Are Americans really to be jailed at Gitmo?

Are Americans really to be jailed at Gitmo?




LIFE WITH BIG BROTHER
Are Americans really to be jailed at Gitmo?
Critics warn bill empowers president to lock up citizens, throw away key
Posted: December 16, 2011
7:50 pm Eastern

By Drew Zahn
© 2011 WND



Guard at secure facility at Guantanamo (National Guard image)
Buried within an 1,844-page bill currently sitting on Barack Obama's desk awaiting his signature is text that many critics are warning could give the president legal authority to send Americans to jail without charges, without trial, without end.

Both the U.S. House and Senate have passed the National Defense Authorization Act, a sweeping piece of legislation that affects dozens of aspects of foreign and military policy, but that was designed primarily to give the military – and not civilian courts – the clear authority for prosecuting and jailing terrorists.

But voices from across the political spectrum are concerned that the bill opens the door for the military – led by the president as commander in chief – to indefinitely detain American citizens, even within the U.S.

"We're talking about American citizens who can be taken from the United States and sent to a camp at Guantanamo Bay and held indefinitely," explains Rand Paul of Kentucky, one of 13 senators who voted against the bill. "There are laws on the books right now that characterize who might be a terrorist: someone missing fingers on their hands is a suspect, according to the Department of Justice. Someone who has guns, someone who has ammunition that is weatherproofed, someone who has more than seven days of food in their house can be considered a potential terrorist. If you are suspected because of these activities, do you want the government to have the ability to send you to Guantanamo Bay for indefinite detention?"

The senator was likely referring to documents released by the Department of Justice in Obama's first year in office listing everyone from returning veterans to pro-life activists to 2nd Amendment advocates as possible "domestic terrorists."

Joining Paul in opposing the bill were unlkely allies Ben Cardin D-Md., Tom Coburn, R-Okla., Mike Crapo, R-Idaho, Jim DeMint, R-S.C., Dick Durbin, D-Ill., Al Franken, D-Minn., Tom Harkin, D-Iowa, Mike Lee, R-Utah, Jeff Merkley, D-Ore., Jim Risch, R-Idaho, Bernie Sanders, I-Vt., and Ron Wyden, D-Ore.

"These provisions are inconsistent with the liberties and freedoms that are at the core of the system our Founders established," wrote Franken in an editorial in the Huffington Post the day after the bill passed. "Yesterday was the anniversary of the ratification of the Bill of Rights, and this wasn't the way to mark its birthday."

(Column continues below)







Among the bill's many provisions are tougher sanctions on those doing business with Iran's Central Bank, a freeze on $700 million in aid to Pakistan, a measure to make the head of the National Guard Bureau a member of the Joint Chiefs of Staff, an allowance for military chaplains to opt-our of permforming same-sex marriages and an authorization of $670 billion in spending for the Defense Department, along with the Energy Department's nuclear weapons programs.

The biggest controversy, however, seems to surround how suspected terrorists will fare under the law.

Sen. John McCain, R-Ariz., one of the leading advocates of the bill, argued it's necessary to clarify that foreign terrorists don't have the right to civil trials.

"There's a fundamental principle in that we don't want to criminalize a national security issue," McCain told reporters on Capitol Hill last week. "Any enemy combatant is an enemy combatant."

"Those who say that we have written into law a new authority to detain American citizens until the end of hostilities are wrong," explained Senate Armed Services Committee Chairman Carl Levin, D-Mich. "Neither the Senate bill nor the conference report establishes new authority to detain American citizens – or anybody else."

Yet not even the congressmen who voted for the massive bill are so sure.

Sen. Dianne Feinstein, D-Calif., for example, added an amendment to the bill that specifies the resulting measure could not be "construed to affect existing law or authorities relating to the detention of United States citizens … or any other persons who are captured or arrested in the United States."

Nevertheless, she also proposed a follow-up bill that would cement a protection against what the bill's critics fear.

"I strongly believe that constitutional due process requires that United States citizens apprehended in the United States should never be held in indefinite detention," Feinstein said. "That is what this legislation would accomplish."

Part of the ongoing controversy stems from disagreement over whether the military can already detain U.S. citizens who are terror suspects or not.

"If you have a problem with indefinite detention, that is a problem with current law," said Rep. Adam Smith, D-Wash., the top Democrat on the House Armed Services Committee. "The problems that people have, and I share some of them, are with existing law, not with this bill. Defeat this bill, and that will not change a piece of that existing law that we've heard about that we should all be concerned about."

But Tom Parker, policy director of Amnesty International USA, disagrees and declared his disappointment in President Obama for retracting an earlier threat to veto the legislation.

"The NDAA provides a framework for 'normalizing' indefinite detention and making Guantanamo a permanent feature of American life," Parker said. "By withdrawing his threat to veto the NDAA, President Obama has abandoned yet another principled position with little or nothing to show for it. … Amnesty International is appalled – but regrettably not surprised."

Rep. Jerry Nadler, D-N.Y., whose district actually includes Ground Zero, warned that legislators should not be so zealous for fighting terror that they erode freedom.

"We are in danger of losing our most precious heritage not because a band of thugs threatens our freedom, but because we are at risk of forgetting who we are and what makes the United States a truly great nation," Nadler said. "In the last 10 years, we have begun to let go of our freedoms, bit by bit, with each new executive order, court decision and, yes, act of Congress.

"We have begun giving away our rights to privacy, our right to our day in court when the government harms us, and, with this legislation, we are continuing down the path of destroying the right to be free from imprisonment without due process of law," Nadler said.

WND editor Joseph Farah, in a column called "The day habeas corpus died," said though he seldom agrees with Tom Malinowski of Human Rights Watch, the activist is right to be stunned by the bill's audacity.

"It's something so radical that it would have been considered crazy had it been pushed by the Bush administration," said Malinowski. "It establishes precisely the kind of system that the United States has consistently urged other countries not to adopt. At a time when the United States is urging Egypt, for example, to scrap its emergency law and military courts, this is not consistent."

"This draconian legislation could become another of innumerable clearly unconstitutional 'laws' in the U.S. as early as today," Farah added. "It is a bipartisan betrayal of the Constitution, the rule of law and the common-sense, limited-government ideals upon which the country was founded."

When asked about the president's wavering between opposition to support for the bill, White House Press Secretary Jay Carney acknowledged the bill's confusing ramifications, while only briefly touching on the controversy around detaining U.S. citizens.

"After intensive engagement by senior administration officials and the president himself, the administration has succeeded in prompting the authors of the detainee provisions to make several important changes," Carney said in a statement. "While we remain concerned about the uncertainty that this law will create for our counterterrorism professionals, the most recent changes give the President additional discretion in determining how the law will be implemented, consistent with our values and the rule of law, which are at the heart of our country's strength."

Related Commentary:

The day habeas corpus died

On Congress' 'battlefield' American liberty dies



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78 comments


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Brian Leffler · Subscribe · Top Commenter · Hibbing, Minnesota
This bill when signed (not if) is a declaration of war against the American people! I am fully prepared to fight back and will never go with these traitors! Yes, EVERYONE that has supported this bill and voted yes and even when Soetoro signs it, they are ALL guilty of treason, they should be tried and when found guilty be placed before a firing squad! This is the end of America and we are going to have to fight back, it is going to get bloody but America WILL win!
Reply · 29 · Like · Follow Post · 15 hours ago

Galen Sanford · Top Commenter · Salem, Oregon
I wouldn't go *that* far, but we're getting dangerously close to that kind of territory, yes.
Reply · 5 · Like · 13 hours ago

Sylvia Carter · Top Commenter
Wrong. China will win
Reply · 1 · Like · 10 hours ago

Tam Adams · Top Commenter
Sylvia Carter - Sadly, I have to agree. This is why Obeyme went to the extent of handing the drone over to China, via Iran. So that it could be used by China on us. And it's not the first time he's transferred top secret technology to China for that purpose.
Reply · 5 · Like · 6 hours ago
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Jeff Maples
Buckle up Christians, persecution is coming. It's going to be a bumpy ride.
Reply · 22 · Like · Follow Post · 12 hours ago

Myrtle K Linder · Top Commenter
Yes Jeff, we can depend on the persecution that is coming, in fact it has already begun. Children cannot even wear a badge with "Merry Christmas"on it. Right here in SC children are being forced to remove these badges. I feel sure it is happening in most states from their clothing.
Reply · 4 · Like · 4 hours ago

James Brock · Top Commenter
Myrtle K Linder yes but i bet they can wear anything to do is islam or muslum and it be fine or sing the mex national anthum
Reply · 3 · Like · 4 hours ago

Bradlee Dean
Myrtle K Linder Teach them to keep them on then.
Reply · 1 · Like · 4 hours ago
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Jerry Durham · Top Commenter · Works at New Hope Church of God
Remember the security officer when it was said to him "This is The United States of America" and he replied back "It ain't no more". How true. Lets have a ceremony to reinstate The Constitution and not leave GOD out of anything. MERRY CHRISTMAS!
Reply · 15 · Like · Follow Post · 16 hours ago

Andy Cooper · Top Commenter · World Harvest Bible College
I bet that one day, WND will have a headline that reads only this, "S.N.A.F.U." I wish the congress would join Barry and Michelle for some beach blanket bingo in Hawaii. One question, how did this fubar bill filled with such bovine scat ever pass our Tea Party House? Good job gang.
Reply · 12 · Like · Follow Post · 17 hours ago

Maryanne Greenberg · St. Maria Goretti High School, Philadelphia, PA
allan west who I really like, was pro this bill on Glenn Beck. Glenn was of course appalled, but here we go. What bill of goods were the tea partiers sold. West is no dummy and can't be bought? Something went on.
Reply · Like · 2 hours ago

Andy Cooper · Top Commenter · World Harvest Bible College
Maryanne Greenberg. I think the co-opting has begun.
Reply · Like · 2 hours ago

David A Blodgett · Top Commenter
Keep nsitting on your couch and watching your sports,dacing with the stars and American Idol.and your freedoms are being dismantled piece by piece.WAKE UP AMERICA it's time for the corporation to be dismantled and those held accountable for treason with passing this bill
Reply · 9 · Like · Follow Post · 18 hours ago

Thomas Muir · Top Commenter · San Rafael, California
My question to congress and the current president, why would you allow this. The trick to our political system is sooner or later your term expires and your party finds itself in the minority. would you allow me a small government libertarian with aspirations to being the next evil emperor or more likely would you give this power to Presidents Glenn Beck or Rush Limbaugh? How about President Sarah Palin? How about President George Soros?

Why did this Congress think this was a good idea, wasn't this the Congress that read the US Constitution aloud before the start of term?
Reply · 8 · Like · Follow Post · 17 hours ago

Shirley Smith Manning
My answer to you on your question to congress and the current community organizer why they would allow this to happen is because it is in the plans for the take over of the United States of America. You state that the trick is our political system sooner or later their term will expire! What if something happens in 2012 that would allow the community organizer to call for the military to take over the country? He would become a dictator and his term of office would be indefinite!
Reply · 3 · Like · 6 hours ago

Ken Hohbach · Plankinton High School
Shirley Smith Manning
Reply · Like · 4 hours ago

Thomas Muir · Top Commenter · San Rafael, California
Shirley Smith Manning That would be very bad mistake for him. Namely because it turn the country against him in a heartbeat.
Reply · Like · 3 hours ago
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Susan Sabin · Top Commenter · The University of Kansas
Along with this bill, barry wants to repeal the Posse Comitatus Act of 1878. Its intent (in concert with the Insurrection Act of 1807) was to limit the powers of local governments and law enforcement agencies from using federal military personnel to enforce the laws of the land. This will allow him to have his own brown shirt army. - if you think this can't happen, most of what is being passed is being done by executive order.
Reply · 7 · Like · Follow Post · 17 hours ago

Joyce Perdue · Top Commenter · Niagara Falls, New York
What a clear sign that Christ is coming soon! This is all prophetic word or God in Revelation coming to pass. And in the not too distant future Antichrist while stride on to the world's stage when some horrific event happens promising to the world to save them. What a horror and a bunch of Judas's we have elected into office on Capital Hill...all enemies of the people, the Constitution and freedom. We have been sold to the Globalist for less than thirty pieces of silver! Shame on each of them and shame on the Communists who rule from the White (Black House of Sin) House! Shameful will be their titles for all eternity!
Reply · 2 · Like · 7 hours ago

Keith Warner · Top Commenter · Binghamton, New York
@ Susan Sabin - Correct. Because of Posse Comitatus, the little Bush had to rely at first on the National Guard (state militias) to harass and intimidate us at the airports. We've gone far beyond that now.
Reply · 2 · Like · 6 hours ago

Steve Silveus · Top Commenter · Hillsborough Community College
Joyce Perdue they will pay the price, the reason japan did not invade the United States is because Youkosomebody said, behind every blade of grass there are guns. and that is what it may come down to. People should be calling congress and your state supervisor of elections and ask why someone with one piece of distorted Certificate of live Birth is not charged with a felon, like you and I would be charged with. Ask why he hide's his school records in court on our dime,,,,,,it's because he came to America as a foriegn Student
Reply · 1 · Like · 3 hours ago

David L Lamon · Top Commenter
One way this should soak into everyone of us mind is our elected representative we sent to Washington to work for us has instead voted to abolish the constitution. Even though they might say no but this one thing is necessary for the security of the United States and its citizens remember a little leaven leaveneth the whole lump or little by little they are eroding our freedoms right out from underneath. They will seduce/provide us with good sound reasoning and present it with such compassion to the average unknowing person they buy into by convincing themselves this person has my best interest at heart.
Well we are in the last days where deception abounds so please remember this biblical warning. 2 Corinthians 11:14-15 And no marvel; for Satan himself is transformed into an angel of light. Therefore it is no great thing if his ministers also be transformed as the ministers of righteousness; whose end shall be according to their works. Mark 13:22 For false Christs and false prophets shall rise, and shall shew signs and wonders, to seduce, if it were possible, even the elect.
Reply · 6 · Like · Follow Post · 17 hours ago

Brandt Hardin · Subscribe · Top Commenter · Houston County High School
The NDAA if passed will only go to further stifle our Constitutional Rights without the approval of the Americans, just as the Patriot Act was adopted WITHOUT public approval or vote just weeks after the events of 9/11. A mere 3 criminal charges of terrorism a year are attributed to this act, which is mainly used for no-knock raids leading to drug-related arrests without proper cause for search and seizure. The laws are simply a means to spy on our own citizens and to detain and torture dissidents without trial or a right to council. You can read much more about living in this Orwellian society of fear and see my visual response to these measures on my artist’s blog at http://dregstudiosart.blogspot.com/2011/09/living-in-society-of-fear-ten-years.html
Reply · 6 · Like · Follow Post · 18 hours ago

Keith Warner · Top Commenter · Binghamton, New York
@ Brandt Hardin - "the Patriot Act was adopted WITHOUT public approval or vote just weeks after the events of 9/11."

The Patriot Act had already been written and was awaiting successful execution of the "attacks".
Reply · 4 · Like · 9 hours ago

Roy Alba · Top Commenter · Lutcher Stark High School, Orange, Texas
This is a repeat of honest abraham lincoln detaining and incarcerating Americans who disagreed with lincoln. This later became reality in nazi germany. Now this won't only be used to incarcerate terrorists but to get every day American citizens who disagree with our current infiltrator in chief. Unfortunately, most Americans don't seem to care.
Reply · 6 · Like · Follow Post · 10 hours ago