Indefinite Detention: Political Washington Abolishes Due Process Protections
2011 12 19

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."


Image: Source


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 Washington’s targeting them to assure business as usual continues. Obama’s 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. It’s 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 Constitution’s 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, America’s 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, America’s (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





Related Articles
40 Members of Congress Protest U.S. ‘Indefinite Detention’ Bill
’ Indefinite Detention’ 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
High Fascism


Latest News from our Front Page

Why Can’t We Publish Addresses Of New York Times Reporters?
2014 11 28
New York Times reporters Julie Bosman and Campbell Robertson published the address of Darren Wilson in the New York Times so here are their addresses. GotNews.com strenuously objects to publishing the addresses of individuals who are being targeted with death threats. GotNews.com published the address of Ebola patient Nina Pham so that people could avoid going to her Dallas apartment. But it would ...
Terrorists? Interview with Varg Vikernes and Marie Cachet
2014 11 28
Marie Cachet and Varg Vikernes are what we call commonly ordinary people. However, for motives meanly political, the Ministry of the Interior decided to abuse its power to damage them ; "there is nothing more annoying than a low man placed in high position." (Roman saying) Today, Varg risks the eviction of the French territory without valid ground. Three very ...
The Coudenhove-Kalergi Plan - The Genocide Of The People Of Europe
2014 11 28
Mass immigration is a phenomenon, the causes of which are still cleverly concealed by the system, and the multicultural propaganda is trying to falsely portray it as inevitable. With this article we intend to prove once and for all, that this is not a spontaneous phenomenon. What they want to present as an inevitable outcome of modern life, is actually ...
Starbucks Supports Pro-GMO Company
2014 11 26
Another reason why you should not go to Starbucks. Starbucks has an image of being a socially responsible, environmentally friendly company (Really?). In 2013, 95 percent of their coffee was ethically sourced, and their goal is to reach 100 percent by 2015.1 Other goals include reducing water consumption by 25 percent in their company-operated stores by 20152 and mobilizing their employees and ...
Group Polarization and the Fad of Ethno-masochism
2014 11 26
From "Group polarization: A critical review and meta-analysis". Journal of Personality and Social Psychology. 6 50 (6): 1141--1151 The psychology of White self hatred. Political correctness IS a mental disorder. More: Group polarization: A critical review and meta-analysis. Isenberg, Daniel J. the paper Indoctrinate U Harvard Professor Noel Ignatiev talks about how to end the White race The History of Political Correctness The Narrative: The origins of Political ...
More News »