Friday, December 21, 2012

House Passes NDAA 2013 with Indefinite Detention Intact

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Activist Post

Yesterday, the House passed the National Defense Authorization Act which funds the Pentagon and military operations for 2013 to the tune of $633 billion.

The vote was 315-107, but the final draft must still be approved by the Senate.

The Senate version included an amendment that was supposed to protect Americans against indefinite military detention. That amendment was reportedly scrubbed from the final House version of the NDAA.

The Feinstein Amendment provided that:
an authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States unless an act of Congress expressly authorizes such detention.

Some have argued that the NDAA 2012 act of Congress negates this amendment making it impotent to begin with. However, this amendment apparently stated Americans' rights too clearly, so the House had to rewrite it in legalese.

Spokespeople for the Senate said the amendment was replaced with the following language:
Nothing in the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541) or the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) shall be construed to deny the availability of the writ of habeas corpus or to deny any Constitutional rights in a court ordained or established by or under Article III of the Constitution to any person inside the United States who would be entitled to the availability of such writ or to such rights in the absence of such laws.

Some say this convoluted form does nothing to protect a right to trial for detained Americans.

"This language doesn't do anything of substance," said Raha Wala, a lawyer at Human Rights First. "It doesn't ban indefinite detention within the United States or change anything about existing law."

Senator Rand Paul, who has been outspoken against indefinite detention, eviscerated the new wording and blamed Senator McCain for the change:
'The decision by the NDAA conference committee, led by Sen. John McCain (R-Ariz.) to strip the National Defense Authorization Act of the amendment that protects American citizens against indefinite detention now renders the entire NDAA unconstitutional,' Sen. Paul said. 
'I voted against NDAA in 2011 because it did not contain the proper constitutional protections. When my Senate colleagues voted to include those protections in the 2012 NDAA through the Feinstein-Lee Amendment last month, I supported this act,' Sen. Paul continued. 
'But removing those protections now takes us back to square one and does as much violence to the Constitution as last year’s NDAA. When the government can arrest suspects without a warrant, hold them without trial, deny them access to counsel or admission of bail, we have shorn the Bill of Rights of its sanctity. 
Saying that new language somehow ensures the right to habeas corpus – the right to be presented before a judge – is both questionable and not enough. Citizens must not only be formally charged but also receive jury trials and the other protections our Constitution guarantees. Habeas corpus is simply the beginning of due process. It is by no means the whole. 
Our Bill of Rights is not something that can be cherry-picked at legislators’ convenience. When I entered the United States Senate, I took an oath to uphold and defend the Constitution. It is for this reason that I will strongly oppose passage of the McCain conference report that strips the guarantee to a trial by jury.' (Source)
It's unclear who pulled the amendment from the House version, but the White House likely pressured Congress to change it. Immediately following the passage of the amendment, the White House threatened to veto the bill citing it "limits his ability to pursue his defense strategy and trespasses on his power."

Other activist groups are encouraging the President to veto the bill over restrictions placed on dealing with Guantanamo detainees.

Now that the bill is back to being as tyrannical as it can be for the American people, we can expect President Obama to once again sign it into law under the cover of darkness like he did last year late New Year's Eve.

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Anonymous said...

It should be crystal clear to every American citizen now that our "government" INTENDS to use the NDAA against American citizens. The mentality they are demonstrating is US (the "government") against THEM (the citizens).

Think about the 1.2 billion hollow-points bullets bought for domestic use. After this, anyone still think they're for target practice? Think about FEMA camps, bullet proof road booths, thousands of drones in our skies, militarized police, stockpiles of bulk coffins and weapon confiscation.

If our "government's" refusal to protect American citizens from the NDAA isn't the slap in the face to wake you up, then there really is no hope for you.

Anonymous said...

Indefinite detention is not for any foreign terrorist, its for YOU! Its for Americans!

The bankers are gonna pull the plug on the world economies, they're gonna make it go dark, they want billions to die, only then will they turn the lights back on. They want the survivors to beg for their NWO. If u dont agree to their narrative, ur gonna be a terrorist.

NDAA is to protect this rogue gov from anybody who doesnt agree with their feudalistic narrative. Thats why the FEMA re-education camps, thats why Homeland Security bought hollow-point bullets. Its all for Americans!

The ultimate hypocricy is NObama n Hitlary funding, arming and praising Al-Qaeda right now over their efforts in Syria. In Benghazi they gave the order to "stand down" and let Al-Qaeda kill Americans. These are treasonous traitors, and by NDAA law, both of them must be detained indefinitely for supporting terrorists!

Anonymous said...

Per the language in the recently passed House version: "under Article III of the Constitution to any person inside the United States who would be entitled to the availability of such writ or to such rights in the absence of such laws." IF anybody claims on their tax forms, driver's licenses, by opening a bank account, having a SSN, etc. that they are a US citizen by their signature, then they have "voluntarily" contracted away their natural God given rights and Citizenship protected under the organic Constitution and are claiming to be a 14th Amendment citizen that was created by this specific government order. As a 14th Amendment US citizen Congress can regulate you in any manner they so choose to regulate you because the created are ruled by their creators.

Anonymous said...

To imprison and torture without trial or due process?
An ugly question that any civilized country would answer with a resounding NO.

But in the USA (morally underdeveloped nation) that question has already been dealt with by changing it.

Is it OK to imprison and torture without trial or due process....Arab men women and children?

The answer for the past 10 years has been a resounding HELL YES!
The easily manipulated (Republicans) said yes to W Bush when he asked this question with as much zealotry as any German ever showed for Hitler. The arguably worse Democrats just yawn, pretend the Messiahbama does not torture and live in denial. Big fail for the USA from stem to stern.

The house vote yesterday effectively asked:

Given that we as a nation enthusiastically support torture of Arabs on a regular basis, is it also OK to imprison and torture without trial or due process regular American folks?

A coalition of Republicans and Democrats (315 - 107) said HELL YES!

Anonymous said...

Which States have NULLIFIED the NDAA? Anyone?

Anonymous said...

HEY the good thing is they have police protection or this would have been handled a long time ago,thats why the police are getting ready for a war with the american people,THE POLICE hate their families,they hate their friends,and they hate their neighbors,AND when the wars over everyone they know will be dead,and thats what they want,THE POLICE ARE THE MOST EVIL GANG IN TOWN,they put all other gangs to shame,especialy when it comes to being depraved and sick,watch the videos of the police killing old people in wheelchairs,or homeless people on the sidewalk,sick ,depraved,police gangs,this countries in deep trouble and americans are about to find out much trouble,the police gangs are waiting to kill other americans,and the blood will flow on the streets everywhere................

Anonymous said...

I wrote the 10:51 comment. Not a big lover of our fascist rulers.

The system makes most cops chose between quitting (for good people) or staying (for bad people).
Lots of good cops are still out there, bucking the system, trying to be good and they our deserve our support.
We should not forget about them.....1:13. Blind hatred of any entire group is wrong.....there are good people in every group trying to resist and do the right thing.

Anonymous said...

I see you guys have not posted my reply from early this morning. Too bad you guys don't want real truth made available about these things.

Anonymous said...

no US army person, or police officer i spoke to will support this... its going to come down to "special enforcement" teams made up of non americans that will take action.... THOSE who stand FIRST will stand ALONE.. pay close attention to whats going on in you town...

Anonymous said...

Before this is over, the cops will be joining their neighbors, brothers and sisters. Do not forget they love their country too. They are being brainwashed and possibly steroid-drugged into aggressiveness (Israeli military style)...when you write about the cops, do not forget they work for us, protect us and will again.

Michael Kinsey said...

It is astoundng how the 2 partys always pick the screwiest canidates they could find for President.Every one of these , McCain, Kerry, Bush, Gore are as anti US Constituional rights as they can be, Ho and don' forget O bummer.

Anonymous said...

"They protect us" Now that is a funny statement.They only serve their on selves and mostly worthless laws. They DO NOT SERVE THE PUBLIC. What planet are you on???

Anonymous said...

Nazi Germany part 2. Electric Boogaloo.

Anonymous said...

I have a problem here. Since when is it ok to pass an appropriation (funding) bill with laws in them? And unconstitutional ones at that. I thought they were supposed to be separate.

Anonymous said...

I agree there is just as much good as evil in the world trying to prevent such terrible acts on society as a whole. what troubles me is the same "ppl, elitist,government etc" fail to realize what will they do when the same laws they,IN THE PAST IN OTHER COUNTRIES & are TRYING TO FORCE ON EVERYONE are INDEED plans that will fail us All no matter ones race or nationality. Every human is will be affected even the pawns are expendable from this evil plan of turning Earth to a prison planet EVERYONE LOSES EVERY COUNTRY EVERY RACE,CULTURE ,CELEBRITY EVEN THE GLOBAL ELITIST WILL REALIZE THIS WILL BACK FIRE & BLOW UP IN THEIR FACES & THEY BECOME THE VERY SLAVES THEY WANT THE WORLD TO BECOME IF WE DONT ACT ON PREVENTING THIS ....

Anonymous said...

isn't it treason for going against its citizens?

Anonymous said...

Don't forget there are still 3000 russian troops in this country who could care less about the citizens of this country. There are also polish troops still here as well. Our government wants us dead and unless we can wake more people up that's exactly what we'll be. We are a minor inconvenience to the powers that be.

Anonymous said...

Americans are easily the most asleep, ignorant and easily brainwashed people on earth. They prove it every day that they don't call for replacing the WHOLE SENATE AND CONGRESS,because of the obvious worthless shills they are.

Anonymous said...

Looks like it doesn't matter if you call for a complete overhaul of the Senate or the House, the same things happen every time. They are exempt and we are not. Those standing around with their hands out looking for the give me instead of trying to make something work, however minimum wage, need to get a clue. Families need to pull it together and help each other out before the NDAA comes along and makes sure that there is no family at all. Life doesn't qualify even remotely good for most people I know, including myself, but I'm not standing in line waiting for the handout. I have a less then minimum wage job. Help from the relatives that can has made my life tolerable. I'm not giving up my constitutional rights for anybody and I'm trying to protect my young child's future. Looks like there won't be one now because my child is not part of the Congress elite.

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