Congress to Vote Next Week on EXPLICITLY Creating a Police State

George Washington's picture



The police brutality against peaceful protesters in Berkeley, Davis, Oakland and elsewhere is bad enough.

But next week, Congress will vote on explicitly creating a police state.

The ACLU’s Washington legislative office explains:

The Senate is gearing up for a vote on Monday or Tuesday that goes to the very heart of who we are as Americans. The Senate will be voting on a bill that will direct American military resources not at an enemy shooting at our military in a war zone, but at American citizens and other civilians far from any battlefield — even people in the United States itself.




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.




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.




I know it sounds incredible. New powers to use the military worldwide, even within the United States? Hasn’t anyone told the Senate that Osama bin Laden is dead, that the president is pulling all of the combat troops out of Iraq and trying to figure out how to get combat troops out of Afghanistan too? And American citizens and people picked up on American or Canadian or British streets being sent to military prisons indefinitely without even being charged with a crime. Really? Does anyone think this is a good idea? And why now?




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.”




The senators pushing the indefinite detention proposal have made their goals very clear that they want an okay for a worldwide military battlefield, that even extends to your hometown.




While this is shocking, it is not occurring in a vacuum. Indeed, it is part of a 30 year-long process of militarization inside our borders and a destruction of the American concepts of limited government and separation of powers.

As I pointed out in May:

The ACLU noted yesterday [that] Congress is proposing handing permanent, world-wide war-making powers to the president – including the ability to make war within the United States:




As I noted in 2008:


An article in the Army Times reveals that the 3rd Infantry Division’s 1st Brigade Combat Team will be redeployed from Iraq to domestic operations within the United States.

The unit will soon be under the day-to-day control of US Army North, the Army service component of Northern Command. The Army Times reports this new mission marks the first time an active unit has been given a dedicated assignment to Northern Command. The paper says the Army unit may be called upon to help with “civil unrest” and “crowd control”.

The soldiers are learning to use so-called “nonlethal weapons” designed to subdue unruly or dangerous individuals and crowds.


This violates posse comitatus and the Constitution. But, hey, we’re in a “national emergency”, so who cares, right?


(We’re still in a declared state of national emergency).


I noted a couple of months later:

Everyone knows that deploying 20,000 troops on U.S. soil violates Posse Comitatus and the Constitution.


And everyone understands that staging troops within the U.S. to “help out with civil unrest and crowd control” increases the danger of overt martial law.


But no one is asking an obvious question: Does the government’s own excuse for deploying the troops make any sense?


Other Encroachments On Civil Rights Under Obama


As bad as Bush was, the truth is that, in many ways, freedom and constitutional rights are under attack even more than during the Bush years.


For example:


Obama has presided over the most draconian crackdown on leaks in our history — even more so than Nixon.


As Marjorie Cohen – professor at Thomas Jefferson School of Law and past president of the National Lawyers Guild – writes at the American Constitution Society for Law and Policy:


Army Pfc. Bradley Manning, who is facing court-martial for leaking military reports and diplomatic cables to WikiLeaks, is being held in solitary confinement in Quantico brig in Virginia. Each night, he is forced to strip naked and sleep in a gown made of coarse material. He has been made to stand naked in the morning as other inmates walked by and looked. As journalist Lance Tapley documents in his chapter on torture in the supermax prisons in The United States and Torture, solitary confinement can lead to hallucinations and suicide; it is considered to be torture. Manning’s forced nudity amounts to humiliating and degrading treatment, in violation of U.S. and international law.


Nevertheless, President Barack Obama defended Manning’s treatment, saying, “I’ve actually asked the Pentagon whether or not the procedures . . . are appropriate. They assured me they are.” Obama’s deference is reminiscent of President George W. Bush, who asked “the most senior legal officers in the U.S. government” to review the interrogation techniques. “They assured me they did not constitute torture,” Bush said.




After State Department spokesman P.J. Crowley criticized Manning’s conditions of confinement, the White House forced him to resign. Crowley had said the restrictions were “ridiculous, counterproductive and stupid.” It appears that Washington is more intent on sending a message to would-be whistleblowers than on upholding the laws that prohibit torture and abuse.




Torture is commonplace in countries strongly allied with the United States. Vice President Omar Suleiman, Egypt’s intelligence chief, was the lynchpin for Egyptian torture when the CIA sent prisoners to Egypt in its extraordinary rendition program. A former CIA agent observed, “If you want a serious interrogation, you send a prisoner to Jordan. If you want them to be tortured, you send them to Syria. If you want someone to disappear – never to see them again – you send them to Egypt.” In her chapter in The United States and Torture, New Yorker journalist Jane Mayer cites Egypt as the most common destination for suspects rendered by the United States.


As I pointed out in March:


Former constitutional law teacher Glenn Greenwald says that – in his defense of state secrecy, illegal spying, preventative detention, harassment of whistleblowers and other issues of civil liberties – Obama is even worse than Bush.


Indeed, Obama has authorized “targeted assassinations” against U.S. citizens. Even Bush didn’t openly do something so abhorrent to the rule of law.

Obama is trying to expand spying well beyond the Bush administration’s programs. Indeed, the Obama administration is arguing that citizens should never be able to sue the government for illegal spying.


Obama’s indefinite detention policy is an Orwellian nightmare, which will create more terrorists.


Furthermore – as hard as it is for Democrats to believe – the disinformation and propaganda campaigns launched by Bush have only increased under Obama. See this and this.


And as I pointed out last year:


According to Department of Defense training manuals, protest is considered “low-level terrorism”. And see this, this and this.

An FBI memo also labels peace protesters as “terrorists”.




A 2003 FBI memo describes protesters’ use of videotaping as an “intimidation” technique, even though – as the ACLU points out – “Most mainstream demonstrators often use videotape during protests to document law enforcement activity and, more importantly, deter police from acting outside the law.” The FBI appears to be objecting to the use of cameras to document unlawful behavior by law enforcement itself.


The Internet has been labeled as a breeding ground for terrorists, with anyone who questions the government’s versions of history being especially equated with terrorists.

Government agencies such as FEMA are allegedly teaching that the Founding Fathers should be considered terrorists.


The government is also using anti-terrorism laws to keep people from learning what pollutants are in their own community. See this, this, this and this.


Claims of “national security” are also used to keep basic financial information – such as who got bailout money – secret. That might not bode for particularly warm and friendly treatment for someone persistently demanding the release of such information.


The state of Missouri tried to label as terrorists current Congressman Ron Paul and his supporters, former Congressman Bob Barr, libertarians in general, anyone who holds gold, and a host of other people.


And according to a law school professor and former president of the National Lawyers Guild, pursuant to the Military Commissions Act:


Anyone who … speaks out against the government’s policies could be declared an “unlawful enemy combatant” and imprisoned indefinitely. That includes American citizens.


Obama has refused to reverse these practices.



The ACLU notes that there is some hope:


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.




The solution is the Udall Amendment; a way for the Senate to say no to indefinite detention without charge or trial anywhere in the world where any president decides to use the military. Instead of simply going along with a bill that was drafted in secret and is being jammed through the Senate, the Udall Amendment deletes the provisions and sets up an orderly review of detention power. It tries to take the politics out and put American values back in.




Now is the time to stop this bad idea. Please urge your senators to vote YES on the Udall Amendment to the National Defense Authorization Act.

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lakecity55's picture

I thought it was explicit enough already.

JohnG's picture


(about 2 hours to assemble)

mf7lakes's picture

read the actual bill --- it specifically states that US citizens are exempt ---

    (b) Applicability to United States Citizens and Lawful Resident Aliens-
      (1) UNITED STATES CITIZENS- The requirement to detain a person in military custody under this section does not extend to citizens of the United States.
    • (2) LAWFUL RESIDENT ALIENS- The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.

what the aclu wants to prevent is the detaining of ANY COMBATANT ...... WHICH IS BULLSHIT

      algol_dog's picture

      Me thinks the line separating US Citizens from Foreigners is getting more and more blurred. Kind of like the Mexican border ... pass the guacamole please -

      TheAkashicRecord's picture

      Hello friends, as if you needed something else to enrage you.  If you need an example of the military-industrial complex ..

      Why is the Pentagon spending tens of millions of U.S. tax dollars to whitewash the image of Central Asian dictatorships?


      More of the " we will support human rights abusers as long as they remain subservient to our national goals" sort of thing ... 

      Mike2756's picture

      Ummm, why didn't the aclu post the full text on their website?

      algol_dog's picture

      Lest anyone thought that giving up your rights and freedoms due to 911 didn't have consequences. As been said many times before, we get the government and laws we deserve. The discomfort and inconvenience in investing in and preserving our freedoms are way too much for your average drug, porn, reality television, Chinese import, addicted US citizen. This is not the "greatest generation" that fought on the shores of Normandy and saved the world from tyranny ...

      AndrewCostello's picture

      This has become so outrageous and so ridiculous.  Yet, still the American people do nothing!!!

      Most of our society have become a pack of lab rats that will eat their own shit and smile about it (this is not a metaphor - there are actually tests being done on beef patties created from human sewage).


      If you want to go down fighting, join:

      blunderdog's picture

      Huh.  Well I'm a bit confused. 

      I thought this happened back in '03 when we stopped worrying about habeas corpus and used the military to pick up any/all "enemy combatants" during the war in Iraq.

      It really doesn't matter so much what the law is, that should be obvious.  There are men with guns (and sometimes badges) who can do all kinds of things to you in this country, and there's no meaningful opportunity for redress.  This has been a fascist totalitarian state for quite awhile.

      I guess those ACLU folks see value in fighting against the formalization of that fact, but I doubt it'll change anything in practice.

      DosZap's picture

      I STRONGLY urge those that have not done so, get on the site and tell them like it pussy footing around.

      Let them know WHAT you are prepared to NOT STAND FOR.

      IF you do not tell them, then your the PUSSY.(If it passed,WHAT Have you lost?.,IF they back off YOU HAVE WON).

      A blanket declaration of your losing 235yrs of RIGHTS, will not be allowed to be  DEFILED,and IGNORED,because of some simpleton fascists in D.C.

      Hundreds,likely millions have fought and died for YOUR rights.Should we do/be any less ready to water the tree???.

      Who wants to just survive?,IF you cannot LIVE,what the hell does life mean?.

      Money 4 Nothing's picture

      I just got home from having a dinner engagement with Gov. Christie and our Senator Adiago, I brought the Bill up after dinner and Gov. Christie was not familiar with the Bill number so I briefly described it to him and he just had a blank look on his face, I asked him to look into it tonight and I am expecting an e-mail hopefully tonight.

      The Tree of Liberty must be refreshed from time to time with the blood of tyrants...

      -Thomas Jefferson



      AndrewCostello's picture

      This is the entire problem - there are far too few of us who actually harass their politicians to try and make them obey the law and act honestly.  On the occasions I have confronted politicians and asked them to justify their behavior, I have been alone.


      We have already lost many of our freedoms, but if you don't want to lose more, then people NEED TO TAKE ACTION.  Here is a great group you can join that is actually exposing some of the corruption that goes on.


      non_anon's picture

      send in the Drones

      Fred Hayek's picture

      The proposed bill is so vile, so despicable that any senator who doesn't do everything possible to stop this crap deserves to be shitcanned at his or her next election. Even the, apparently, good few like Rand Paul. You cannot take an oath to uphold the constitution and let shit like this pass.

      DosZap's picture

      As stated in a post last night, I emailed my Senators and flat out told them if this passed..............their will be immediate repercussions.As I will personally take it as an act of declared WAR on innocent Americans, and the Founding documents, so they had best get their asses in gear, and get this shut down.ASAP.

      Because their willl be an  immediate response, and not in their favor.You want an Arab spring?,they were unarmed, and we are LEGION.

      PS: Sen. Lindsey Graham (R-S.C.) IS  a no good PUSSY,coward SOB.And the HERO McCain, can from henceforth KISS my freckled frog ass.He's a traitor also.

      To INSTITUTE these  Regs without due cause, or a DIRE emergency, is Untenable.

      I refuse to live in a Police State, and under Gestapo rules.The Constitution does not GIVE THEM THIS RIGHT.

      And as long as  I live and still breathe, IT will not stand.

      Going to take a hell of a lot more than a Northern, and Southern command to corral 20-40 million armed Americans.( I would hope they join US,by their own mouth, and oaths they are OBLIGED to do so.).

      Some of us know how to kill snakes, cut of the heads, don't worry about the tails.IF it starts, I know where I will start.

      disabledvet's picture

      they spy on us. they laugh when we die or commit suicide in our own American home or in our own American work place while they watch. we laugh when Israel gets wiped off the map or Goldman Sachs loses everything because the EU implodes. Eh. It's all we are right now. it would be nice to have a new narrative of course. something truly "American" comes to mind. We shall see. Politics has cycles too and the current "totally insane phuck everything the American people are variant" doesn't look to stand the test of any time...let alone this time. It obviously doesn't even work for Israel let alone Washington DC. No less than Thomas Jefferson himself said "the tree of liberty must be soaked with the blood of patriots" of which i am card carrying member of course! Lest people think patriotism is "the last refuge of a scoundrel" however without them you would have no liberty whatsover--let alone commerce. Methinks the panicky insanity of DC isn't part of some "round up" per se but the fact that the Federal Government has successfully bankrupted every State and local government within the USA. Who to blame? Blame your neighbor who hasn't paid his property taxes in ten years while you have. And when their property comes up for sale the bid is 20 grand. no more.

      g speed's picture

      Do not be afraid--- the fire chief in my town was shaken down by the FBI last month-- It seems his kid downloaded music ---- the FBI went through this guys house and took stuff -- the fire chief has all kinds of friends in the sheriffs department and local police -- he was not amused. He tells me every things fixed, but I see the body language--

      The war will be between the cops and the Cops-- pick a side and place your bets

      lakecity55's picture

      A side purpose of training the armed forces in Iraq in counter-insurgency was to enable those same skills to be put to use in the Republic.  The tactics can be used to seal off a specific urban area, then go on S&D, arrest of "dissidents" and illegal detainment in violation of habeas corpus.

      That being said, the armed forces do not have some infallible or invulnerable ability. They cannot pacify an entire state, for example. When The Oval Office Puppet is told to pull the plug, and we begin to see illegal actions and such perpetrated against fellow citizens, we will have to copy the Iraqis and resort to counter-insurgency ourselves. There is no way to master an armed American-citizen-patriot insurgency.

      So, why order Talibama to pull the switch? I have always thought since he began his obvious attacks on business, investors, tazpayers, etc. that a second and almost as important goal of his backers is to crash the nation via civil war if the coming power grab fails. In studying Wm. Ayers' book, it was obvious they would accept the destruction of "American Imperialism" if they failed to institute a soviet-styled police state.  The next 12 months should be interesting.

      apberusdisvet's picture

      Methinks the various Tylers and Marla should have another passport and the means to disappear at a moments notice.

      Please Tyer; have a remote controlled nuke switch or the archive of posts when "they" come.

      Flammonde's picture

      Cassandra by Robinson Jeffers The mad girl with the staring eyes and long white fingers
      Hooked in the stones of the wall,
      The storm-wrack hair and screeching mouth: does it matter, Cassandra,
      Whether the people believe
      Your bitter fountain? Truly men hate the truth, they'd liefer
      Meet a tiger on the road.
      Therefore the poets honey their truth with lying; but religion—
      Vendors and political men
      Pour from the barrel, new lies on the old, and are praised for kind
      Wisdom. Poor bitch be wise.
      No: you'll still mumble in a corner a crust of truth, to men
      And gods disgusting—you and I, Cassandra.

      Subprime Society's picture

      The camps are already set up.

      LouisDega's picture

      Do they serve Pancakes? Love pancakes. And waffles too

      Tic tock's picture

      Nuts to the politics, the US Military - scared shitless kids with big guns' - oh sweet fuck -

      hivekiller's picture

      “And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling with terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand?... The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin's thirst, the cursed machine would have ground to a halt! If...if...We didn't love freedom enough. And even more – we had no awareness of the real situation.... We purely and simply deserved everything that happened afterward.”
      ? Aleksandr I. Solzhenitsyn

      MarketTruth's picture

      Well, Obama did promise "Chains you can bereave in."

      Lmo Mutton's picture

      It is not going to be a fair fight until we are outnumbered 100 to 1.

      Bring it.

      hivekiller's picture

      Wait until they start rounding up and killing all the useless eaters. Will the braindead population still cheer the govt. on?

      Whoa Dammit's picture

      Yes. The brain dead eaters will cheer the killing of the other useless eaters, because there will be less competition for the $2 waffle makers at Walmart.

      3ringmike's picture

      Will surfing be considered a national threat?

      Money 4 Nothing's picture

      May not fall under the case of "Nation Threat" but does fall under the new Feds waterway act and S-510. Control of all water (it was in the verbage) right down to a puddle of water in your driveway. Go search.



      VelvetHog's picture

      In Colorado it is currently illegal to collect rain water from your roof.  If you don't own water rights that water belongs to someone else.  If someone allows their rain to fall on your roof and the roof leaks and destroys your house you are fucked.  No recourse.

      Jena's picture

      I sure hope not but they're getting around that by contaminating coastal waters.  Stay healthy!

      Nage42's picture

      When you look around the room and it's _you_ who have the most weapons arrayed against your "enemies," then it is YOU who are the enemy.

      Nels's picture

      Or just maybe, you are the only one who has read history and is paranoid enough.

      Bansters-in-my- feces's picture

      One question.

      Who the fuck votes these people into power...????!!!!!!

      Bansters-in-my- feces's picture

      The senate is going to vote on whether Congress will give this President -

      and evey future President - the power to order military to pick up and imprison,without charge or trial civlians anywhere in the world.

      '''''..... The only way a US Military personnel would pick me up on foriegn soil would be DEAD.

      AchtungAffen's picture



      The reason is simple. You used the term "ACLU" several times in your article. Even had the temerity of using it as your source. Neglecting the fact that such a term produces an emotional reaction, pre-indoctrinated on many readers here, in which the rational mind stops and the catchphrases, reductions and publicized associations arise: ACLU = COMMIE = BAD. And thus the topic of it all ends up on the facade of the evils of the ACLU, rather than on the substance of an oncoming police state. The US is done for, and this is the reason why.

      TAfool's picture

      "....Neglecting the fact that such a term (as the ACLU)  produces an emotional reaction, pre-indoctrinated on many readers here, in which the rational mind stops...."

      You don't give the readers much credit. I think you are underestimating the majority and judging by the vocal. The ACLU has done a lot of misdeeds and misteps (trampling many for the sake of a few) but has also done some terrific justices.

      Personally, I don't care if one is a Libertarian, Liberal, Librarian or just a Libtard so long as they put the country and the Constitution first and uphold what it represents.

      Money 4 Nothing's picture

      Sorry folk's, but the Police State is already here, they are just making it public knowledge and yes, it will go through gaurenteed, after the bill passage, they will begin their round up of those they consider "Enemies of the State".. Americans. If your curious to see if you have become an enemy of the state, search: MIAC report. You may be suprised how many do.

      Right wing, gun owners, Ron Paul supporters (stickers) Precious metal horders, food hoarders, and Mainly, returning Vet's of the United States military forces. Protesters or anything that may hobble this adminestrations effort to further subjugate the USA.


       The Senate is set to vote on a bill next week that would define the whole of the United States as a “battlefield” and allow the U.S. Military to arrest American citizens in their own back yard without charge or trial.

      “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. 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,” writes Chris Anders of the ACLU Washington Legislative Office.

      Under the ‘worldwide indefinite detention without charge or trial’ provision of S.1867, the National Defense Authorization Act bill, which is set to be up for a vote on the Senate floor Monday, the legislation will “basically say in law for the first time that the homeland is part of the battlefield,” said Sen. Lindsey Graham (R-S.C.), who supports the bill.

      The bill was drafted in secret by Senators Carl Levin (D-Mich.) and John McCain (R-Ariz.), before being passed in a closed-door committee meeting without any kind of hearing. The language appears in sections 1031 and 1032 of the NDAA bill.

      “I would also point out that these provisions raise serious questions as to who we are as a society and what our Constitution seeks to protect,” Colorado Senator Mark Udall said in a speech last week. One section of these provisions, section 1031, would be interpreted as allowing the military to capture and indefinitely detain American citizens on U.S. soil. Section 1031 essentially repeals the Posse Comitatus Act of 1878 by authorizing the U.S. military to perform law enforcement functions on American soil. That alone should alarm my colleagues on both sides of the aisle, but there are other problems with these provisions that must be resolved.”

      A d v e r t i s e m e n t
      This means Americans could be declared domestic terrorists and thrown in a military brig with no recourse whatsoever. Given that the Department of Homeland Security has characterized behavior such as buying gold, owning guns, using a watch or binoculars, donating to charity, using the telephone or email to find information, using cash, and all manner of mundane behaviors as potential indicators of domestic terrorism, such a provision would be wide open to abuse.

      “American citizens and people picked up on American or Canadian or British streets being sent to military prisons indefinitely without even being charged with a crime. Really? Does anyone think this is a good idea? And why now?” asks Anders.

      The ACLU is urging citizens to call their Senator and demand that the Udall Amendment be added to the bill, a change that would at least act as a check to prevent Americans being snatched off the streets without some form of Congressional oversight.

      We have been warning for over a decade that Americans would become the target of laws supposedly aimed at terrorists and enemy combatants. Alex Jones personally documented how U.S. troops were being trained to arrest U.S. citizens in the event of martial law during urban warfare training drills back in the 90?s. Under the the National Defense Authorization Act bill, no declaration of martial law is necessary since Americans would now be subject to the same treatment as suspected insurgents in places like Afghanistan and Iraq.

      If you thought that the executive assassination of American citizens abroad was bad enough, now similar powers will be extended to the “homeland,” in other words, your town, your community, your back yard. 1984 bitchizz.


      StychoKiller's picture

      "There's no way to rule innocent men.  The only power any government has is to crack down on criminals.  Well, when there aren't enough criminals, one makes them.  One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.  Who wants a nation of law-abiding citizens? 
      What's there in that for anyone?  But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted -- and you create a nation of law-breakers -- and then you cash in on guilt.  Now that's the system, Mr. Rearden, that's the game, and once you understand it, you'll be much easier to deal with." -- Dr. Floyd Ferris, "Atlas Shrugged"

      Whoa Dammit's picture

      McCain, the famous POW drafts a bill to allow any American anywhere to become a POW of the USA. How sick is that?

      g speed's picture

      thats why I didn't vote for that Manchurian candidate in the last election --

      DavosSherman's picture

      Pitchforks & Torches