely. This year, the Senate bill says that citizens can’t be detained in the U.S. – but concerns remain about the scope of detention powers.
We’ve taken a step back, run through the controversy, and laid out what’s new. Continue reading »
Just after 5:00 p.m. Tuesday, the Senate did it again. By a vote of 98-0 (two senators abstained) lawmakers in the upper chamber approved the Fiscal Year 2013 National Defense Authorization Act (NDAA). Not a single senator objected to the passage once again of a law that purports to permit the president, supported by nothing more substantial than his own belief that the suspect poses a threat to national security, to deploy the U.S. military to arrest an American living in America.
As The New American reported, an amendment to the 2013 version of the defense spending bill passed by the Senate clarified the right to trial of “citizens and permanent legal residents” detained under the relevant sections of the revamped measure.
The amendment, known as the Feinstein-Lee Amendment, was cosponsored by Dianne Feinstein (D-Calif.), Mike Lee (R-Utah), and Rand Paul (R-Ky.). In an interview Tuesday with The New American, spokesmen for Lee and Paul admitted that the amendment did not go far enough in the defense of due process, but said it was a step in the right direction.
“Colored by our experience with the due process amendment to the NDAA we offered in 2012, we knew that we would have nowhere near the number of votes needed to pass an amendment that guaranteed due process for all persons detained under the NDAA,” explained Doug Stafford, chief of staff for Rand Paul.
At first glance it looked like the 2013 version National Defense Authorization Act (NDAA) did more to protect Americans against indefinite detention. We and several other news organizations reported as much yesterday.But on closer examination the new NDAA actually makes it EASIER to detain citizens indefinitely.
By now anyone who pays attention to politics knows that the National Defense Authorization Act (NDAA) of 2012 contained a provision that allows for the indefinite detention of U.S. citizens without charge or trial.
Section 1021 of the 2012 NDAA states that anyone suspected of being involved in terrorism or “belligerent acts” against the U.S. can be detained by the military under the so-called Authorization for Use of Military Force, including American citizens.
In other words, the war on terror has been officially declared on U.S. soil and everyone is now considered a potential combatant in this war. Continue reading »
“I do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic…”
So begins the Oath of Enlistment for the U.S. military, but in an explosive interview with a National Guard whistleblower shown below, soldiers are now being advised they will be ordered to break that oath should civil unrest erupt across the country.
Referred to only as “Soldier X” under promise of anonymity, an Army National Guardsman spoke via phone with Infowars Nightly News Producer Rob Dew regarding a recent briefing his unit underwent on actions the military would take in the event that an Obama election loss sparked rioting in America’s streets.
The soldiers were reportedly told “Doomsday preppers will be treated as terrorists.”
In addition, guns will be confiscated.
“They have a list compiled of all these doomsday preppers that have gone public and they plan to go after them first,” Soldier X said. He claimed those in charge are acting under the belief that preppers will be “the worst part” of any potential civil unrest.
Soldier X was also told that any soldiers in the ranks who are known as preppers will be deemed “defects.” He explained the label meant these soldiers would be treated as traitors. “If you don’t conform, they will get rid of you,” he added.
Unit members also warned not to associate with any fellow soldiers who are preppers. Continue reading »
Wade Hicks was en route to a US Navy base in Japan to see his wife when armed military guards informed him that they had other plans. Hicks, an American citizen with no criminal record, had just been put added to a federal no-fly list.
After being escorted off his plane during a routine re-fueling stop on the Pacific Island of Oahu, Hicks, 34, was left stranded in Hawaii this week. In an interview, he suggests that his opposition to a newly-created law that allows for the indefinite detention of US citizens at military prisons without charge or trial could be to blame for his mistreatment.
“I was very, very vocal about the National Defense Authorization Act (NDAA) and I did contact my representative” about it, Hicks tells talk show host Doug Hagmann. “I do believe that this is tied in some way to my free speech and my political view.”
But nationally-recognized constitutional law expert Jonathan Turley (the second most cited law professor in the country, one of the top 10 lawyers handling military cases, who has served as a consultant on homeland security and constitutional issues and is a frequent witness before the House and Senate on constitutional and statutory issues, who ranked 38th in the top 100 most cited ‘public intellectuals’ in a recent study by a well-known judge) said yesterday on C-Span (starting at 15:50):
It’s even worse than coming into your house. President Obama has just stated a policy that he can have any American citizen killed without any charge, without any review, except his own. If he’s satisfied that you are a terrorist, he says that he can kill you anywhere in the world including in the United States.
Two of his aides just were just at a panel two weeks ago and they reaffirmed they believe that American citizens can be killed on the order of the President anywhere including the United States.
You’ve now got a president who says that he can kill you on his own discretion. He can jail you indefinitely on his own discretion
“An evil exists that threatens every man, woman, and child of this great nation. We must take steps to insure our domestic security and protect our homeland.” – Adolf Hitler, proposing the creation of the Gestapo in Nazi Germany
Just over a week ago, we wrote of the challenge to Obama’s NDAA totalitarian bill. Hope remained that Chris Hedges’ view of the indefinite detention as “unforgivable, unconstitutional, and exceedingly dangerous” would bolster judgment. However, as Russia Today reports, a lone appeals judge bowed down to the Obama administration late Monday and reauthorized the White House’s ability to indefinitely detain American citizens without charge or due process. On Monday, the US Justice Department asked for an emergency stay on the previous Chris Hedges’-driven order, and hours later US Court of Appeals for the Second Circuit Judge Raymond Lohier agreed to intervene and place a hold on the injunction. The stay will remain in effect until at least September 28, when a three-judge appeals court panel is expected to begin addressing the issue. It would appear the total fascist takeover of Amerika is drawing nearer by the day.
What is ironic, is that in the ongoing absolute farce that is the theatrical presidential debate, there hasn’t been one word uttered discussing precisely the kind of creeping totalitarian control, and Orwellian loss of constitutional rights, that the biparty-supported NDAA would have demanded out of the US republic. Why? Chris Hedges said it best:
The oddest part of this legislation is that the FBI, the CIA, the director of national intelligence, the Pentagon and the attorney general didn’t support it. FBI Director Robert Mueller said he feared the bill would actually impede the bureau’s ability to investigate terrorism because it would be harder to win cooperation from suspects held by the military. “The possibility looms that we will lose opportunities to obtain cooperation from the persons in the past that we’ve been fairly successful in gaining,” he told Congress.
But it passed anyway. And I suspect it passed because the corporations, seeing the unrest in the streets, knowing that things are about to get much worse, worrying that the Occupy movement will expand, do not trust the police to protect them. They want to be able to call in the Army. And now they can.
The Obama administration had some harsh words Friday after a federal judge appointed by Obama said the government doesn’t have a right to indefinitely detain anyone even remotely associated with terrorist groups.Judge Katherine B. Forrest permanently blocked the government from enforcing the National Defense Authorization Act, claiming it was too vague and would have a “chilling effect” on free speech.
And now the Department of Justice is calling Forrest’s ruling “unprecedented,” arguing that the government has long had the authority to detain anyone it deems a threat to the county, The Wall Street Journal’s Law Blog reported Friday.
And on Monday, the Justice Department asked the U.S. Second Circuit Court of Appeals to put the ruling on hold, according to Law Blog.
A lone appeals judge bowed down to the Obama administration late Monday and reauthorized the White House’s ability to indefinitely detain American citizens without charge or due process.
Last week, a federal judge ruled that an temporary injunction on section 1021 of the National Defense Authorization Act for Fiscal Year 2012 must be made permanent, essentially barring the White House from ever enforcing a clause in the NDAA that can let them put any US citizen behind bars indefinitely over mere allegations of terrorist associations. On Monday, the US Justice Department asked for an emergency stay on that order, and hours later US Court of Appeals for the Second Circuit Judge Raymond Lohier agreed to intervene and place a hold on the injunction.
The stay will remain in effect until at least September 28, when a three-judge appeals court panel is expected to begin addressing the issue.
On December 31, 2011, US President Barack Obama signed the NDAA into law, even though he insisted on accompanying that authorization with a statement explaining his hesitance to essentially eliminate habeas corpus for the American people. Continue reading »
The White House has asked the US Second Circuit Court of Appeals to place an emergency stay on a ruling made last week by a federal judge so that the president’s power to indefinitely detain Americans without charge is reaffirmed immediately.
On Wednesday, September 12, US District Court Judge Katherine Forrest made permanent a temporary injunction she issued in May that bars the federal government from abiding by the indefinite detention provision in the National Defense Authorization Act for Fiscal Year 2012, or NDAA. Judge Forrest ruled that a clause that gives the government the power to arrest US citizens suspected of maintaining alliances with terrorists and hold them without due process violated the Constitution and that the White House would be stripped of that ability immediately.
Only hours after Judge Forrest issued last week’s ruling, the Obama administration threatened to appeal the decision, and on Monday morning they followed through.
At around 9 a.m. Monday, September 17, the White House filed an emergency stay in federal appeals court in an effort to have the Second Circuit strip away Judge Forrest’s ruling from the week earlier.
“Almost immediately after Judge Forrest ruled, the Obama administration challenged the decision,” writes Chris Hedges, a Pulitzer Prize-winning journalist that is listed as the lead plaintiff in the case. According to Hedges, the government called Judge Forrest’s most recent ruling an “extraordinary injunction of worldwide scope,” and Executive Branch attorneys worked into the weekend to find a way to file their stay.
“The Justice Department sent a letter to Forrest and the Second Circuit late Friday night informing them that at 9 a.m. Monday the Obama administration would ask the Second Circuit for an emergency stay that would lift Forrest’s injunction,” Hedges writes. “This would allow Obama to continue to operate with indefinite detention authority until a formal appeal was heard. The government’s decision has triggered a constitutional showdown between the president and the judiciary.”
Attorney Carl Mayer, a counsel for Hedges and his co-plaintiffs, confirmed to RT early Monday that the stay was in fact filed with the Second Circuit.
“This may be the most significant constitutional standoff since the Pentagon Papers case,” Carl Mayer says in a separate statement posted on Mr. Hedge’s blog.
Rand Paul just endorsed a man who is deeply hostile to human liberty.
Perhaps that’s Rand’s idea of playing politics? Come to the table, strike a deal, get what you can. Trouble is, it’s tough striking a good deal when the guy on the other side of the table believes that the government should be allowed to claim — without having to produce any evidence whatsoever — that certain people are terrorists, and therefore should be detained indefinitely without any kind of due process.
That’s textbook tyranny.
Yes, I would have [signed the NDAA]. And I do believe that it is appropriate to have in our nation the capacity to detain people who are threats to this country, who are members of al Qaeda. Look, you have every right in this country to protest and to express your views on a wide range of issues but you don’t have a right to join a group that has killed Americans, and has declared war against America. That’s treason. In this country we have a right to take those people and put them in jail. If I were president I would not abuse this power. But people who join al Qaeda are not entitled to rights of due process under our normal legal code. They are entitled instead to be treated as enemy combatants.Mitt Romney
Except, if the government had any evidence they were really members of al-Qaeda and engaged in a war against America they could be charged with offenses under current laws and tried in front of a jury of their peers. As was proven when Judge Katherine Forrest struck down the indefinite detention provision of the NDAA as unconstitutional, the real detention targets are people like the ones who brought the case — writers, investigative journalist and whistleblowers: people like Chris Hedges, Noam Chomsky, Daniel Ellsberg, Jennifer Bolen, and Birgitta Jonsdottir. Continue reading »
As the sovereign debt crisis in Europe dominates media coverage of both financial and main street news, Washington’s deliberate cover up of a far more serious threat to the global economy stemming from the continuing crisis at Japan’s Fukushima nuclear power plant (beginning on Mar. 11, 2011) is now seeping out more rapidly from sources outside the captured and complicit mainstream news outlets.“You can’t stop the truth from leaking out about Fukushima, and [President] Obama actually came out with a statement at the start of this disaster and said that their nuclear experts did not feel that harmful levels of radiation would reach our shores,” Nuked Radio host Christina Consolo told TruNews.
Due to increasing reports of nuclear contamination found in pollen across the U.S. West Coast, babies with elevated becquerel levels of nearly 10 times normal (presumably from mother’s milk), and a statistically unusual number of children with flu-like symptoms who won’t respond to conventional medical protocol, the truth about Fukushima could easily break out into a national panic significant enough to trigger an economic collapse of the U.S. economy and dollar, according to Consolo.
That’s “what we found from Freedom of Information Act requests . . . transmissions between the U.S. government, the Chinese, the Russians and the Japanese from the beginning of the disaster until now, and that includes NRC (National Regulatory Commission) transcripts of phone calls,” Consolo explained.
“They were well aware of high the levels were, and that they were coming over here,” she added. “In fact, infants in California were exposed to 40,000 becquerels (symbol Bq: the human body has 4,400 Bq, on average, from decaying potassium) of iodine 131—that causes thyroid cancer—from Mar. 17 to the beginning of April.”