This is important.

S. 1867 – THE NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2012

This act has passed Congress and been approved by the Senate.

What follows (separated by my comments) are verbatim passages from Sections 1032 and 1033 of this bill:

Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107–40) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.

“Under the law of war” means that the persons being addressed here will be outside the protection of the US Constitution. Now, let’s see who these people are:

(b) COVERED PERSONS— A covered person under this section is any person as follows:

(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.

(2)           A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.

Okay, so Al Qaeda members (however that is to be proven) are included. Then, anyone who is “engaged in hostilities against the United States or its coalition partners.” What, exactly does that mean? How will it be defined?

Within the last year, a senior law enforcement official – in a document on an official letterhead – determined that a grandpa-type in North Carolina was a domestic terrorist for the crime of producing silver coins improperly. That is not a promising sign. (See the second to last paragraph here.)

But notice the big thing here: US citizens are not excluded! This is an open, flagrant violation of the US Constitution.

The fifth amendment of the Constitution reads:

No person shall… be deprived of life, liberty, or property, without due process of law.

This law provides for the permanent loss of liberty with no process of law at all.

The sixth amendment states:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed… to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

The amendment is fully violated by the provisions of this law.

(c) DISPOSITION UNDER LAW OF WAR—The disposition of a person under the law of war as described in subsection (a) may include the following:

(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.

Anyone, even a US citizen, can be held under this law until “the end of hostilities.” No lawyer, no hearing, no trial.

The complaints we used to make about the communists are now legal against us.

(C) Procedures providing that a determination under subsection (a)(2) is not required to be implemented until after the conclusion of an interrogation session which is ongoing at the time the determination is made and does not require the interruption of any such ongoing session.

Subsection (a)(2) defines who is a “covered person.” This section says that they don’t even have to determine whether you are a covered person until they are finished with an “interrogation session.” If that sounds ominous, it should.

CLOSING THOUGHTS

I strongly recommend that you look this up for yourself. See if I am making it up.

Perhaps you are tempted to think, “Yeah, but they’ll never use it that way.” To that I respond:

Then why did they write it this way? It would have taken the addition of one line to fix it, but they refused, even though they were questioned about it.

This is not a joke, friends; it is very, very serious. People in power WILL use their power. ALL of history teaches this. We do not have some magical dispensation from God that makes everything forever wonderful on this one continent. If we screw up, we’ll suffer, the same as anyone else.

This Act is an open trashing of the Constitution. If the bill is signed, the Constitution becomes void any time the boys in DC say it is.

Honestly, I expect the bill to be signed and for few people to complain. Those who do complain will be called crazy, foolish, conspiracy theorists, extremists, friends of terrorists, and maybe worse. People will fiercely defend their ignorance and their timidity.

I want to close with a passage from They Thought They Were Free: The Germans, 1933-45 by Milton Mayer.

Who has ears to hear, let him hear:

“You see,” my colleague went on, “one doesn’t see exactly where or how to move. Believe me, this is true. Each act, each occasion, is worse than the last, but only a little worse. You wait for the next and the next. You wait for one great shocking occasion, thinking that others, when such a shock comes, will join with you in resisting somehow. You don’t want to act, or even talk, alone; you don’t want to ‘go out of your way to make trouble.’  …  In the university community, in your own community, you speak privately to your colleagues, some of whom certainly feel as you do; but what do they say? They say, ‘It’s not so bad’ or ‘You’re seeing things’ or ‘You’re an alarmist.’

“These are the beginnings, yes; but how do you know for sure when you don’t know the end, and how do you know, or even surmise, the end? On the one hand, your enemies, the law, the regime, the Party, intimidate you. On the other, your colleagues pooh-pooh you as pessimistic or even neurotic… the one great shocking occasion, when tens or hundreds or thousands will join with you, never comes. That’s the difficulty. If the last and worst act of the whole regime had come immediately after the first and smallest, thousands, yes, millions would have been sufficiently shocked… But of course this isn’t the way it happens. In between come all the hundreds of little steps, some of them imperceptible, each of them preparing you not to be shocked by the next. Step C is not so much worse than Step B, and, if you did not make a stand at Step B, why should you at Step C?” 

 

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