Archive for January, 2012
Demonstration Against National Defense Authorization Act.
Those who oppose The National Defense Authorization Act. which authorizes the military to arrest, detain without trial, and deport to Cuba American citizens without benefit of Bill of Rights protection are encouraged to participate in a national demonstration in front of the offices of those U.S. Senators or Congressmen voting in favor of it encouraging them to rescind their vote. Learn more, see website below, about this demonstration Friday, Feb. 3 between Noon and 7:00 p.m. If unable to attend at least phone. If they voted against it thank them. Unfortunately Kevin McCarthy, my Congressman voted for it. His district office is 4100 Empire Dr Ste 150, Bakersfield, CA 93309. His local telephone number is 661-327-3611 and his Washington DC office is 202-225-2915. It’s about saving the Bill of Rights my friends.
http://www.govtrack.us/congress/vote.xpd?vote=h2011-932
New Bill Damages Bill of Rights and Could Target Americans for Military Detention
By Dr. Harold Pease
Civil libertarians and constitutional buffs are angrier with the Federal Government now than at any time since the Bush Patriot Act was pushed onto the American people ten years ago. Buried deep within the over 600 page, $662 billion National Defense Authorization Act is language that “would require the military to hold suspected terrorists linked to Al Qaeda or its affiliates, even those captured on U. S. soil indefinitely” and without trial, on the say so of the military through the President alone. Moreover, even Americans could be removed to Guantanamo Bay, Cuba against their will and deprived of their constitutional rights.
The fury has to do with U.S. citizenship. Originally Senators Carl Levin and John McCain, who sponsored the bill, did not exempt U.S. citizens—a serious omission which dumps sizable portions of Amendments 4, 5, 6 and 8 of the Bill of Rights. Senators Rand Paul, Dianne Feinstein and others demanding a citizen exclusion proposed amendments to do so, all of which were rejected. Senator Feinstein noted that her goal “was to ensure the military won’t be roaming our streets looking for suspected terrorists.” The Posse Comitatus Act of 1878, following the Civil War, forbade the U.S. military from performing law enforcement functions on American soil. The American Civil Liberties Union was also blunt. “Since the bill puts military detention authority on steroids and makes it permanent, American citizens and others are at greater risk of being locked away by the military without charge or trial if this bill becomes law.” When asked if it were possible for an American to be shipped to Guantanamo Bay, John McCain, a co-author of the bill, said yes. Senator Lindsey Long was more blunt. “When they say, ‘I want my lawyer,’ you tell them, ‘Shut up. You don’t get a lawyer.’”
Newt Gingrich Should Not Expect Tea Party Patriot Support
By Dr. Harold Pease
With Tea Party Patriot Presidential Candidates Michelle Bachmann and Rick Perry out of the race and the Patriots running from Mitt Romney, can Newt Gingrich appeal to them? Despite his initial support for the movement, even speaking at a Tea Party rally in New York in 2009, where he threatened to fire big-spending legislators if they did not straighten up, his baggage says “never!!”
The core values of the Tea Party Patriot Movement are fiscal responsibility, limited Constitutional government and the free market. So how has Newt fared on Tea Party priorities? His past shows clearly a preference for bigger government in all problem solutions as has his predecessors’ both Republican and Democrat. Virtually all Gingrich solutions to the following problem areas are national—never county or state: education, welfare, homeland security, law enforcement, and energy. Of course, despite the rhetoric to fire big-spenders, each of the above must be funded. His vote to create the federal Department of Education is a case in point. Most in the profession of teaching are unable to identify anything for which the thousands of bureaucrats therein employed have accomplished. Most see it as wasteful spending and thus fiscally irresponsible. Nor has he recommended its abolition were he president.
Republican Presidential Candidates Divide on Freedom Issue
By Dr. Harold Pease
The Republican Presidential Debate held in Myrtle Beach, South Carolina finally brought to light a real divide, other than on Iran, between the candidates. The issue was The National Defense Authorization Act, signed into law by President Barack Obama December 31, 2011, with Ron Paul and Rick Santorum viewing it as a threat to civil liberty and unconstitutional and Mitt Romney decidedly supporting it. Neither Rick Perry nor Newt Gingrich was asked to give their view. I could find nothing in print revealing a position for either on the extremely controversial law. This is very unfortunate as Sections 1031 and 1032 authorize the military to arrest and indefinitely detain U.S. citizens without charge or trial—even on U.S. soil. Since either could be the one exercising this power we should know where they stand.
Popularly referred to as the “indefinite detention act” the new law authorizes the military to arrest citizens suspected of being terrorists on the say-so of the president or the military alone. No real proof needed. It voids the Posse Comitatus Act of 1878 prohibiting the military any law enforcement authority on U.S. soil and voids much of the Bill of Rights as well. Americans now can be extradited to Guantanamo without benefit of trial, judge, or jury and held indefinitely—even tortured (see Section 1068). Activists on both the left and right vehemently oppose it, the one believing that it could eventually be twisted to apply to Occupy Wall Street participants and the other Tea Party participants. Each group has been referred to as terrorists by their enemies.
Just Signed Law Obliterates Large Portions of The Bill of Rights
Dr. Harold Pease
The Republican Presidential Primaries have obscured the President’s late December signing of the most damaging law to the Bill of Rights in my lifetime. Known as the National Defense Authorization Act the over 600 page, $662 billion law “would require the military to hold suspected terrorists linked to Al Qaeda or its affiliates, even those captured on U. S. soil, indefinitely” and without trial, on the say so of the military through the President alone. Moreover, even U.S. citizens could be removed to Guantanamo Bay, Cuba against their will and deprived of their constitutional rights. In my commentary on this law in early December (see “New Bill Damages Bill of Rights and Could Target Americans for Military Detention,” LibertyUnderFire.org), I noted that the law gave no protection from a revolving definition of terrorism to anti-government, perhaps even Tea Partiers or Occupy Wall Street folks.
The threat of potential incarceration without recourse to a lawyer, judge and trial is very serious. The military performing police duty, heretofore rendered by civil authorities, is unconscionable in a free society. Our only hope was a promised Presidential veto which did not happen. Therefore, what follows are details on how the new law emasculates the Writ of Habeas Corpus in the U.S. Constitution and Amendments 4, 5, 6 and 8 of the Bill of Rights.