Indefinite Detention: Political Washington Abolishes Due Process Protections
2011 12 19

By Stephen Lendman | GlobalResearch.ca

Human misery is growing. So is public anger. Rage across America and Europe reflect it. Gerald Celente explains the stakes, saying:

"When people lose everything and have nothing else to lose, they lose it."


Image: Source


Draconian police state provisions were enacted to contain them. Hundreds of secret Federal Emergency Management Agency (FEMA) camps may hold them. Martial law may authorize it, claiming "catastrophic emergency" conditions. Senators blew their cover calling America a "battleground."

During WW II, loyal Japanese Americans were lawlessly detained. Today, social justice protesters and others wanting change are at risk. Political Washington’s targeting them to assure business as usual continues. Obama’s fully on board.

On December 14, the House passed the FY 2012 National Defense Authorization Act (NDAA). On December 15, the Senate followed suit - ironically on Bill of Rights Day.

Obama will sign it into law. The measure ends constitutional protections for everyone, including US citizens. Specifically it targets due process and law enforcement powers.

With or without evidence, on issues of alleged terrorist connections posing national security threats, the Pentagon now supplants civilian authorities. It’s well beyond its mandate.

Militaries exist to protect nations from foreign threats. Its Uniform Code of Military Justice (UCMJ) applies solely to its own personnel as authorized under the Constitution’s Article I, Section 8, stating:

"The Congress shall have Power....To make Rules for the Government and Regulation of the land and naval forces."

In America, state and local police, the Justice Department and FBI are responsible for criminal investigations and prosecutions. No longer on matters relating to alleged national security concerns.

Henceforth, America’s military may arrest and indefinitely detain anyone anywhere, including US citizens, based on suspicions, spurious allegations, or none at all if presidents so order dictatorially.

Law Professor Jonathan Turley expressed outrage, saying:

"I am not sure which is worse: the loss of core civil liberties or the almost mocking post hoc rationalization for abandoning principle. The Congress and the President have now completed a law that would have horrified the Framers."

"Indefinite detention of citizens is something (they) were intimately familiar with and expressly sought to bar in the Bill of Rights."

Other legal scholars agree about all alleged criminals having habeas, due process, and other legal rights in duly established civil courts.

Military tribunals are constitutionally illegal. Since June 2004, America’s (conservative) High Court made three landmark rulings.

In Rasul v. Bush (June 2004), the Court granted Guantanamo detainees habeas rights to challenge their detentions in civil court. Congress responded with the 2005 Detainee Treatment Act (DTA), subverting the ruling.

In Hamdan v. Rumsfeld, the Supreme Court held that federal courts retain jurisdiction over habeas cases. It said Guantanamo Bay military commissions lack "the power to proceed because (their) structures and procedures violate both the Uniform Code of Military Justice and the four Geneva Conventions (of) 1949."

In October 2006, Congress responded a second time. It enacted the Military Commissions Act (MCA). It subverted the High Court ruling in more extreme form.

Undermining fundamental rule of law principles, it gave the administration extraordinary unconstitutional powers to detain, interrogate, torture and prosecute alleged terrorist suspects, enemy combatants, or anyone claimed to support them.

It lets presidents designate anyone anywhere in the world (including US citizens) an "unlawful enemy combatant" and empowers him to arrest and detain them indefinitely in military prisons.

The law states: "no (civil) court, justice, or judge shall have jurisdiction to hear or consider any claim or cause for action whatsoever....relating to the prosecution, trial or judgment of....military commission(s)....including challenges to (their) lawfulness...."

On June 12, 2008, the High Court again disagreed. In Boumediene v. Bush, it ruled that Guantanamo detainees retain habeas rights. MCA unconstitutionally subverts them. As a result, the administration has no legal authority to deny them due process in civil courts or act as accuser, trial judge and executioner with no right of appeal or chance for judicial fairness.

Nonetheless, Section 2031 of the FY 2010 NDAA contained the 2009 Military Commissions Act (MCA). The phrase "unprivileged enemy belligerent" replaced "unlawful enemy combatant." Language changed but not intent or lawlessness to assume police state powers.

[...]


Read the full article at: globalresearch.ca





Related Articles
40 Members of Congress Protest U.S. ‘Indefinite Detention’ Bill
’ Indefinite Detention’ Bill Passes Senate 93-7
Rachel Maddow: Indefinite detention? Shame on you... President Obama (Video) (2009)
From 9/11 To World War III:Towards The Construction of A Global Fascist State
High Fascism


Latest News from our Front Page

STAGED INFECTION: Has The Ebola ‘Outbreak’ Narrative Fallen Apart?
2014 10 22
Over the past month, the ‘pandemic’ propaganda surrounding the deadly Ebola virus seemed to reach vitriolic levels – raising serious questions about the validity of this current viral outbreak… On Monday of this week, it was reported that 48 people were released and cleared after a 21-day quarantine due to their contact with the now deceased Ebola-stricken patient Thomas Eric ...
6,000-Year-Old Temple with Possible Sacrificial Altars Discovered
2014 10 21
A 6,000-year-old temple holding humanlike figurines and sacrificed animal remains has been discovered within a massive prehistoric settlement in Ukraine. Built before writing was invented, the temple is about 60 by 20 meters (197 by 66 feet) in size. It was a "two-story building made of wood and clay surrounded by a galleried courtyard," the upper floor divided into five ...
What happened to Journalist Serena Shim? Assassinated? Find out what happened to Serena, Press TV director calls on Turkey
2014 10 21
Press TV news director Hamid Reza Emadi says the “suspicious death,” of the news channel’s correspondent in Turkey is a tragedy for “anyone who wants to get the truth.” Emadi made the remarks in an interview with Press TV on Sunday following Serena Shim’s death across the border from Syria’s Kurdish city of Kobani, where the ISIL terrorists and Kurdish fighters ...
Ancient Roman Nanotechnology Inspires Next-Generation Holograms for Information Storage
2014 10 21
The Lycurgus Cup, as it is known due to its depiction of a scene involving King Lycurgus of Thrace, is a 1,600-year-old jade green Roman chalice that changes colour depending on the direction of the light upon it. It baffled scientists ever since the glass chalice was acquired by the British Museum in the 1950s, as they could not work ...
Rapid Geomagnetic Reversal Possibility: Confirmed
2014 10 21
From the video: "The scientists who conducted the study are still unsure why the magnetic field is weakening, but one likely reason is the Earth’s magnetic poles are getting ready to flip, said Rune Floberghagen, the ESA’s Swarm mission manager. In fact, the data suggest magnetic north is moving toward Siberia." Tune into Red Ice Radio: Ben Davidson - Suspicious0bservers: Space Weather ...
More News »