LBmuskoka's picture

LBmuskoka

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Habeas Corpus No More

While Americans were distracted by Justin Beiber's latest sex scandal, the US Congress passed the National Defense Authorization Act (NDAA) an Omni Bill that hidden deep within budgets and procurements includes the authorization of greater powers to the military police.  The Act extends the notorious indefinite imprisonment without representation of "suspected" terrorists and enemy combatants.  It will permit the long arm of a police state to imprison US citizens both abroad and at home.

From Wired Senate Wants the Military to Lock You Up Without Trial
So despite the Sixth Amendment’s guarantee of a right to trial, the Senate bill would let the government lock up any citizen it swears is a terrorist, without the burden of proving its case to an independent judge, and for the lifespan of an amorphous war that conceivably will never end. And because the Senate is using the bill that authorizes funding for the military as its vehicle for this dramatic constitutional claim, it’s pretty likely to pass.

Pass it did ironically on the 220 anniversary of Ratification of the American Bill of Rights.

 

 

The US, land of the free, is descending into a military police state and Canadians should be concerned.  We too just passed an omni crime bill that contained draconian measures.

Benjamin Franklin wrote "Those who desire to give up freedom in order to gain security will not have, nor do they deserve, either one.”  and he was right.

Ignorance, fear and most importantly comfortable complacency is killing democratic principles and I wonder who will be left to mourn its passing.

 

If denial is a river, it runs through doomed societies.

      Charles M Blow, NY Times, Dec 2011

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LBmuskoka's picture

LBmuskoka

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Editors Note:  that should

Editors Note:  that should have been US Senate passed ...

Congress passed the bill earlier.  Obama, on the passing in the Congress, proclaimed he would veto the bill, it now looks like he won't.

 

Here is the link to the article discussed in the video that Jason Leopold wrote:

Obama's "Twisted Version of American Exceptionalism" Laid Bare
 

On Wednesday, White House spokesman Jay Carney said Obama's senior advisers would recommend to the president that he should not veto the bill, as Obama had promised to do, because Congress made minor changes Monday to the provisions in the legislation related to the treatment of terrorism suspects with which the administration is now satisfied.

 

When the US voted in favor of the Universal Declaration of Human Rights in 1948, it promised to uphold several ideals, including one that said, "no one shall be subjected to arbitrary arrest, detention, or exile."

 

Kenneth Roth, the executive director of Human Rights Watch, said if Obama signs the bill, he will "go down in history as the president who enshrined indefinite detention without trial in US law."

 

Future generations will mark December 15, 2011 as a sad day in American history - that is if they are permitted to express dismay at the loss without fear of detention.

MikePaterson's picture

MikePaterson

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It expresses the wil of

It expresses the wil of government to protect the rich at any cost. We have the same mentality running rampant through our government too… it promisese us a very bleak future indeed and the death of democracy.

graeme's picture

graeme

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Quite so. I have no doubt

Quite so. I have no doubt this will become Canadian law as part of our agreement signed by Obama and Harper to integrate police operations and border protection.

This, passing unnoticed, is a revolution. I wonder if it was like this in Germany when Hitler came to power.

SG's picture

SG

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This is one in a long line of

This is one in a long line of things...

Rex 84
The Patriot Acts
National Emergency Centers Establishment Act (HR 645)

 

"insurgents" can be foreign or domestic.

LBmuskoka's picture

LBmuskoka

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Graeme wrote: Quite so. I

Graeme wrote:

Quite so. I have no doubt this will become Canadian law as part of our agreement signed by Obama and Harper to integrate police operations and border protection.

In Canada our parliament already has the power to circumvent Habeas Corpus rights see Library of Congress Habeas Corpus Rights: Canada.  The most flagrant use was during the October Crisis.  However the premise of that authority was also used during the G8 protests in Toronto where thousands of Canadian citizens were summarily detained on little or no evidence and denied representation for a period of time.
 

Whether American politicians have ever respected the Bill of Rights or not, this shift in American law is significant.  The Bill of Rights itself is a symbolic beacon of light around the world.  It is a governmental document that clearly states that citizens, the people, have the right to be protected from a zealous authority.

 

The US Bill of Rights set the world stage for arguments against systemic discrimination.  In Canada, sleeping beside that legal giant, we followed suit even though our laws did not, do not, grant us the same protection.  All democratic nations have stumbled at times, none have been perfect, but ultimately the ideal of freedom against autocratic rule, abuse of authority and legal protections won out.

 

Those rights are being lost, slowly, insidiously, one protection at a time.  Most frightening of all, the people who need them most are not fighting for them.

 

Governments and corporations do not need protection.  They have power, money and armies to protect them.  The average citizen has nothing but the Law to preserve their freedoms.  If the Law is diluted the average citizen is at risk.

 

Most people have a cynical yet idealized view of how the law works.  They believe, because they are good, honest, patriotic, that the law will protect them.  They equally believe that the only reason to fear draconian laws is because 'you must be guilty'.  What they miss in this viewpoint is that Law is blind and therefore bad laws are the most dangerous to the good, honest, innocent.

 

Laws against "indefinite detention" and habeas corpus were created in response to abuses by authorities from the Spanish Inquisition to Nazi Germany to our own October Crisis.  These laws were a response to the innocents caught in the net of authoritarian paranoia and persecution.  They were created to protect us; to ensure our freedom to think, believe and protest any abuse of power without fear of persecution.

 

Since 9/11 democratic countries - led by the birth place of the Bill of Rights - have been eroding those rights.  People living in those countries really have to start questioning our political leaders.  We, Canada and other democratic countries, supposedly went to war against other nations because those national governments were violating civil rights - yet we are now doing the same.

 

All this says to me is that we may have won the battle but we are losing the war.  We are giving up our basic freedoms to a threat and even if that threat was real it is not worth sacrificing our fundamental rights and legal jurisprudence.

 

 

 

People tend to rise up against the threats they personally discern or experience, which is why TSA procedures have sparked more public outcries than torture. Many post-9/11 abuses, like blacklisting and ubiquitous surveillance, are invisible. Others, like summary imprisonment or torture, are generally directed at unpopular minorities -- immigrants and Muslims, as well as the occasional high profile terrorism suspect. And when repression targets other people, in the ersatz interests of "our" security, it can pass perversely as freedom. As Rudy Guiliani famously remarked, "Freedom is about authority." Libertarians have to hope that Americans will recognize the illusiveness of such freedom and the harsh realities of post-9/11 authority before it's turned implacably against them.

      Wendy Kaminer, The Atlantic, Dec 15, 2011

LBmuskoka's picture

LBmuskoka

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And in yet another assault to

And in yet another assault to the American Constitution....

 

US elections 2012: Newt Gingrich suggests 'activist' judges could be arrested

 


Where Gingrich is actually quoted as saying "There is steady encroachment of secularism through the courts to redefine America as a nonreligious country and the encroachment of the courts on the president’s commander in chief powers, which is enormously dangerous,” 

 

And people actually applauded him.

 

Legally, under the American Constitution, the courts are, as is the government, supposed to operate without a specific religious theology!

 

Holy mother of mercy, this guy could be the next US president and he plans to arrest any one who opposes his "beliefs".  That is sure to send a cold wind blowing through the Halls of Justice.

 

John Adams, Benjamin Franklin, Alexander Hamilton, John Jay, Thomas Jefferson, James Madison, and George Washington must all be rolling over in their graves...

 

United States Constitution, Article VI, Clause 3,  states that:

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.

      September 17, 1787

sighsnootles's picture

sighsnootles

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have we learned nothing from

have we learned nothing from the star wars saga??

LBmuskoka's picture

LBmuskoka

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Apparently we have learned

Apparently we have learned nothing from anything;  factual or fictional. 

 

And before everyone assumes this is some American insanity and confined to south of the border, check out how our Federales are behaving on Parliament Hill.  From the gun registry, to the crime bill to health care - the rallying cry is unanimous "Our way or be run over".

 

This is not the way one runs a democracy....

 

Mr. Flaherty said the plan is not open to negotiation,...
"New Brunswick did not join the group of six because of concerns about retribution from Ottawa if officials publicly criticized the federal government, a source said."
      Flaherty’s 10-year health-care plan divides provinces 

 

On the upside, the demise of democracy will prove evolution, as only the strongest will survive causing the theocracy to implode on its own fallacies.

 

And to misquote General Patton, may their god have mercy on them because mine wouldn't.

Kimmio's picture

Kimmio

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Have you heard about Rocky

Have you heard about Rocky Anderson and the Justice Party? An antidote to all of this perhaps? I imagine we will be hearing more and more about him over the next few months.

graeme's picture

graeme

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Just to see how widely spread

Just to see how widely spread is the sense that all this is idiocy, google American Thinker Dec. 20.

This is a far right wing journal of commentary. This one comments on the authority of the military to imprison without charge or trial. For the first time, the far right and I are in full agreement.

LBmuskoka's picture

LBmuskoka

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There is another danger about

There is another danger about the erosion of sanity within the Republican party - and our counterpart the Conservative party - and that is that it reduces democratic participation.

 

In the US the problem is more glaring because, despite independent candidates and fringe parties, there really are only two choices for the American people.  The lack of choice leads to apathy where the rational voter chooses not to vote and the irrational voter does - thus electing irrational politicians, creating a vicious downward cycle.

 

For a very concise history on the demise of the Republican Party check out this article Why the Republican Crackup Hurts America

 

The term silent majority has been bandied about for decades and they  have become more silent to the detriment of our political process.  People do not speak out against the most egregious political acts and this permits even more, worse, political behaviour.

 

The average person has come to believe that the government does what the government wants to do and, guess what, because the majority of average people believe this so do the politicians.  In our collective silence we have created the monster and it will only be by our collective voices that the monster will be put back in the cage.

 

People have to get beyond the concept of "personal" freedom and recognize that what this boils down to is responsibility and accountability.  It is not just about one person or one group, Us or Them, but about all of us collectively.  Citizens have a responsibility to force elected officials to be accountable to the people of a nation or community, not the other way around.

 

We would not allow our children to behave this way; so why do we reward politicians who lie, cheat, and abuse?

 

 

Noise is relative to the silence preceding it. The more absolute the hush, the more shocking the thunderclap. Our masters have not heard the people's voice for generations, Evey and it is much, much louder than they care to remember.
       Alan Moore, V for Vendetta

sighsnootles's picture

sighsnootles

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it is fascinating to me to

it is fascinating to me to watch this all take place...

 

the more that the americans fight terrorism, the more and more they actually BECOME that which they set out to destroy.

 

and they just don't see it, either. 

LBmuskoka's picture

LBmuskoka

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Once again our forefathers

Once again our forefathers spoke wise words....

 

Battle not with monsters, lest ye become a monster, and if you gaze into the abyss, the abyss gazes also into you.
      Friedrich Nietzsche (1844 - 1900)

sighsnootles's picture

sighsnootles

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hey, anakin skywalker started

hey, anakin skywalker started out just doing the right thing, too... all he wanted to do was bring peace, justice, and freedom to his new empire....

 

 

LBmuskoka's picture

LBmuskoka

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An update, Obama signed the

An update, Obama signed the Defense Bill today in Hawaii, apparently after securing some amendments including the provision of Habeas Corpus to American - not anybody else - citizens...

 

Obama Signs Military Spending Bill

 

 

If "con" is the opposite of pro, then isn't Congress the opposite of progress?

     Jon Stewart, America (The Book):

       A Citizen's Guide to Democracy Inaction

Kimmio's picture

Kimmio

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sighsnootles wrote: hey,

sighsnootles wrote:

hey, anakin skywalker started out just doing the right thing, too... all he wanted to do was bring peace, justice, and freedom to his new empire....

 

 

 

I'll have to watch that again. Which episode was it-- and what went wrong that he became Darth Vader? I only remember that he turned out to be Darth Vader, and turned out to be Luke's father too. I don't remember how he came to be Darth Vader. I haven't watched since I was a kid.

seeler's picture

seeler

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Lb - I feel like I should be

Lb - I feel like I should be wearing a black arm-band right now, and hanging a black wreath on my door - explaining to all who notice that I'm mourning the death of human rights and freedoms in the USA.  

 

Its been quite a few years now since I visited that country.  We used to take an occasional shopping trip to Bangor, or visit relatives in New Hampshire, or escape a bit of winter in Florida - but not in recent years.    I think from now on I'll be even more viligent in staying in Canada.   Seelerman has a beard - our last name is Acadian - I tend to be a bit outspoken (even when we used to go to Florida Seelerman told me to 'keep your mouth shut').    Who knows - we might be in the wrong place at the wrong time - we might be friendly with the wrong people - we might say or do something that could be considered a threat.    On the other hand it is probably for the best that I wasn't in Toronto during the G8.

 

 

LBmuskoka's picture

LBmuskoka

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I agree Seeler, the descent

I agree Seeler, the descent has been rapid and the fall will be hard. 

 

What I truly mourn is that few seem to understand what is being lost here and that a President of a Superpower passes laws he has "serious reservations" with. 

 

 

 

You do not lead by hitting people over the head -- that's assault, not leadership.
        Dwight D. Eisenhower

EasternOrthodox's picture

EasternOrthodox

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Many Americans (right- and

Many Americans (right- and left-wing) are most upset by this bill.  I have been following several conversations on Twitter.

Azdgari's picture

Azdgari

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And next election, ~25% of

And next election, ~25% of Americans will elect another politician who, Republican or Democrat, will continue the same trend.

GordW's picture

GordW

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The bill itself was destined

The bill itself was destined to pass because it would be poilitcal suicide to not pass (in COngress) or to veto (at the White House) the funding for the US military.  By the time it gets to OBama's desk it is pretty much an all or nothing thing.  He can't veto a section of the bill.

 

Now why this provision is included in a funding bill........

 

This is why omnibus legislation is so problematic.

LBmuskoka's picture

LBmuskoka

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GordW wrote: This is why

GordW wrote:

This is why omnibus legislation is so problematic.

Amen

 

The provisions will be challenged and will probably lose - if the justices are not cowered by other ominous threats against them - and this makes omni legislation not only problematic but expensive.

 

 

O what a tangled web we weave, when first we pratice to decieve...
        Walter Scott

InannaWhimsey's picture

InannaWhimsey

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NO NO NO!  How DARE these

NO NO NO!  How DARE these special interest groups try to steal indie horror away from me!

 

LBmuskoka's picture

LBmuskoka

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InannaWhimsey, I would love

InannaWhimsey, I would love to watch your video but I have reached my usage cap - only text data for me until the middle of the month :-(

 

 

Please help this internet junkie sign the petition

SG's picture

SG

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Part of the way of doing this

Part of the way of doing this stuff is that you just start doing it... then LATER after doing it for a long time you make legal what you have ALREADY been doing... nobody squaks as much that way. If they do, you can silence them by asking where they were all along....

Easydoesit's picture

Easydoesit

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The issue of the National

The issue of the National Defense Authorization Act (NDAA) came up last evening (Jan. 16) during the GOP debate in South Carolina. Interestingly enough, Rick Santorum came out in favor of keeping the law regarding Habeas Corpus but only for American citizens. Any American citizen accused of associating with a terrorist organization deserves his day in court without undue delay. It's a different story for non Americans who should be held indefinitely and eventually tried by a military court. At least that's the way I understood him.

 

Of the five remaining GOP candidats, Santorum impresses me the most. In the debate  he sticks to the topic and doesn't ramble off topic like most of the others. In terms of pure brain power he would rank very high. That said, I would never vote for him because he is too much of a social conservative and his foreign policey is down right scary, especially with regard to the Middle East.

 

Speaking of scary, the audience booed Ron Paul vociferously when he tried to defend his foreign policy of non intervention. He doesn't want the US to get involved in any more wars, nor try to act as the world's policeman. Sounds reasonable to me but the GOP crowd seems to like red meat.

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