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Senate Passes Bill Allowing Indefinite Detention of Americans ... Considers Bill Authorizing More Torture
The Senate passed a bill today allowing indefinite detention of American citizens living within the U.S.
While some have claimed that this is incorrect, and that American citizens would be exempted from the indefinite detention within U.S. borders authorized by the Act, the Committee chairman who co-sponsored the bill – Carl Levin – stated today in Senate debate that it could apply to American citizens.
Levin cited the Supreme Court case of Hamdi which ruled that American citizens can be treated as enemy combatants:
“The Supreme Court has recently ruled there is no bar to the United States holding one of its own citizens as an enemy combatant,” said Levin. “This is the Supreme Court speaking.“
Under questioning from Rand Paul, co-sponsor John McCain said that Americans suspected of terrorism could be sent to Guantanamo.
You can hear the statements from Levin and McCain on today’s broadcast of KFPA’s Letters and Politics.
As Raw Story notes:
The provision would authorize the military to indefinitely detain individuals — including U.S. citizens — without charge or trial.
“If these provisions pass, we could see American citizens being sent to Guantanamo Bay,” Rand said in the video. “This should be alarming to everyone watching this proceeding today. Because it puts every single American citizen at risk.”
“There is one thing and one thing only protecting innocent Americans from being detained at will at the hands of a too-powerful state — our Constitution, and the checks we put on government power,” he continued. “Should we err today and remove some of the most important checks on state power in the name of fighting terrorism, well, then the terrorists have won.”
“Detaining citizens without a court trial is not American. In fact, this alarming arbitrary power is reminiscent of Egypt’s ‘permanent’ Emergency Law authorizing preventive indefinite detention, a law that provoked ordinary Egyptians to tear their country apart last spring and risk their lives to fight.”
The debate is also being streamed live on CSpan-2.
While passage of the bill would make the Founding Fathers roll in their grave, it might not change that much. As former constitutional lawyer Glenn Greenwald notes:
With very few exceptions, the McCain-Levin bill, awful though it is, doesn’t create any powers beyond what the O Admin thinks it now has.
Indeed, the U.S. has been a de facto police state for many years.
“A MIDDLE EAST DICTATORSHIP HAS MORE DEMOCRATIC ACCOUNTABILITY FOR ABUSE OF POWER, INCLUDING TORTURE, THAN THE US UNDER OBAMA”
The same Senate is now considering a bill to repeal the prohibitions against torture:
The ACLU and over 30 other organizations sent a letter to the Senate asking them to oppose an effort in Congress that threatens to revive the use of torture and other inhumane interrogation techniques. If passed, an amendment introduced by Sen. Kelly Ayotte (R-N.H.) to the Defense Authorization bill would roll back torture prevention measures that Congress overwhelmingly approved in the 2005 McCain Anti-Torture Amendment, as well as a 2009 Executive Order on ensuring lawful interrogations. It would also require the administration to create a secret list of approved interrogation techniques in a classified annex to the existing interrogation field manual.
In a related development, republican presidential candidate Michele Bachmann renewed her attack on the prohibition of waterboarding and other forms of torture ….
Glenn Greenwald pointed out last week:
Andrew Sullivan … today noted that the U.S. under Obama imposes even less accountability for abuse of power and war crimes than does Bahrain:
Bahrain’s Sunni government promised “no immunity” for anyone suspected of abuses and said it would propose creating a permanent human rights watchdog commission. “All those who have broken the law or ignored lawful orders and instructions will be held accountable,” said a government statement, which says the report acknowledges that the “systematic practice of mistreatment” ended shortly after martial law was repealed on June 1.
As Andrew put it: “So a Middle East dictatorship has more democratic accountability for abuse of power, including torture, than the US under Obama.” Beyond things like this and the facts set forth in the last paragraph here, perhaps Andrew could use today’s post of his to help clear up the towering mystery he raised yesterday of liberal disenchantment with Obama. That American war criminals are being aggressively shielded from any and all accountability is not an ancillary matter but one of enduring historical significance.
That’s okay, though, because – according to top military, intelligence and civilian experts on interrogation – torture:
(1) Doesn’t produce actionable intelligence
(2) Reduces national security
(3) Creates more terrorists
(4) And is only useful for:
(A) Producing false confessions; and
(B) As a way of terrorizing the population
»
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BEST CASE - this is like the 'climate' bill, which would have required the average homeowner to spend $30,000 on 'energy upgrades' before they could sell their house in an already terrible housing market. It didn't pass, but it's proof of psychopathy. It shows us what they'd -like- to do to us, if they could, and what they think they have the power to do to us. That's what's important.
Same situation here. And as others have noted, all of this is happening already, this just further codifies it and brings it right out in the open.
DISCOURSES Upon The First Ten (Books) of Titus Livy To ZANOBI BUONDELMONTI AND TO COSIMO RUCELLAI By NICCOLO MACHIAVELLI 1517
CHAPTER XVII
A corrupt People coming into their liberty can maintain itself free only with the greatest difficulty
Resistance is never futile!
Did you know that Walmart sells single slug 12 gauge and hollow point 9mm at discount prices? i found that out tonight and topped off my basket. Thanks Sam!
Only thing worse than a walmart shopper is a walmart troll.
Carthago delenda est.
Carthage must be destroyed - Bit late to the party my Friend. Destroyed from within
I keep thinking that they'll stop the crazy sci fi stuff the government does these days, but they just keep on doing it.
The Constitution. Its so yesterday. King Moon Cricket, thats what we need the benevolent hand of Der Obama und his Regime!
I'm a Vet, this is NOT what I fought for. What a pity down the swirl we continue.
I used to wonder why the arabs referred to the united States as 'the Great Satan'.
I'm a veteran with 12 years active, got choked up when I heard the anthem or America the Beautiful, but now I find myself a stranger in a strange land. The military commissions act had me so disgusted I started a folder called Dead America. You can imagine how disgusted I am now, as I'm sure most of you are as well.
We've been quietly invaded, and the gloves are coming off.
Merry Christmas.
Yep. Count me amongst those who used to be proud of their service, but since the Great Awakening recoil in horror to think that I once wore the green garb of oppression. I curse 9/11 for ever occuring, but am thankful that it finally pried my eyes open. Unfortunately, the sight that came into excruciating focus is so repelling, the beast so repugnant, that one is left to only ponder how to be rid of it.
Semper Fi, my brothers and sisters in arms. May you also see the creature in all its malignant vainglory.
The right to a speedy trial ... well thats another Right you had until you became apathetic and mindless MSM hack
Whats left now - Slim pickings in the Brave new World. Wake up - your being eaten from within
My guess is the second
Bill of Rights U.S. Constitution
http://connecticut.cbslocal.com/2011/11/29/lieberman-to-google-flag-terrorist-content/
and so it begins............
It began a month or so ago. I sometimes use google to search a site with a search string that's site limited. This is what is added at the front of each search result from ZH if you google "anything site:zerohedge.com":
"Do NOT follow this link or you will be banned from the site! ...."
I asked Tyler if he knew anything about it, but got no reply.
outlaw posted this link from australia a couple of weeks ago. this is what happens now in australia....
http://griffinwatch-nwn.blogspot.com/2011/11/real-question-ask-is-why-does-word-jew.html
zerohedge is on the watch list, not so much for his informational and topical stock market content , but because the megaphone software is picking up a lot of commentary by posters , here, (God fobid) using the j word too much etc........
this will not be tolerated in this gulag...........you have to get your minds right folks....
lieberman has been barking to shut down or limit the internet for a while now - I think that's the *task* he's been given by his Zionist keepers.
creep.
not that i was a gore fan, but i believe lieberman was a mole,... secretly working for the 'gop' - he's a bonifide phoney
currently he's pushing a pawn federal judge vote, to solidify the ultra conservative 'robert's court' [when i say robert's court - i mean he runs the ruse] !
jmo
these dual citizens etc are nothing less that total traitors to this country.......totall sellouts.........and should be dealt with accordingly..........but.............
We are doomed to be wards of the fascist police state.
That shit passed? oh boy..
Nothing passed, only the purposed amendment was voted on today. It was voted down. See my posting here:
http://www.zerohedge.com/contributed/senate-passes-bill-allowing-indefin...
Also the supreme court rulling from 2004 that Levin quoted, "There is no bar to this Nation’s holding one of its own citizens as an enemy combatant." website for full text can be found here: http://www.law.cornell.edu/supct/html/03-6696.ZO.html
Gosh, perhaps this new law will be useful.
Bill Ayers is still on the loose. He certainly would qualify as a Enemy Combatant. I sure wish someone had asked Levin about that.
I've always liked the idea of a nice vacation in the Caribbean. Luxurious accomodations and plenty of free time to explore the emptiness of my mind.
Combine that with exciting courtroom drama and we have a definite winner!
Well we can stop being infuriated about the Rule of Law being ignored.
They just did away with the Rule of Law. We exist at their pleasure, their whim, with no backtalk suffered.
Keep your daughters under lock and key lest they be swept up as the utter anarchy of this "law" is fully exploited.
the problem in addition to this bill, is that the definition of "terrorism" is somewhat fungible, so thus eventually anybody who disagrees with their decrees will be a terrorist. Those at OWS would be considered terrorists for disturbing the peace.
Absolutely disgusting. How utterly lacking perspective these bastards are.
They would probably say that the government needs this power to be able to deal with certain (guilty) people. But, to quote from the movie Touch of Evil, "A policeman's job is only easy in a police state." In a free nation the determinant of what powers police may have is not solely what makes things easy for the police. How to protect the rights of the accused is at least as important. Many of those accused are innocent. If the constabulary is as stupid as the legislature they will make many mistakes and accuse many innocent.
"How utterly lacking perspective these bastards are"
I hate to be the one breaking this to you, but when any legislation is drafted in secret then voted onto the floor from behind a closed-door committee session, then they are acting deliberately -- in full knowledge that what they are doing is WRONG!
Do our Forefathers proud, There is no Democrats or Republicans in this battle, just enemies of the State starting with Senators McCain, Levin, Ayotte, and Graham for starters. I cannot believe that I served my Country proudly in the U.S. Army from 1973 to 1976 and now I really don't recognize it. I feared the Communists and their police state but apparently 35 years later I was facing the wrong direction.
My family's Liberty and Freedom are too important and they came with a heavy, heavy price for these traitors to squander it away so carelessly. My family has lived here since 1586, with my first relative landing here in 1492. I never thought I would be more ashamed of this Country as I am today, and that goes back many, many centuries of my family's heritage in this land. And to think J.D Hayworth was within a couple of points in defeating McCain last year. If only a few more people would of been awake last year. If only...
Oh well, tomorrow starts a new day and again, we will continue to restore our Country and Constitution. Believe me, after over 500 years of family history on this land, they were here long before the U.S. and will be here long after, if they (our Administration, along with Congress) don't blow the whole f'ing place up first.
Detestable pieces of shit and traitors to the Constitution.
"We're fighting a war, not a crime," said Sen. Lindsey Graham, an Air Force Reserves military lawyer and key author of the nation's detainee treatment law. "Here's what we decided to do as a body today. America is part of the battlefield. We firmly believe the war is coming back home, so we're no longer going to have an absurd result that if we capture you overseas where you're planning attack on the United States, we can blow you up or put you in a military prison indefinitely. But if you make it to America, all of a sudden you get Miranda rights and you go to federal court. That's an absurd result; never been known in war before."
I guess it will probably come to America being a battlefield again. Just not against the 'terrorists' they think they're trying to save 'us' from. The 'us' will be the so-called 'terrorists' until we can be called 'victors' and the Republic is reconstructed as it was intended to be.
There is no law in the US anymore. It is brute force, law of the jungle. Damn, looks like I will have to die to get my country back. The coup is complete. We have no rights.
just deport all US citizens and be finished with it
On second thought this is good news. It should steel everybody to do what they must absolutely do when ANYBODY busts down their door. SHOOT TO KILL.
When legal redress is rendered inoperable there is no other logical response. Indefinite detention is worse than a manly death.
And if Obummer gets another two Justices on the Supreme Court, they will overturn the Second Amendment as well, (as well as all Property Rights).
We are getting near the time to put the hammer to the primer to defend home and hearth. I will not flee these bastards, or any who choose to "follow orders".
This power will be used for political purposes, to chill the exercise of the First Amendment. This power has NO Check or Balance and thus its abuse is a foregone conclusion as Man is more often than not corrupt.
Stop being an idiot with the Obama bashing crap; being demonstrably wrong undermines your argument.
Sure, the man has been a disaster: but he's on the right side of this one, promising to veto: http://www.huffingtonpost.com/2011/11/29/senate-votes-to-let-military-de...
This comes from a bunch of moderate repubs and dems from conservative states who need to be tough on terror in an election year. Agreed: It's an incredibly stupid law with massive potential for long-term abuse. But please: put blame where blame belongs.
That's all just talk. Obama is a globalist banking puppet, and he will NOT veto a bill that strengthens the New World Order. I care not for his party affilition....
He DID promise to close Guantanemo....how is THAT working out?
I hate to be captious, but just how many promises has Obama kept since he entered office?
Also, what is BIDEN'S take on the legislation? 1301 and 1302 were passed in committee, and Biden, as VP, is President of the Senate. He didn't vote, but he is the "White House Man" in the Senate.
cough *Zionist* cough
self-proclaimed, proudly, I'll just add.
Are people blind?
IS IT NOT OBVIOUS WHAT IS GOING ON HERE?
the united states government was just outed by the guardian as cooridinating a multi state-police action against people protesting government policy.
this isn't just about ows , it's about tea partiers, or any u.s. citizens who are determined to interrupt the status quo operations of the military industrial complex and banking syndicate that both work to ensure the currency system and imperial military system are both working in concert.
this bill is part of a campaign to paint American dissidents, patriots, and critics of government as 'terrorists'.
that's what is going on here. protesters will be called 'terrorists' and tossed away by the federalis without a key. and supreme court judges that even think about protecting 'constiutional' rights will be replaced. this is the end of democracy, and as usual, it will happen with thunderous applause by the sheeple who could either care less, or are happy to see 'other' people victimised. until it is them.
zeev
welcome to the 'fight club'
Don't worry....I GET IT....and so much more! And I educate everyone I can.
Precisely what I was saying above... later than you however.
Sucker nation is going down.
On second thought this is good news. It should steel everybody to do what they must absolutely do when ANYBODY busts down their door. SHOOT TO KILL.
When legal redress is rendered inoperable there is no other logical response. Indefinite detention is worse than a manly death.
And if Obummer gets another two Justices on the Supreme Court, they will overturn the Second Amendment as well, (as well as all Property Rights).
We are getting near the time to put the hammer to the primer to defend home and hearth. I will not flee these bastards, or any who choose to "follow orders".
This power will be used for political purposes, to chill the exercise of the First Amendment. This power has NO Check or Balance and thus its abuse is a foregone conclusion as Man is more often than not corrupt.
"if Obummer gets another two Justices on the Supreme Court"
Too late to worry about that: The globalists already have 6 of the 9 Justices of the Supreme Court "locked in" (and the other 3 are Jews!). Ron Paul would get no sympathy from the so-called Guardians of the Constitution in any constitutional fights (though they'd let him lose in a split decision so that he didn't feel too bad).
mccain, levin, and throw lieberman in the mix - the aclu was gutted by 'obama's guantanamo', so the country is basically a fascist state
good lord they're probably comin for me tonight,... what the fuckMcCain is on this? he must be getting senile or going full stockholm syndrome from his time at the hilton.
johnny boy has 3rd stage alzheimer's - a couple years back while in the 'me' , lieberman as his back-up man [humanoid-teleprompter] had to refresh his memory [not just once but several times - man, it was embarrassing to watch] about who/ what was the reason they were there, and what to say -- seems,... he was dumbfounded about who the enemy actually was? yep,... just amazing how many idiot's are in the senate - just like brain dead reagan for the entirety of his 2nd term. pathetic [eg. woody, [brain dead] wilson]
made,... 'only-n-amerika'
jmo
No, McCain is a consummate GLOBALIST....even got money from Soros in the last election!
Can you say PROGRESSIVES? McCain is a progressive. So is Hilary Clinton. So is Barak Obama. They are in both parties. Hard-core socialist statists.
sixty-one "progressives" voted this fascist shit in today, overwhelmingly from the red-party camp, just acknowledging this.
http://warisacrime.org/content/heres-how-your-senators-voted-udall-amend...
disclosure: the voting fairytale never took with me, but I pay close attention to the storyline.
It's time: www.dixienet.org