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Indybay FeatureRelated Categories: San Francisco | Police State and Prisons
Call Feinstein Boxer -Vote NO Indefinite Detention of US Citizens by US Military in USA
Email them: https://secure.aclu.org/site/Advocacy?cmd=display&page=UserAction&id=3865&s_subsrc=fixNDAA
Phone: (202) 224-3841 Fax: (202) 228-3954 Phone: (415) 393-0707 Fax: (415) 393-0710
(202) 224-3553 DC office
70 Washington Street, Suite 203
Oakland, CA 94607
Senators Demand the Military Lock Up American Citizens in a “Battlefield” They Define as Being Right Outside Your Window
The Senate is going to vote on whether Congress will give this president—and every future president — the power to order the military to pick up and imprison without charge or trial civilians anywhere in the world. Even Rep. Ron Paul (R-Texas) raised his concerns about the NDAA detention provisions during last night’s Republican debate. The power is so broad that even U.S. citizens could be swept up by the military and the military could be used far from any battlefield, even within the United States itself.
The worldwide indefinite detention without charge or trial provision is in S. 1867, the National Defense Authorization Act bill, which will be on the Senate floor on Monday. The bill was drafted in secret by Sens. Carl Levin (D-Mich.) and John McCain (R-Ariz.) and passed in a closed-door committee meeting, without even a single hearing...
But there is a way to stop this dangerous legislation. Sen. Mark Udall (D-Colo.) is offering the Udall Amendment that will delete the harmful provisions and replace them with a requirement for an orderly Congressional review of detention power. The Udall Amendment will make sure that the bill matches up with American values.
In support of this harmful bill, Sen. Lindsey Graham (R-S.C.) explained that the bill will “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.” Another supporter, Sen. Kelly Ayotte (R-N.H.) also declared that the bill is needed because “America is part of the battlefield.”
From Truthout.org by Shahid Buttar is a constitutional lawyer, hip-hop & electronica MC and executive director of the Bill of Rights Defense Committee.
On Monday, the Senate will grapple with Congress’ latest bipartisan foolishness, the National Defense Authorization Act. Ironically opposed by both the White House and the Pentagon, it would expand preventive and arbitrary detention beyond Guantánamo Bay and the CIA’s shuttered black sites, importing it into the domestic United States.
The Senate Armed Services Committee, led by Senators Carl Levin (D-Michigan) and John McCain (R-Arizona), approved the bill despite its provisions for military detention of any suspect (even those apprehended within the United States) accused (not proven) of involvement in any terror-related offense. Presumably, military detention would include those accused of offenses as innocuous as "lying to a federal agent," unrelated to actual terrorism yet classified as terror-related.
The most glaring problem with the committee's legislation is its violation of our nation’s most fundamental values shared across our political spectrum.
First, the committee’s proposal accepts prosecutors as the arbiters of guilt. We have courts in America to check executive power. Impartial judges limit over whom the state may exercise its coercive power to deny freedom. We don’t trust prosecutors to make those decisions, because we presume innocence. Being considered "innocent until proven guilty" is a bedrock constitutional norm, a cornerstone in the edifice our Founders constructed to defend freedom from the potential tyranny that Levin & McCain casually invite.
A separate fundamental principle restrains the military from operating domestically. Levin and McCain invite domestic military deployment.
Beyond its blatant violation of fundamental American principles, Levin and McCain also play loose with the system. Their bill passed the Armed Services Committee essentially in secret, without even a single hearing on their radical and seemingly Soviet-inspired proposal.
Moreover, their committee overstepped its jurisdiction, invading the spheres of the Judiciary and Intelligence Committees. Senators Patrick Leahy (D-Vermont) and Dianne Feinstein (D-California), who chair those committees, raised their voices in protest--and Senator Mark Udall (D-Utah) introduced an amendment that would reverse Levin-McCain’s detention provisions. Even within a single, insular, tone deaf political party, the left and right hands actively work at cross purposes.