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Senate Passes Bill Allowing Indefinite Detention of Americans ... Considers Bill Authorizing More Torture

George Washington's picture




 

By Washington’s Blog


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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Wed, 11/30/2011 - 06:57 | 1929118 i-dog
i-dog's picture

 
  "You can't jail someone for not shopping"

That one's in a closed-door Senate Committee drafting session right now.

Wed, 11/30/2011 - 10:12 | 1929672 11b40
11b40's picture

It will never pass.  Shopping is an obligation in America.  Everyone must do their part.

Wed, 11/30/2011 - 07:21 | 1929134 nmewn
nmewn's picture

I think the individual mandate under O'BamaCare already resolved that thorny little legislative issue.

You vill buy zee insurance or be fined or jailed. Vee know vaht izz best for us...errr you. 

Tue, 11/29/2011 - 22:38 | 1928350 Seasmoke
Seasmoke's picture

good......... at the presidents next Address, we can detain all 600 of them at once

Wed, 11/30/2011 - 06:54 | 1929115 i-dog
i-dog's picture

Now there's a plan!

Tue, 11/29/2011 - 22:38 | 1928349 john39
john39's picture

Since the senators and their banker masters are the real terrorists, I suppose that the military can use law to lock them all up gitmo.

Wed, 11/30/2011 - 08:42 | 1929237 Carlyle Groupie
Carlyle Groupie's picture

The extraordinary rendition will be the fun part. Don't let them weaken the gun laws!

JOIN and SUPPORT:
http://home.nra.org/

Keep an eye on the efforts of Bloomberg and his ilk:
http://www.nraila.org/Issues/
[note if you will how many sponsors of these issues are $supported$ by AIPAC].

Tue, 11/29/2011 - 22:30 | 1928338 williambanzai7
williambanzai7's picture

Torture is a vegetable.

Wed, 11/30/2011 - 07:57 | 1929168 my puppy for prez
my puppy for prez's picture

Torture is simply living in the US as it is destroyed.  Sigh...

Wed, 11/30/2011 - 00:54 | 1928715 Uchtdorf
Uchtdorf's picture

And that stuff on the guy's face after a good whuppin' is ketchup which is the king of vegetables.

Tue, 11/29/2011 - 22:58 | 1928394 alien-IQ
alien-IQ's picture

Torture creates vegetables.

Tue, 11/29/2011 - 22:50 | 1928366 akak
akak's picture

Torture is a vegetable.

Very true, and although it is a tradition, it it also merely transitory.

Tue, 11/29/2011 - 22:43 | 1928357 boiltherich
boiltherich's picture

It's fucking dairy too if that is what they tell us, we no longer have a right to disagree.

Tue, 11/29/2011 - 22:18 | 1928313 max2205
max2205's picture

Why don't they pass a fucking budget for a change. Losers?!

Wed, 11/30/2011 - 02:19 | 1928922 OldTrooper
OldTrooper's picture

Nice Max.  Maybe they wanted this detention thing in the bag, in case they need it after passing the budget.

Tue, 11/29/2011 - 22:21 | 1928307 Coldfire
Coldfire's picture

Dumb as a senator.

Wed, 11/30/2011 - 11:26 | 1930136 covert
covert's picture

none of those idiots know what torture really is. waterboarding isn't torture.

http://covert.mypressonline.com

 

Thu, 12/01/2011 - 10:07 | 1929645 HellFish
HellFish's picture

The bill (law) specifically exempts US Citizens and legal residents.  Don't let the facts get in the way of your GW induced hysteria.

<p>

EDIT:  I was wrong above.  I have learned the Administration specifically asked for the removal of that clause. 

</p>

Wed, 11/30/2011 - 00:31 | 1928658 navy62802
navy62802's picture

Crooked as a Senator. If Senators were only dumb, I think that would be an improvement.

Tue, 11/29/2011 - 23:14 | 1928432 Triggernometry
Triggernometry's picture

I think the Senate will be hiring soon.

Tue, 11/29/2011 - 23:50 | 1928549 Paul Bogdanich
Paul Bogdanich's picture

This Geroge Washington moniker guy is an ass.  He rambles on and nowhere in there does he list the Senate bill number or the proper name so I can see how my Senators voted.  That basic information should have been in the first paragraph.  Jus another propagandist.  That's how you can tell who they are.  They always avoid the basic facts.  Present the news without mentioning the news.  They want you to rely on THEIR spin.

Wed, 11/30/2011 - 14:27 | 1931390 Iwanttoknow
Iwanttoknow's picture

You are an arse hole.Go and whine some whre else.

Wed, 11/30/2011 - 10:19 | 1929745 Overflow-admin
Overflow-admin's picture

STFW noob

Wed, 11/30/2011 - 09:27 | 1929393 IAmNotMark
IAmNotMark's picture

Paul.  I guess you're an ignorant moron, so I'll make it easy...click on the third word in the article.  Maybe do some research.  Maybe even pull your head out of your ass.

Thank you GW for writing an informative post that provides a great deal of information.  Never mind that the moron didn't understand how to click or read.

Wed, 11/30/2011 - 08:28 | 1929229 Carlyle Groupie
Carlyle Groupie's picture

This Geroge Washington moniker guy is an ass.

FUCK YOU! Grow a set, contribute a piece or two and let us judge. Until then, FUCK YOU!

Wed, 11/30/2011 - 07:20 | 1929133 Confused
Confused's picture

Surely you haven't been following. He noted the bill number previously. 

 

Wed, 11/30/2011 - 03:40 | 1929019 mkkby
mkkby's picture

He's right.  I only clicked on this to find out how my senator voted.  What a piece of shit writing GW.

Wed, 11/30/2011 - 08:16 | 1929207 sunnydays
Wed, 11/30/2011 - 17:17 | 1932391 earleflorida
earleflorida's picture

thanks for the list

Wed, 11/30/2011 - 00:42 | 1928678 Ranger4564
Ranger4564's picture

blah blah blah... you lazy fuck... blah blah blah... propagandist.... blah blah blah... miscreant... blah blah blah... narrow minded dolt... blah blah.  You could get off your ass and do a bit of research instead of insult and insinuate and malign.  It's your fucking life, go take care of it.  You want to be such a god damn right wing douche, go fucking do some work, find out for yourself what the bill was, what it said, and why you should or should not care.  You think someone writing for a blog owes you all of the information in nice neat packages?  It's meant to be informative and though provoking but it's not meant to be your only source of information.   The decent and helpful and mature thing to do would have been to find out the information you thought was missing and provide it for the benefit of others... but oh right, that's not how you think... why help someone, they may one day surpass you...

That's how you people are, just talking out your ass.

Took 5 milliseconds.  Less time than it took to insult you.

http://www.bing.com/search?q=indefinite+detention+bill&go=&qs=n&sk=&form...

http://www.rawstory.com/rs/2011/11/29/senate-defeats-challenge-to-indefi...

It's part of S 1867 Defense Authorization Bill. Sections 1031 and 1032.

http://www.bing.com/search?q=s+1867&go=&qs=n&sk=&sc=1-6&form=QBRE

Maybe because your life depends on it, you might want to do some research, and then go oppose the bill.

And please stop the partisan idiocy... we're in the 21st century, even if you're still living in the dark ages.


 

 

Wed, 11/30/2011 - 01:46 | 1928851 RockyRacoon
RockyRacoon's picture

Damn good rant there, Ranger.  Fight Club suits you.

Wed, 11/30/2011 - 01:33 | 1928816 I like bubbles
I like bubbles's picture

you're my new fucking hero, I think his ass is bleeding.

Wed, 11/30/2011 - 01:44 | 1928847 Ranger4564
Ranger4564's picture

I'm going to hell. :p

yeah, i know i was harsh, i feel kind of bad, but i have no patience with people who are disingenuous and the only viewpoint they convey is bias.  I'm always hoping we can have constructive dialog and deliberate on the material.

Wed, 11/30/2011 - 01:49 | 1928864 RockyRacoon
RockyRacoon's picture

Ah, there you are...  Nice bob-n-weave.   I hope his ass is bleeding, actually.   You can see why I tired of countering every goober who showed up at ZH.  People to whom reason and care held no sway.   I read the articles I want and comment when I please.   There is no innate desire now for me to correct every perceived wrong.   Your comment is a breath of fresh air.

Wed, 11/30/2011 - 02:03 | 1928894 Ranger4564
Ranger4564's picture

Thanks Rocky.

Wed, 11/30/2011 - 01:02 | 1928734 Econolingus
Econolingus's picture

hell ya.

Wed, 11/30/2011 - 00:59 | 1928729 Federal Reserf
Federal Reserf's picture

Section 1031-1032 deals with detainees.

Aint fascism great!

Wed, 11/30/2011 - 04:59 | 1929067 cossack55
cossack55's picture

I love the look of the updated SS uniform worn by ALL police depts.  Nice blend of SS and Waffen SS to create the most fear in a populace.  Will they be wearing ceremonial daggers soon?

Wed, 11/30/2011 - 06:50 | 1929112 nmewn
nmewn's picture

I'm going to assume the entire Defense Appropriations Bill goes to a House-Senate conference before final passage where stupid shit like this Levin-McCain Amendment gets stripped out.

However, the reality is, the wole thing will be passed through under another Omnibus Bill for O'Bama to sign or veto because of the time constraints of congress critters wanting to get their sorry asses out of DC for the holidays.

Nothing really changes either way...if they want you dead or "disappeared"...thats what happens now, law or no law.

Sieg Heil ;-)

Wed, 11/30/2011 - 07:53 | 1929156 Sudden Debt
Sudden Debt's picture

How long did it take in Salem for the witchhunt to be approved?

Wed, 11/30/2011 - 00:05 | 1928590 Reformed Sheep
Reformed Sheep's picture

Come the revolution, this law should be removed from the books - right after executing it on the bastards who voted YES and shipping their asses to Gitmo. Along with the banksters - they're the real terrorists anyway...

 

Wed, 11/30/2011 - 00:51 | 1928702 Uchtdorf
Uchtdorf's picture

We have learned by sad experience that it is the nature and disposition of almost all men, as soon as they get a little authority, as they suppose, they will immediately begin to exercise unrighteous dominion. D&C 121:39

So I know the whole revenge thing seems satisfying and gratifying, but why become like the enemies that you wish to dethrone? Justice can be extracted without torture.

Wed, 11/30/2011 - 07:37 | 1929139 Element
Element's picture

Dude! D&C? You're quoting Joseph Smith at zh? ... holy crap ... Order of Melchizedek Bitchez! ... universes for all! ...

Wed, 11/30/2011 - 02:47 | 1928957 Paul Bogdanich
Paul Bogdanich's picture

You do know that I absolutely detest Mormons errrr excuse me LDS people don't you?  Take your D&C and stick it.  I was born and raised in Salt Lake City and suffered becaue I was Catholic.  Taught me the meaning of the word nigger.  Don't like you round headed scoop so and sos.  I would vote for Jon Hunstman Jr. though.  His old man was an LDS prick like Earl Holding but I always thought Jon Jr. a rather reasonable fellow.  Even 20 some odd years ago.    

Wed, 11/30/2011 - 10:46 | 1929863 IAmNotMark
IAmNotMark's picture

Wow Paul.  What an ignorant fuck you must be.  Every post I've read from you just oozes shitty assholeness. 

I absolutely detest ignorant fucking assholes like you.

Wed, 11/30/2011 - 01:36 | 1928825 Cathartes Aura
Cathartes Aura's picture

whoa, hang on.

I do believe this is my first sighting on ZH of a quote referenced to the Doctrine & Covenants, a Mormon scripture.

http://www.inspiredconstitution.org/hva_called/chapter_1.html

Wed, 11/30/2011 - 12:45 | 1930755 Uchtdorf
Uchtdorf's picture

Thanks for the link.

Wed, 11/30/2011 - 12:00 | 1930369 john39
john39's picture

the irony? why would that particular passage not apply to LDS church leaders, who operate in a black box and extort untold millions out of brainwashed LDS memebers?  audit the fed, then audit the LDS books...

Wed, 11/30/2011 - 01:19 | 1928781 dwdollar
dwdollar's picture

You better believe this is meant for one thing and one thing ONLY. To target anyone in the rebellion. Terrorism is just an excuse (always has been).

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