S.1867, The National Defense Authorization Act: US Senate to Decide on Military Power that Undermines Due Process Laws (via Bungalow BillP
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The war on terrorism is about to strike the United States Constitution even harder. As if the Patriot Act didn’t already kill the Fourth Amendment, the Fifth Amendment will soon be dead as well if Congress successfully passes the National Defense Authorization Act.
The bill would give the military the power to arrest anyone they suspect to be a terrorist, and it would rob those people of due process laws that force the government to prove their guilt. As you can see, this is a very dangerous proposition when you consider the broad definition of terrorist documents like Missouri’s MIAC created.
“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 …
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Are You Scheduled For Government Interrogation or Detainment Should Senators’ Carl Levin (D-MI) and John McCain (R-AZ) S. 1867 Is Passed?
Senators Carl Levin (D-MI) and John McCain (R-AZ) recently sponsored S. 1867, the National Defense Authorization Act that could detain any U.S. Citizen without due process. How might Americans respond should U.S. Government use S. 1867 to take away their family members, loved ones and friends on mere suspicion? McCain’s prior bill S.3081 had the potential of spawning domestic terrorism in the United States.
McCain’s recently introduced S. 1867 is his second shot at getting this fascist legislation passed: On March 4, 2010, Sen. John McCain introduced S. 3081 a similar bill, “The Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010.” Under McCain’s S.3081 an “individual” would need only be “suspected” by Government of “suspicious activity” of “supporting hostilities” to be dragged off and held indefinitely in Military Custody. U.S. Government would have acquired the power to interrogate and detain any individual without probable cause. U.S. Government would only need allege—an individual kept in detention was an “Unprivileged Enemy Belligerent” (suspected of): having purposefully and materially supported or engaged in hostilities in America; against the United States or its coalition partners. How could anyone prove to Government, they did not purposely do something? U.S. Government could have detained any person or group that spoke out or demonstrated disapproval against any agency of U.S. Government.
When you read McCain’s bill, it appeared “suspicion” was not even necessary for government to detain or interrogate a U.S. Citizen in America. The Bill’s Definition for Unprivileged Enemy Belligerent: (Anyone Subject to a Military Commission.)
Similar to fascist laws in other countries, McCain’s S.3081 if passed, would have frightened Americans from speaking out. S.3081 was so broadly written it appeared any “individual” who dared write on the Internet or verbally express an opinion against U.S. Government or its Coalition Partners could be detained on the basis he or she was an “unprivileged enemy belligerent supporting hostilities.” At least under the Patriot Act, U.S. government generally needs probable cause to detain a person indefinitely. The passage of McCain’s S.3081 would have allowed government to use (mere suspicion) to curtail Americans’ Constitutional Protections against unlawful arrest, detention and interrogation—without the benefit of legal counsel and trial. Under the Mc Cain bill, U.S. Government was not required to provide detained individuals U.S. Miranda Warnings or even an attorney. It was foreseeable Americans might go underground to resist a tyrannical U.S. Government.
See McCain’s Prior Senate bill S.3081 at the web address below: compare McCain’s prior bill to his new bill: S. 1867.
http://assets.theatlantic.com/static/mt/assets/politics/ARM10090.pdf [2]
FYI: below is enclosed a copy of Hitler’s Fascist “Discriminatory Decrees signed February 28, 1933.” Although the Nazi Decrees are worded differently, McCain’s S.3081 had the potential of bringing America to the same place, trashing Americans’ free speech and personal liberty. Note how the Nazi Laws similar to McCain’s S.3081, in Nazi Section (1) and (4) had the power to suspend Germans’ personal liberties and shutdown Free Speech to intimidate German Citizens speaking out against the Nazi Government:
From The Nazi Decrees 1933
See Section 1
“Sections 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association, and violations of the privacy of postal, telegraphic, and telephonic communications, and warrants for house-searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.”
Similar to McCain’s S. 3081, but using different wording the Nazi Government in Section (4) see below, suspended Constitutional rights; could order the arrest of Citizens for any Act that might incite or provoke disobedience against state authorities. McCain’s S. 3081 instead mentioned detaining and prosecuting Individuals for “supporting hostilities” in America; against the United States and or Coalition Partners. S.3081 was so broadly written anti-war protesters and Tea Party Groups might be arrested and detained just for attending demonstrations, i.e. providing support.
Immediately Below: The Nazi 1933 Decrees Signed By Hitler
1933. ROBL. I 83.
DECREE OF THE REICH PRESIDENT FOR THE PROTECTION OF
THE PEOPLE AND STATE
Note: Based on translations by State Department, National Socialism, 1942 PP. 215-17, and Pollak, J.K., and Heneman, H.J., The Hitler Decrees, (1934), pp. 10-11.7
In virtue of Section 48 (2) of the German Constitution, the following is decreed as a defensive measure against Communist acts of Violence, endangering the state:
Section 1
Sections 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association, and violations of the privacy of postal, telegraphic, and telephonic communications, and warrants for house-searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.
Section 2
If in a state the measures necessary for the restoration of public security and order are not taken, the Reich Government may temporarily take over the powers of the highest state authority.
Section 4
Whoever provokes, or appeals for or incites to the disobedience of the orders given out by the supreme state authorities or the authorities subject to then for the execution of this decree, or the orders given by the Reich Government according to Section 2, is punishable—insofar as the deed, is not covered by the decree with more severe punishment and with imprisonment of not less that one month, or with a fine from 150 up to 15,000 Reichsmarks.
Who ever endangers human life by violating Section 1, is to be punished by sentence to a penitentiary, under mitigating circumstances with imprisonment of not less than six months and, when violation causes the death of a person, with death, under mitigating circumstances with a penitentiary sentence of not less that two years. In addition the sentence my include confiscation of property.
Whoever provokes an inciter to or act contrary to public welfare is to be punished with a penitentiary sentence, under mitigating circumstances, with imprisonment of not less than three months.
Section 5
The crimes which under the Criminal Code are punishable with penitentiary for life are to be punished with death: i.e., in Sections 81 (high treason), 229 (poisoning), 306 (arson), 311 (explosion), 312 (floods), 315, paragraph 2 (damage to railroad properties, 324 (general poisoning).
Insofar as a more severe punishment has not been previously provided for, the following are punishable with death or with life imprisonment or with imprisonment not to exceed 15 years:
1. Anyone who undertakes to kill the Reich President or a member or a commissioner of the Reich Government or of a state government, or provokes to such a killing, or agrees to commit it, or accepts such an offer, or conspires with another for such a murder;
2. Anyone who under Section 115 (2) of the Criminal Code (serious rioting) or of Section 125 (2) of the Criminal Code (serious disturbance of the peace) commits the act with arms or cooperates consciously and intentionally with an armed person;
3. Anyone who commits a kidnapping under Section 239 of the Criminal with the intention of making use of the kidnapped person as a hostage in the political struggle.
Section 6
This decree enters in force on the day of its promulgation.
Reich President Reich Chancellor Reich Minister of the Interior
Reich Minister of Justice
Some members in the Obama Government appear bent on curtailing Citizens’ rights especially Free Speech and Opinions. In the run up to Sen. McCain’s introduced S. 3081, it was reported Top Obama Czar Cass Sunstein Proposed Infiltrating all ‘Conspiracy Theorists’ in a paper prepared in 2008—that apparently expressed: Government should infiltrate and spy on Americans, their groups and organizations to obstruct Free Speech, disrupt the exchange of ideas and disseminate false information to neutralize Americans that might question government. See news story: http://www.wnd.com/?pageId=121884 [3]