Indefinite Detention: Political Washington Abolishes Due Process Protections
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."
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 Washingtonís targeting them to assure business as usual continues. Obamaís 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. Itís 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 Constitutionís 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, Americaís 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, Americaís (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
40 Members of Congress Protest U.S. ĎIndefinite Detentioní Bill
í Indefinite Detentioní 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
Latest News from our Front Page
Better Identification of Viking Corpses Reveals: Half of the Warriors Were Female
Shieldmaidens are not a myth! A recent archaeological discovery has shattered the stereotype of exclusively male Viking warriors sailing out to war while their long-suffering wives wait at home with baby Vikings. (We knew it! We always knew it.) Plus, some other findings are challenging that whole ‚Äúrape and pillage‚ÄĚ thing, too.
Researchers at the University of Western Australia decided ...
Off Your Knees, Germany! Ernst Zundel 1983 - 2003
For more information on the holocaust, how the war was forced upon Germany, and the REAL victims of the second world war see:
IRS Drops Attack For Six Years ‚Äď No Evidence of Jurisdiction
A big congrats to a friend I‚Äôve been working with for several years, he stood up to the predators commonly called the ‚ÄúIRS‚ÄĚ and they dropped their attack. Thanks also for providing me with the proof below.
The criminals called the ‚ÄúIRS‚ÄĚ initiated an attack claiming my friend was required to file six tax returns, or explain how he made ...
Into Eternity - Finland's 100,000 Year Massive Underground Spent Nuclear Fuel Program
Into Eternity is a documentary about a deep geological repository for nuclear waste. The concept of long-term underground storage for radioactive waste has been explored since the 1950s. The inner part of the Russian doll-like storage canisters is to be composed of copper. Hence in the case of Onkalo it is tightly linked to experiments on copper corrosion in running ...
SPLC Accuses Oath Keepers of Inciting ‚ÄúArmed Confrontation‚ÄĚ Over Sugar Pine Mine
The Southern Poverty Law Center has accused Oath Keepers of inciting an armed confrontation with BLM authorities over the Sugar Pine Mine dispute in Oregon, despite the fact that the organization has explicitly stated that it is not promoting armed confrontation with the feds.
In an article provocatively posted on the organization‚Äôs ‚ÄėHatewatch‚Äô section entitled Oath Keepers Descend Upon Oregon with ...
|More News » |