In his last official act of 2011, President Barack Obama signed the massive bipartisan National
Defense Authorization Act (NDAA) that included shocking detainee provisions, such as...........
- REQUIRED military detention of foreigners that are suspected of being terrorists
- Military detention as the preferred OPTION for American terror suspects
- No charges need to be filed, and no trials must be held
- Prisoners to be held "until the end of hostilities"
These provisions can be more accurately described as "kidnapping" — which is a crime whether it's done by individuals, gangs, or States.
And what does "the end of hostilities" mean? Indefinitely, probably for life. After all, when does "terrorism" end?
Terrorism is indeed a serious crime. But just as with any other crime, many persons "suspected" of it are not guilty. The American, Constitutional presumption is innocent, until proven otherwise, via due process of law. Terrorism is an especially tricky judicial matter, because mere acquaintances of real terrorists, or people caught in the "wrong place at the wrong time" could be rounded up.
The fate of the innocent are of no concern to Congress or President Obama.
These kidnapping provisions violate the Due Process Clause of the Fifth Amendment. They also disregard your Fourth, Sixth, and Eighth Amendment rights. They even contravene Article III, Section 3, which deals with treason.
Not only that, but these kidnapping powers attack the foundation of who we are as a people. The British ancestors of the Founding Fathers enjoyed protection against arbitrary executive power since Magna Carta of 1215.
How can ANY of your rights and freedoms be secure if the President can, by whim, call me a "terrorist" and order troops to kidnap you because you were associated with me?
How can you enjoy the rights inherent in your humanity — life, liberty, and the pursuit of happiness — if you can be "disappeared" in a federal gulag? Two bills have been proposed that would restore SOME due process guarantees...
HR 3676 would restore Constitutional protections for American citizens but denies them to foreigners -- even legal residents.
US.2003 restores due process to American citens and lawful alien residents, but seems to deny even citizens due process rights if apprehended on foreign soil.
Human rights belong to all of us, not just Americans. Our rights are "pre-constitutional. They are not derived from the whim of any government, but naturally endowed to individuals since creation. But even if we rely entirely on the Constitution we find that, in this instance, our Fifth and Sixth Amendment rights protect "persons," not just American citizens (arguably, the Eighth does as well).
Please tell Congress to repeal the detainee provisions of the NDAA, and give ALL persons suspected of the crime of terrorism the right to process as afforded them in the Constitution.
- Your position will be counted by each Congressional office,
- Will educate the Congressional staffer who reads it,
- May be passed up the chain of command,
Comments