By Michael Webster: Syndicated Investigative Reporter. op/ed
The Fifth Amendment to the Constitution states that the government may not take the life, liberty or property of any person without due process.
The United States is no longer the shining light leading the rest of the world in regards to freedom and liberty. The President signed into law the National Defense Authorization Act (NDAA) under the radar late on New Years Eve of 2011. The new law takes away American basic constitutional rights.
The new law now in effect robs all Americans of our due process of law which nullifies many principles and rights afforded all Americans in our Constitution and Bill of rights guaranteed by our founding Fathers. These rights were given to us by our founding fathers and many Americans have given there lives to protect these basic and fundamental rights. 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 on American soil anywhere in the United States.
Americans can be arrested and taken to jail without the right of a phone call, right to a lawyer, and without being charged with any crime of any kind.
With this new law in place law enforcement can break down your door at your home without warrant and take you and any member of your family into custody. Wisk you off to jail without any charge. Imprison you in a foreign country and keep you locked up forever. Totally without any due process what so ever. The US government by this law is granted the powers to not only indefinitely detain and torture American citizens without charge, essentially creating Guantanamo Prison-style detention possibilities for anyone deemed a threat by American authorities. This can now be done by the U.S. military violating the U.S. constitution and Posse Comitatus Act.
This new law explicitly creates a police state in America The NDAA, passed by the senate by a vote of 93 to 7, virtually stated that all of the United States may be considered a battlefield, and therefore the American military is permitted to indefinitely detain any American perceived to be a threat. This law Strips away any rights the American people thought they had including but not limited to free speech, free press, free access to information and the right to protest, assemble and bear arms.
According to sections 1031 and 1032 of the NDAA will:
1) Explicitly authorize the federal government to indefinitely imprison without charge or trial American citizens and others picked up inside and outside the United States;
(2) Mandate military detention of some civilians who would otherwise be outside of military control, including civilians picked up within the United States itself; and
(3) Transfer to the Department of Defense core prosecutorial, investigative, law enforcement, penal, and custodial authority and responsibility that was in the law held by the Department of Justice.
A provision of NDAA S. 1867, this new law, written by Senators John McCain and Carl Levin, declares American soil a battlefield and allows the President and all future Chief Executives to order the military to arrest and detain American citizens, innocent or not, without charge or trial. In other words, this law gives the President the authority to have protesters or any American could end up arrested and indefinitely locked up by the military without the guaranteed right to due process or a speedy trial. This isn't a totally new thing: "dirty bomb" plotter Jose Padilla spent three-and-a-half years as an "enemy combatant" until he was finally charged. But Padilla's detention was unusual and sparked a huge outcry; the new provisions would standardize his treatment and enable us all to become Jose Padillas.
The law also provides for greater cyber-security collaboration between the Department of Defense and the Department of Homeland Security. In other words, not only is all of the United States a battlefield, but so is the Internet.
Those that voted for the act indicated it was needed to fight terrorist.
James Madison, father of the Constitution warned, “The means of defense against foreign danger historically become instruments of tyranny at home”…. During war, there has always been a struggle to preserve constitutional liberties…. Rights given up now cannot be expected to be returned, so we do well to contemplate the diminishment of due process knowing that the rights we lose now may never be restored.
With this law, Americans faced a blow to their constitutional rights because the NDAA, as observed by Republican Congressman Justin Amash, allows the executive branch the power to determine who is a terrorist, whether they are a U.S. citizen or not. And without clarity on the language, that threat remains in place. “Note that [the provision] does not preclude U.S. citizens from being detained indefinitely, without charge or trial, it simply makes such detention discretionary,”
Amash wrote on his Facebook page.
The bill had the support of both Senate Republicans as well as some Democrats. In support of this bill, Sen. Lindsey Graham (R-S.C.) explained that the bill would “basically say in law for the first time that the homeland is part of the battlefield” and people can be imprisoned without charge or trial “American citizen or not.”
“It is not unfair to make an American citizen account for the fact that they decided to help al Qaeda to kill us all and hold them as long as it takes to find intelligence about what may be coming next. And when they say, ‘I want my lawyer,’ you tell them, ‘Shut up. You don’t get a lawyer,’” Graham said.
The original NDAA bill was passed in the Republican-controlled House of Representatives by a 322-96 vote.
The American Civil Liberties Union says the law gives too much power to the president. “The law is an historic threat to American citizens and others because it expands and makes permanent the authority of the president to order the military to imprison without charge or trial American citizens,” said ACLU senior legislative counsel Christopher Anders in a statement.
“The statute is particularly dangerous because it has no temporal or geographic limitations, and can be used by Obama and future US presidents to militarily detain people captured far from any battlefield,” stresses American Civil Liberties Union (ACLU) Executive Director Anthony Romero of the dangerous realities promised under NDAA. Even if Barack Obama claims he will not abide by the powers he has now been bestowed with under the legislation, Romero says that US President Obama “will forever be known as the president who signed indefinite detention without charge or trial into law.”
Activists against the legislation have rallied in opposition since it first moved through Congress. This act was virally not covered by the main stream press. Following Obama’s New Year’s Eve signing, however, Since 9/11, we have created the very government the framers feared: a government with sweeping and largely unchecked powers resting on the hope that they will be used wisely.widespread disbelief and concern has only increased and now Anonymous is urging Americans to take it to the streets before Congress begins to act on the damning bill.
Prof Turley writes: Since 9/11, we have created the very government the framers feared: a government with sweeping and largely unchecked powers resting on the hope that they will be used wisely..
Now for the good news: Greenwald at Salon says none of this indefinite detention without a lawyer stuff changes the status quo that much. It only codifies what's already been happening in the U.S. for the past few years. So you've been living under these conditions for a while now, but look—you're still not in jail. Just be more careful about what sorts of opinions on the government you post on Twitter, and don't say anything nice about Al Qaeda, and you'll be fine. See related articles by Googling: Prof. Jonathan Turley: 10 Reasons the U.S. is no Longer the Land of ... Patriot Act unconstitutional... Restore Habeas Corpus
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Michael Webster’s Syndicated Investigative Reports have been read worldwide, in 100 or more U.S. outlets and in at least 136 countries and territories. He publishes articles in association with global news agencies and media information services with more than 350 news affiliates in 136 countries. Many of Mr. Webster’s articles are printed in six working languages: English, French, Arabic, Chinese, Russian and Spanish. With ten more languages planed in the near future.
Mr. Webster is America's leading authority on Venture Capital/Equity Funding. He served as a trustee on some of the nation’s largest trade Union funds. A noted Author, Lecturer, Educator, Emergency Manager, Counter-Terrorist, War on Drugs and War on Terrorist Specialist, Business Consultant, Newspaper Publisher. Radio News caster. Labor Law generalist, Teamster Union Business Agent, General Organizer, Union Rank and File Member Grievances Representative, NLRB Union Representative, Union Contract Negotiator, Workers Compensation Appeals Board Hearing Representative. Mr. Webster represented management on that side of the table as the former Director of Federated of Nevada. Mr. Webster publishes on-line newspapers atwww.lagunajournal.com and www.usborderfirereport.com and does investigative reports for print, electronic and on-line News Agencies. All of Mr. Webster's articles, books/CD's can be read or downloaded free. Mr. Webster is a FOUR STAR GENERAL WITH THE UNITED STATES CIVIL DEFENSE ASSOC. at:http://www.lagunajournal.com/michael_webster.htm or MICHAEL WEBSTER'S OTHER WRITINGS Contact e-mail: firstname.lastname@example.org
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