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In reply to the discussion: STOCK MARKET WATCH, Wednesday, December 14, 2011 [View all]Demeter
(85,373 posts)77. Must we Permit the US Military to Detain Americans Without Trial?
http://www.informationclearinghouse.info/article29953.htm
This (language of the bill) implies that a naturalised American citizen could be exiled to their country of origin, even if it endangers their life. It also implies that an American citizen born in the US could be transferred to another "foreign entity"... No one is quite sure, but an "entity" akin to the new mercenary company in Abu Dhabi run by Erik Prince, former CEO of Blackwater, cannot be ruled out...There is confusion as to whether the NDAA applies to US citizens; but Section 1031 of the bill does indeed authorise indefinite military detention, without trial, of US citizens accused not yet proven guilty, just accused of terrorist acts. This was clarified in the following exchange on the floor of the Senate:
Section 1032 of the bill would require mandatory military custody of someone accused of being affiliated with al-Qaida or plotting attacks against the US; American citizens would be exempt from this specific measure. Aside from the unabashed disregard for civil liberties, placing the burden of detention and trial upon the military, rather than civilian law enforcement, diminishes and delegitimises the FBI's role in counter-terrorism efforts. This could make it challenging to collaboratively gather intelligence on domestic terror cells...The proposed changes would require the military to act as police, wardens and judges jobs for which it is not equipped. Highly-decorated General Paul Eaton (US Army, retired), has affirmed this, saying:
...As it is currently written, this bill sanctions excessive military power without due process, demonstrating a total disregard for the US Constitution, specifically Article 3, Section 3, which ensures that nobody can be punished for treason without due process. Notably, all but two Republican senators supported the provisions. The Republican party is fond of rhetoric about the evils of "Big Government" yet seems to have few qualms about passing a multibillion-dollar bill that escalates the powers of the military to confer an extraordinary grip on civilian life...FBI Director Robert Mueller, Secretary of Defense Leon Panetta and Director of National Intelligence James Clapper have all publicly opposed the bill, arguing that it only serves to endanger us further and might even prevent effective counter-terrorism measures. A group of 26 retired generals and admirals recently wrote a letter to senators saying the bill would "do more harm than good"...Collaborative efforts in domestic law enforcement (mostly the FBI and Department of Justice) have allowed the successful prosecution of more than 400 terrorism cases, with high conviction rates, whereas military commissions have only tried a handful of cases, with few convictions. If this bill becomes law, it would mean that if the FBI was interrogating a terrorism suspect, the Justice Department might have to stop the investigation and turn him over to the military. An obstruction of justice and a debilitating blow to our democracy's touted freedoms, these provisions are shackling the American people, quite literally, on the pretext of national security. Furthermore, these policies do not make us safer. Unless we are prepared to embrace oppressive measures that allow our military to imprison indefinitely our own citizens without charges, we must urge President Obama to veto these assaults on our constitutionally-granted civil liberties.
This (language of the bill) implies that a naturalised American citizen could be exiled to their country of origin, even if it endangers their life. It also implies that an American citizen born in the US could be transferred to another "foreign entity"... No one is quite sure, but an "entity" akin to the new mercenary company in Abu Dhabi run by Erik Prince, former CEO of Blackwater, cannot be ruled out...There is confusion as to whether the NDAA applies to US citizens; but Section 1031 of the bill does indeed authorise indefinite military detention, without trial, of US citizens accused not yet proven guilty, just accused of terrorist acts. This was clarified in the following exchange on the floor of the Senate:
Senator Rand Paul (Republican): "Under the provisions, would it be possible that an American citizen then could be declared an enemy combatant and sent to Guantánamo Bay and detained indefinitely?"
Senator John McCain (Republican): "I think that as long as that individual, no matter who they are, if they pose a threat to the security of the United States of America, should not be allowed to continue that threat."
Senator John McCain (Republican): "I think that as long as that individual, no matter who they are, if they pose a threat to the security of the United States of America, should not be allowed to continue that threat."
Section 1032 of the bill would require mandatory military custody of someone accused of being affiliated with al-Qaida or plotting attacks against the US; American citizens would be exempt from this specific measure. Aside from the unabashed disregard for civil liberties, placing the burden of detention and trial upon the military, rather than civilian law enforcement, diminishes and delegitimises the FBI's role in counter-terrorism efforts. This could make it challenging to collaboratively gather intelligence on domestic terror cells...The proposed changes would require the military to act as police, wardens and judges jobs for which it is not equipped. Highly-decorated General Paul Eaton (US Army, retired), has affirmed this, saying:
"After serving for more than 30 years in the military, I can attest to its ability to conduct warfare brilliantly. We prefer not, however, to serve as policemen. The armed forces are not staffed, trained or equipped [
] Our police, FBI and prison system are designed to keep America safe."
...As it is currently written, this bill sanctions excessive military power without due process, demonstrating a total disregard for the US Constitution, specifically Article 3, Section 3, which ensures that nobody can be punished for treason without due process. Notably, all but two Republican senators supported the provisions. The Republican party is fond of rhetoric about the evils of "Big Government" yet seems to have few qualms about passing a multibillion-dollar bill that escalates the powers of the military to confer an extraordinary grip on civilian life...FBI Director Robert Mueller, Secretary of Defense Leon Panetta and Director of National Intelligence James Clapper have all publicly opposed the bill, arguing that it only serves to endanger us further and might even prevent effective counter-terrorism measures. A group of 26 retired generals and admirals recently wrote a letter to senators saying the bill would "do more harm than good"...Collaborative efforts in domestic law enforcement (mostly the FBI and Department of Justice) have allowed the successful prosecution of more than 400 terrorism cases, with high conviction rates, whereas military commissions have only tried a handful of cases, with few convictions. If this bill becomes law, it would mean that if the FBI was interrogating a terrorism suspect, the Justice Department might have to stop the investigation and turn him over to the military. An obstruction of justice and a debilitating blow to our democracy's touted freedoms, these provisions are shackling the American people, quite literally, on the pretext of national security. Furthermore, these policies do not make us safer. Unless we are prepared to embrace oppressive measures that allow our military to imprison indefinitely our own citizens without charges, we must urge President Obama to veto these assaults on our constitutionally-granted civil liberties.
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