Response From Senator Jack Reed (D-RI)

Dear Readers,
Please see below the response I have received to an email that I sent to US Senator Jack Reed (D-RI) petitioning him to initiate action in repealing the provisions in the National Defense Authorization Act of 2012 that provide for what is essentially kidnapping of American citizens by the US military under the direction of the President. Feel free to use the link at the bottom of this page to email him with your thoughts.
Best Regards,
Dan
Dear Rep:
 
     Thank you for contacting me regarding the detainee provisions included in the Fiscal Year 2012 National Defense Authorization Act.  I appreciate hearing from you.
 
     I believe we must strike a balance between the need to investigate and prevent terrorist activity and the need to protect an individual’s civil rights.  As such, throughout the debate on this bill, I supported efforts that strengthened Constitutional protections without undermining our ability to thwart terrorism, including specifically exempting U.S. citizens and lawful resident aliens from military detention.
 
     As we move forward, this issue will be examined by Congress and the courts.  You can be assured that I will keep your thoughts in mind as I continue my work to enhance our security and military readiness.
 
     Again, thank you for contacting me, and please do not hesitate to write, call, or visit my website, http://www.reed.senate.gov, in the future for information regarding this or any other matter.
 
Sincerely,
 
Jack Reed
United States Senator
 
 
Please do not reply to this email address as this is an outbound mailbox only.  If you’d like to send a message, please do so at http://reed.senate.gov/contact/contact-share.cfm. Thank you.

FBI Mueller Called to Clarify NDAA Indefinite Detention of American Citizens

FBI Director Mueller claims he believes American citizens on US soil deserve Constitutional protections, but claims he doesn’t know if Section 1021 of NDAA 2012 violates that. I can tell you. IT DOES. Many thanks to my good friend Rachel Knutton for providing this intel. Special bonus Occupy question near the end.

Watch the video here. 5:28 long.

Lawmaker warns of ‘disagreeing with government’

This is the WND.com story on the conference call on our legislative efforts to stop NDAA. People from across the spectrum of political ideologies are uniting against the increase of tyranny of the federal government.

‘It’s kind of a dangerous time for people in America’

Detention34

A Missouri state lawmaker says it’s a scary time in America, especially if you’re not fully on board with Washington’s socialist-leaning agenda.

“It’s kind of a dangerous time for people in America who might wind up disagreeing with the government,” Missouri Rep. Paul Curtman said during a conference telephone call regarding organized opposition for the National Defense Authorization Act.

 After serving in the Marines for 10 years, he said, he realizes that under the federal government’s definition of “potential terrorist,” he qualified by virtue of his status as a combat veteran and his conservative political views.

But it’s not just conservatives who are raising concerns about the legislation that includes provisions appearing to authorize the no-warrant detention of American citizens under certain conditions.

The law was signed by Barack Obama Dec. 31, 2011, and among its sections is 1021, “which purports to authorize the president of the United States to use the armed forces of the United States to detain American citizens who the president suspects are or have been substantial supports of al-Qaida, the Taliban, or associated forces, and to hold such citizens indefinitely,” according to an analysis of the federal law.

“In short, Section 1021 authorizes the president to dispose of American citizens suspected of supporting ‘terrorism’ according to the laws of war, as if the United States soil was a battlefield and her citizens enemy combatants, not entitled to the protections of the Bill of Rights, including the rights to trial by jury, representation by counsel, confrontation of witnesses, and due process of law administered by impartial judges,” the analysis said.

Virginia’s lawmakers recently endorsed a plan that would prevent application of such provisions within its borders.

Curtman’s comments came during a conference call involving the Tenth Amendment Center, Demand Progress, and the Bill of Rights Defense Committee.

Also participating were tea party Republicans, liberal Democrats and libertarians, according to a report from the Tenth Amendment Center’s Mike Maharrey.

“Detention provisions without due process written into sections 1021 and 1022 of the National Defense Authorization Act served as a shot across America’s bow, raising concern to an amazingly high level, bringing groups and individuals across the political spectrum together to battle what they view as an unconstitutional and dangerous federal power grab,” his report said.

David Moon is with Demand Progress, and said, “We are a one million member progressive civil liberties organization, which means that our perspective is very much grounded in the left of center portion of the political spectrum, but this fight for due process, civil liberties and to extend habeas corpus in America has really brought us in close coalition with members all across the spectrum, from the tea party to the liberty community to progressive Democrats to Republicans.”

Larry Bragman represents a district in the California town of Fairfax, where officials simply unanimously adopted a resolution condemning the NDAA provisions.

“I think anybody who takes the oath of office in this country as an elected official has got to do what they can do to reverse, oppose and resist this bill, and that’s what we’re doing in Fairfax,” he said, according to Maharrey’s report.

Curtman said he’ll sponsor a provision prohibiting Missouri from cooperating with federal officials, and Rhode Island State Rep. Dan Gordon agreed there are problems.

“I had to read those sections of the bill numerous times to ensure that I wasn’t mistaken in what I was seeing. And what it came down to was – I was correct. There is no definition of the term belligerent and who gets to make that determination. That is a problem. It’s standard procedure to put those terms and definitions in there. It was not done in this case,” he said.

He’s working on legislation for his state.

“When I took the oath of office, I swore, as I did when I served in the Marine Corps, that I would support the Constitutions, in this case of Rhode Island and the United States. And before one single constituent of mine is snatched up in the dead of night, without due process, under our laws, they’ll have to pry those documents from my cold dead hands,” he said.

Kriss Worthington, council member for Berkeley, Calif., said in Maharrey’s report, “We who believe in liberty and justice for all, we really do believe in liberty and justice, and these drastic restrictions on liberty are not only legally unconstitutional, but they are morally reprehensible and against the spirit and the nature of what the United States of America is supposed to be about.”

The Tenth Amendment Center said lawmakers in 11 states now are working on some form of limits on the federal government at this point. Ten local governments already have adopted resolutions.

Rhode Island Liberty Coalition director Blake Filippi represented the Tenth Amendment Center on the call. He spelled out the urgency involved.

“In the spirit of the heroic abolitionists in states like Wisconsin, Maine, and many others – today, we call upon states across the nation to pass the Liberty Preservation Act – to reject the so-called ‘indefinite detention’ powers of the NDAA,” he said.

“We hope to expand this effort … and blanket the entire country with a defense of liberty until ‘indefinite detention’ is thrown to the dustbin of history,” he said.

When Virginia was considering its legislation, Floyd Mori, chief of the Japanese American Citizens League, sent a letter.

“As many of you know, during World War II the Japanese American community was targeted as ‘suspected enemy aliens’ and by authority of Presidential Executive Order 9066, over 110,000 people were rounded up and put into concentration camps at 10 desolate locations under the notion that they could be suspect,” he told the lawmakers in Virginia.

“This period of indefinite detention lasted until the war ended, and there was no due process as guaranteed by the Constitution. A congressional commission later, through a number of public hearings, found that this was an unjustified act of the government due to war hysteria, racism, and poor government leadership at the time. The government was ordered by an act of Congress to apologize and provide redress in order to learn a lesson that this should never again happen. If there were more who stood up to this injustice, much heartache and economic loss could have been avoided and this apology would not have been needed,” he said.

“Today we face a similar situation. The so-called ‘War on Terror’ has led to the same kind of hysteria and racist actions by government. I can also say that we have lacked the political leadership to identify that this kind of forced indefinite detention is a repeat of what happened during WWII,” he said.

“The state of Virginia has the opportunity to stand up to an unjust application of congressional authority. The American people need somebody to stand up against this injustice. HB 1160 is a tool that does just that; it stands up for the American people by respecting the basic principles of the Constitution.”

Outside opinions on exactly what the law allows vary widely.

Commentator Chuck Baldwin, who himself has been the target of smears by the Department of Homeland Security-related apparatus, explained the law, “for all intents and purposes, completely nullifies a good portion of the Bill of Rights, turns the United States into a war zone, and places U.S. citizens under military rule.”

“When signing the NDAA into law, Obama issued a signing statement that in essence said, ‘I have the power to detain Americans … but I won’t,” Baldwin wrote.

Baldwin was vilified by an anti-terror campaign in Missouri several years ago when authorities there described suspicious characters as those who might have supported him or other third-party candidates during a presidential election.

A state agency, and later the Department of Homeland Security, offered warnings that returning veterans, those who oppose abortion and others who advocate conservative issues could pose a danger to the nation.

Others have pooh-poohed the concerns about the apprehension of Americans. Wayne Bowen, a professor at Southeast Missouri State University not far from where state officials had issued that warning about Baldwin, said, “The NDAA not only does not empower the U.S. military to detain American citizens indefinitely, it specifically prohibits this.

“The NDAA confirms as U.S. law the practice that foreign terrorists … will be held indefinitely by the U.S. military. Indeed, this is a far more generous policy than allowed under international law,” he wrote.


 

NDAA: “We must resist. We must oppose. We must reverse”

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You won’t often find organizations as dissimilar as the Tenth Amendment Center, Demand Progress and The Bill of Rights Defense Committee, along with Tea Party Republicans, liberal Democrats and libertarians, playing nicely together on the same playground.

Even more unusual – finding them all pulling together on the same team.

But detention provisions without due process written into sections 1021 and 1022 of the National Defense Authorization Act served as a shot across America’s bow, raising concern to an amazingly high level, bringing groups and individuals across the political spectrum together to battle what they view as an unconstitutional and dangerous federal power grab.

“We are a 1 million member progressive civil liberties organization, which means that our perspective is very much grounded in the left of center portion of the political spectrum, but this fight for due process, civil liberties and to extend habeas corpus in America has really brought us in close coalition with members all across the spectrum, from the Tea Party to the liberty community to progressive Democrats to Republicans,” Demand Progress program director David Moon said.

On Tuesday, TAC, BORDC and Demand Progress partnered to host a media conference call featuring state and local legislators from both sides of the political aisle. These lawmakers come from vastly different backgrounds and political perspective, but they have all joined the fight at the state and local level, seeking ways to block federal detention under the NDAA.

Larry Bragman

The Fairfax, Calif. town council recently passed a resolution condemning NDAA detention. Larry Bragman (G) represents a district in the small San Francisco Bay area community of 7,500 people. He says the council passed the resolution unanimously.  And he seemed to channel James Madison opposing the Alien and Sedition Acts back in 1798 when he demanded action.

“I think anybody who takes the oath of office in this country as an elected official has got to do what they can do to reverse, oppose and resist this bill, and that’s what we’re doing in Fairfax,” he said.

Missouri Rep. Paul Curtman (R) shared his experience coming home after serving in the Marines for 10 years, realizing that under the definition of “potential terrorist” provided by Missouri state law enforcement officials and the U.S. Department of Homeland Security, he qualified simply by virtue of his status as a combat vet and his right-leaning political views. He said the vague language in the NDAA could conceivably spell trouble for dissenters of all stripes in the United States.

Paul Curtman

“The bill doesn’t say who gets to make these decisions, there’s a lot of definitions that are lacking, meanwhile the definition of terrorist continues to get vaguer, and vaguer, and vaguer. It’s kind of a dangerous time for people in America who might wind up disagreeing with the government,” he said.

In response, Curtman plans to sponsor the House version of SB819, which would prohibit the state of Missouri from cooperating with federal officials attempting to enforce NDAA sections 1021 or 1022.

Fellow Marine and Rhode Island State Rep. Dan Gordon (R) expressed similar uneasiness about language in the NDAA.

“When I first heard about this, it gave me great pause. I had to read those sections of the bill numerous times to ensure that I wasn’t mistaken in what I was seeing. And what it came down to was – I was correct,” he said. “There is no definition of the term belligerent and who gets to make that determination. That is a problem. It’s standard procedure to put those terms and definitions in there. It was not done in this case.”

In January, Gordon began drafting H7916, and he introduced the bill in March with 43 cosponsors. A pretty amazing feat considering that the Rhode Island House has just 10 Republicans, with the “opposition party” holding 65 seats.

Dan Gordon

Gordon said the bipartisan support really makes sense when taking an objective look at the danger posed by allowing the federal government to wield such undefined and expansive powers given in the NDAA.

“This is an issue that is of concern and should be terrifying to each and every single American, regardless of ideological, political stripe,” he said. “Once one of us loses our voice to speak, we’re all in jeopardy.”

Gordon said it ultimately came down to fidelity to his oath of office.

“When I took the oath of office, I swore, as I did when I served in the Marine Corps, that I would support the Constitutions, in this case of Rhode Island and the United States. And before one single constituent of mine is snatched up in the dead of night, without due process, under our laws, they’ll have to pry those documents from my cold dead hands.”

Bragman said the city of Fairfax prides itself on its self-sufficiency and local control. He pointed out that the NDAA continues a trend of federalizing local law enforcement, and he expressed concern about the potential threat to civil liberties and community autonomy. In fact, he says it’s already happening.

Bragman illustrated the danger, pointing out that regional law enforcement, organized by the U.S. Department of Homeland Security, cracked down on the Occupy movement in Oakland. He also noted the uptick in federal raids on medical marijuana clinics operating in the Bay Area for years.

“That’s very disturbing to us, because Fairfax, for example, just had to pass a sales tax to support our local services, and certainly for the federal government to come in and now direct local law enforcement towards these sorts of non-specific goals under the National Defense Authorization Act is truly, truly chilling,” he said.

Bragman also noted that language in the NDAA doubles down on some of the worst civil liberty violations of the Bush years.

“It’s brought a lot of the most unsavory aspects of the Bush administration’s shredding of the Constitution out of the shadows and into enshrinement of law, because not only does it allow the designation of certain types of activity as being exempt from the Constitution, it also enshrines extraordinary rendition into law,” he said. “We must resist. We must oppose. We must reverse.”

Kriss Worthington

Berkeley, Calif.  city councilor Kriss Worthington said he feels like the detention provisions in the NDAA tarnish the image of the U.S.

“We who believe in liberty and justice for all, we really do believe in liberty and justice, and these drastic restrictions on liberty are not only legally unconstitutional, but they are morally reprehensible and against the spirit and the nature of what the United States of America is supposed to be about.”

He pointed out that Americans typically pride themselves on upholding human rights.

“How will people take us seriously if we have repressive legislation on the books that allows some of those same kinds of unreasonable restrictions on our own people’s liberty?”

State and local opposition to NDAA detention without due process continues to spread across the United States. Including Rhode Island and Missouri, lawmakers in 11 states are considering legislation to condemn or block sections 1021 and 1022. And 10 local governments have already passed anti-NDAA resolutions.

Blake Filippi

Rhode Island Liberty Coalition director Blake Filippi represented the Tenth Amendment Center on the call. He spelled out the urgency involved.

In 1850, when Congress passed what was known as the “Fugitive Slave Act,” the federal law compelled people of all states to assist federal agents with the apprehension of suspected runaway slaves and brought all trials involving alleged fugitive slaves under federal jurisdiction. It included large fines for anyone who aided a slave in their escape, even by simply giving them food or shelter. The act also suspended habeas corpus and the right to a trial by jury for suspected slaves, and made their testimony non-admissible in court.

This was an atrocity.

But the people of the states didn’t just stand there and take it.  In the ensuing years, states all over the North began passing what were known as “Personal Liberty Laws” – rejecting such claims of federal power and reasserting the state’s role in protecting the rights of people.  Massachusetts went so far as to consider such federal acts to be the crime of kidnapping – and after passing their Personal Liberty Law, not one single escaped slave was returned to the South under the Fugitive Slave Act.

While that horrible part of American history is gladly long gone, due process is still under attack by the Federal Government today.   And in the spirit of the heroic abolitionists in states like Wisconsin, Maine, and many others – today, we call upon states across the nation to pass the Liberty Preservation Act – to reject the so-called “indefinite detention” powers of the NDAA.

In partnership with the Bill of Rights Defense Committee and Demand Progress, we hope to expand this effort beyond the 10 local communities which have already passed such legislation – and the 11 states moving to consider it already – and blanket the entire country with a defense of liberty until “indefinite detention” is thrown to the dustbin of history.

To listen to the entire press conference, click HERE.

Michael Maharrey [send him email] is the Communications Director for the Tenth Amendment Center. He proudly resides in the original home of the Principles of ’98 – Kentucky. See his blog archive here and his article archive here. He also maintains the blog, Tenther Gleanings.

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Rhode Island Anti-NDAA Bill Has Been Scheduled for Committee Hearing

I received notification today that our bill in opposition to sections 1021 and 1022 of the National Defense Authorization Act of 2012, has received a hearing date of 3/21/12 before the House Judiciary Committee. For anyone wanting to come and testify on behalf of the bill, you may do so by coming to the Rhode Island State House, room 313 at about 4:30. Ask for the sign-in sheet for bill H7916 and fill in the appropriate boxes. You also may sign in as a supporter, but not wishing to testify.

The ACLU and Demand Progress to this date have still not indicated support, despite being asked. That leaves it up to us, People. If you possibly can, please come to the hearing in support of NOT allowing the federal government to kidnap us, our families, and friends.

I will also be posting a new link with an email template you can send if you can’t make it in person.

Judicial Committee Calendar: http://status.rilin.state.ri.us/documents/agenda-8450.aspx

Bill Text: http://www.rilin.state.ri.us/BillText/BillText12/HouseText12/H7916.pdf

 

Update 3/14/12

Having conversations today with members of leadership and major ‘players’ in the Rhode Island House, I received positive comments about the possibility of the anti-NDAA resolution moving out of the House Committee on the Judiciary. I will let you know when the hearing is coming up!

NDAA Lawsuit Gains Steam (But Obama Can Still Imprison You For Life)

Update on lawsuit by journalist David Seaman.

Follow David: http://www.twitter.com/d_seaman
Google+: http://profiles.google.com/dseaman – New updates on the NDAA lawsuit, possibly our last chance to stop the NDAA’s imprisonment of American citizens without trial.

 

Libertarian Party applauds Virginia legislators for passing bill to stop NDAA; calls on policymakers to follow suit

 By Newsroom America Feeds at 8 Mar 19:40

Libertarian Party Chair Mark Hinkle released the following statement today: “The Libertarian Party applauds the efforts of Delegate Bob Marshall and the Virginia General Assembly for passing HB 1160 which prevents Virginia’s state and local government agencies from cooperating with the federal government in the indefinite detention of Virginians under the National Defense Authorization Act of 2012 (“NDAA”). “The draconian National Defense Authorization Act is an offensive against American citizens. It authorizes the President and the military to arrest and detain American citizens indefinitely, without charges, without the chance to confront their accusers, without legal counsel, and without a trial.” “We call for Governor McDonnell to immediately sign this bill into law.” “We further call on members of every state legislature and every governor to follow suit and pass similar legislation.” “We further call on every 2012 presidential candidate, every congressional candidate, and every U.S. Senate candidate to assert their unwavering opposition to NDAA and to vow to repeal it if elected.” Delegate Bob Marshall’s Press Release

GET INVOLVED: Paid for by the Libertarian National Committee 2600 Virginia Ave, N.W. Suite 200, Washington D.C. 20037 Content not authorized by any candidate or candidate committee.

Rhode Island Anti-NDAA Resolution Update.

Hello Folks,

Good news and a bit of mediocre. Today the Rhode Island resolution in opposition to the sections of NDAA of 2012 was submitted on the House floor today with 43 co-sponsors. (Only 38 yea votes are required for passage.) The moment was briefly spoiled when I was handed a letter from Steve Brown, the Executive Director of the Rhode Island chapter of the ACLU that stated he was opposed to the resolution. The reason given is that “the National ACLU has drafted its own resolution condemning the NDAA and is encouraging local affiliates to support versions of that [italics mine] one instead of the many alternative ones that are floating around.” A copy of the letter, and in my reading, flaccid draft, is available upon request.

The ACLU has proven themselves in this action to be nothing more than an ego-centric, partisan, disruption in what should be a matter that beckons all American’s support. It’s not about “look at me”. It’s about the Constitution and Freedom for all. More info soon.

 

Sign Me,

Disgusted

A brief legal (and mildly political) analysis of the NDAA

A brief legal (and mildly political) analysis of the NDAA

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NDAA section 1022(a)(1)-(2) requires the president to detain members of al-Qaeda, the Taliban, and individuals directly responsible for belligerent actions against the United States. Section 1022(b) specifically excludes U.S. citizens, and legal aliens for actions occurring within the United States.

Section 1021(b)(2) authorizes the President to designate persons as enemy combatants that “substantially supported” Al-Qaeda, the Taliban or “associated forces engaged in hostilities against the United States or its coalition partners.” Section 1021 is subject to abuse because it applies to vague “substantial support” for undefined “associated forces.”

Moreover, although section 1021(d) states it is not intended to limit or expand the scope of the 2001 Authorization to Use Military Force (AUMF), section 1021(b)(2)’s covered persons extend beyond the parameters of the AUMF (which was limited to those responsible for 9/11 and those who harbor them).

Did Congress and the President really expand an authorization to use military force with a multi-hundred page appropriation bill? So much for a Constitutionally-required declaration of war…

Pursuant to section 1021(c), the president may dispose of such covered persons according to the Law of War, including: 1) Indefinite detention without charge or trial, 2) Military tribunals, and 3) transfer to foreign jurisdictions or entities.

Section 1021 does not exclude U.S. citizens and legal aliens for actions occurring within the United States as section 1022(b) does. In fact, the U.S. Senate rejected an amendment by Senator Udall that would have banned the indefinite detention of U.S. citizens. Section 1021(e) merely seeks to preserve existing law and authorities pertaining to the detention of U.S. citizens, legal resident aliens, and all other persons found within the United States.

The law and authorities concerning the President’s authority to designate U.S. citizens as enemy combatants are unclear. The WWII case of Ex parte Quirin, 317 U.S. 1 (1942) authorized the president to designate as enemy combatants German saboteurs found within the U.S. In Hamden v. Rumsfeldi, 542 U.S. 507 (2004) the Supreme Court ruled that a U.S. citizen found on a foreign battlefield may be designated an enemy combatant, but is entitled to a measure of due process: at least a military hearing to determine his status as an enemy combatant (where hearsay may come in and the burden may be on the alleged enemy combatant).

The recent Fourth Circuit case of Padilla v. Hanft, 423 F.3d 386 (4th Cir. S.C. 2005) permits enemy combatant status for U.S. citizens captured within the U.S. whose actions are encompassed by the 2001 AUMF. The Supreme Court refused to review the legality of Padilla’s military detention upon Padilla’s transfer to civilian jurisdiction on the eve of Supreme Court review, with three justices sharply dissenting. Padilla v. Hanft, 547 U.S. 1062 (2006). The dissenting judges in Padilla felt strongly that the indefinite detention in Padilla was a harm capable of repetition and the case should be dealt with by the Court. Indeed, if the Supreme Court had not entertained the Bush administration’s jurisdictional hop scotch and ruled on the authority of the President to designate U.S. citizens captured in the U.S. as enemy combatants, we would have clarity on the President’s powers.

There should be no grey areas concerning our fundamental rights to liberty and due process. It ought to be clear whether U.S. citizens found within the United States may be designated as enemy combatants. Unfortunately, the Supreme Court has not offered concrete guidance on this question and has enabled the grey area the NDAA regrettably seeks to exploit. In fact, the office of President, under Bush and Obama, has asserted the ability to designate persons captured within the U.S., including U.S. citizens, as enemy combatants subject to the Law of War. Certainly, clarity from the Supreme Court is called for.

If U.S. citizens (and others) within U.S. may be designated as enemy combatants, numerous Constitutional rights and protections afforded defendants in normal criminal proceedings and trials for treason would not be present. In Boumediene v. Bush, 553 U.S. 723 (2008), our Supreme Court held that persons designated as enemy combatants for indefinite detention possess the right to a military hearing to contest their confinement, and may seek a writ of habeas corpus from the civilian courts. However, hearsay evidence is freely admissible and a preponderance of the evidence standard is sufficient for continued detention until the cessation of hostilities (although the question of whether a lesser standard of proof would be sufficient for indefinite detention has been left open). See Al-Bihani v. Obama, 590 F.3d 866 (D.C. Cir. 2010); Al Odah v. United States, 611 F.3d 8 (D.C. Cir. 2010).

Think about that: you may be indefinitely detained based on hearsay that proves you were more likely than not an enemy combatant. No proof beyond a reasonable doubt or even clear and convincing evidence is needed to indefinitely keep you incarcerated. Such “enemy combatants” do not have the right to a jury of peers, whether for continued indefinite detention or ultimately, at a military tribunal. These military proceedings deny our most fundamental rights enshrined in the 4th 5th 6th and 14th Amendments to the Constitution, subvert civilian authority to the military, and strike at the very heart of who we are as Americans. Section 1021′s authorization to transfer persons to foreign jurisdictions, outside the reach of our Courts, is perhaps the most disconcerting. The fundamental rights possessed by a U.S. citizen, or other person, captured in the U.S. and transferred to a foreign jurisdiction, are entirely unclear.

Although President Obama signed the NDAA, he issued a signing statement expressing serious reservations: “I have signed this bill despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists. . . . I want to clarify that my Administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a Nation.” However, neither President Obama, nor his successor, are bound by this signing statement. And Obama mentions nothing about military tribunals or transfer to foreign jurisdictions of persons found within the U.S..

One must certainly question the President’s judgment: why would he sign the NDAA if he was cognizant of the grave implications to the Constitutional rights of persons within the U.S.? There is probably nothing more deserving of a Presidential veto than the NDAA! Given that Senator Carl Levin admitted on the floor of the Senate that the President demanded section 1021 apply to U.S. citizens, Obama’s signing statement is nothing more than politician double-speak. While every American should feel insulted by such underhanded political gamesmanship, the members of the armed forces have the double-affront of also being funded by a bill that purports to shred the very Constitution they have sworn their lives to protect.

Blake Filippi [send him email] is the director of the Rhode Island Liberty Coalition, a constitutional attorney and the author of resolutions opposing NDAA detention provisions being introduced around the country. Visit RI Liberty online at www.riliberty.com.

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