Saturday 17 December 2011

by: Ralph Lopez, War Is a Crime

[…]

The AP reported this Wednesdaywhen the House passed the final House-Senate Conference Committee version of the NDAA:

Specifically, the bill would require that the military take custody of a suspect deemed to be a member of al-Qaida or its affiliates and who is involved in plotting or committing attacks on the United States. There is an exemption for U.S. citizens.

As has been pointed out repeatedly by civil libertarians, the cunning language is technically correct, because “require” is different than “allow,” but although the bill does not “require” the executive branch to place American citizens in military detention without charge or trial for life, it does indeed “allow” it.

Although Sections 1031 and 1032 were renumbered 1021 and 1022 in the Conference Committee (makes it harder to Google) the substance is still intact.  The US military can bust down your door at any time, given the proper go ahead by the executive branch, take you away, never charge you with a crime, never give you a trial, and lock you up, torture you, or even kill you.  There is a bit of new razzle-dazzle in the new Section 1021 language now stating:

“Nothing in this section shall be construed to affect existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States.”

The problem is that “existing law,” as the traitor occupying the senate seat for the Great State of South Carolina, Lindsey Graham, reiterated, is the Fourth Circuit Appeals Court ruling in Padilla v. Rumsfeld, which temporarily upheld Bush’s authority to hold American citizen Jose Padilla without charge or trial, as an “enemy combatant,” even though he was arrested on US soil with the full rights of an American-born citizen.  Judge Michael Luttig in that decision fully expected the question to go before the Supreme Court, before Bush pulled a fast one and said suddenly that Padilla could have a civilian trial after being held in isolation and torturedfor 3 1/2 years.  That made Luttig go ballistic.  Now he was the last guy to have overturned the Bill of Rights.

In a Washington Post report “Judge Luttig Slams Bush Administration in Padilla Case” the Post (reposted in the Legal Reader)said:

The appeals court opinion reflected a tone of anger that is rare for a federal court addressing the United States government, particularly in a matter of presidential authority.

A Stanford Law School website notes:

Luttig said the government’s actions created the appearance “that the government may be attempting to avoid” Supreme Court review in a matter of “especial national importance.”

So bottom line, yes, this still means you.

[…]

Thomas Jefferson said:

“I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.”

By violating their Oath to protect and defend the United States Constitution, these senators have made themselves “domestic enemies” of the Constitution. This is Day One of the Overthrow, which we shall fight, and Day One of the Media Silence. As Anonymous says, war has been declared on the American people.  It is appropriate to always end with the list of those who betrayed us December 15, Bill of Rights Day, a day of infamy.   These are the names, and their names are Treason.  And this includes Obama who signed it.

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