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McCain proposes Indefinite Detention Without Trial for Citizens
THE NEW AMERICAN ^ | 4/18/2011 | Thomas R. Eddlem

Posted on 05/24/2011 8:09:39 AM PDT by ExSoldier

Senator John McCain (R-Ariz.) has introduced a bill that would allow the President to imprison an unlimited number of American citizens (as well as foreigners) indefinitely without trial. Known as The Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010, or S. 3081, the bill authorizes the President to deny a detainee a trial by jury simply by designating that person an “enemy belligerent.”

The bill, which has eight cosponsors, explicitly names U.S. citizens as among those who can be detained indefinitely without trial:

An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent ... may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged, or which the individual has purposely and materially supported, consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities. [Emphasis added.]

~SNIP~


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KEYWORDS: mccain
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Okay, this came out about a month ago, but I JUST saw it. Don't know if it was posted here or not, but even if it was, it bears a repetition. I don't know what scares me more: The legislation itself or the fact that any republican (RINO or not) would offer THIS regime so much raw power and couch it in a bipartisan manner. Think of the ramifications!
1 posted on 05/24/2011 8:09:43 AM PDT by ExSoldier
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To: Travis McGee
CW2 PING.
2 posted on 05/24/2011 8:10:36 AM PDT by ExSoldier ("Life without God is like an unsharpened pencil: It has no point.")
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To: ExSoldier

American citizens deserve the full protections and rights guaranteed in the COTUS. I just can’t understand how this can pass Conjstitutionalo muster.


3 posted on 05/24/2011 8:12:16 AM PDT by swain_forkbeard (Rationality may not be sufficient, but it is necessary.)
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To: ExSoldier

Funny thing. McCain might have been worse for the US long term than Obama.


4 posted on 05/24/2011 8:14:33 AM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: ExSoldier

The mind reels.

Only a RINO could put forth such an abomination, and get away with it.


5 posted on 05/24/2011 8:14:50 AM PDT by Old Sarge (Marking time on the government's dime...)
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To: ExSoldier
Patently unconstitutional. But with the Socialist majority on SCOTUS I wouldn't count on such a law being overturned. The implications of this bill are calamitous, especially with the Obama Regime in place.

Lamh Foistenach Abu!
6 posted on 05/24/2011 8:15:20 AM PDT by ConorMacNessa (HM/2 USN, 3/5 Marines, RVN '69 - St. Michael the Archangel, defend us in battle!)
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To: ExSoldier

SEC. I
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That if any persons shall unlawfully combine or conspire together, with intent to oppose any measure or measures of the government of the United States, which are or shall be directed by proper authority, or to impede the operation of any law of the United States, or to intimidate or prevent any person holding a place or office in or under the government of the United States, from undertaking, performing or executing his trust or duty; and if any person or persons, with intent as aforesaid, shall counsel, advise or attempt to procure any insurrection, riot. unlawful assembly, or combination, whether such conspiracy, threatening, counsel, advice, or attempt shall have the proposed effect or not, he or they shall be deemed guilty of a high misdemeanor, and on conviction, before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding five thousand dollars, and by imprisonment during a term not less than six months nor exceeding five years; and further, at the discretion of the court may be holden to find sureties for his good behaviour in such sum, and for such time, as the said court may direct.

SEC. 2.
And be it further enacted, That if any person shall write, print, utter or publish, or shall cause or procure to be written, printed, uttered or publishing, or shall knowingly and willingly assist or aid in writing, printing, uttering or publishing any false, scandalous and malicious writing or writings against the government of the United States, or either house of the Congress of the United States, or the President of the United States, with intent to defame the said government, or either house of the said Congress, or the said President, or to bring them, or either of them, into contempt or disrepute; or to excite against them, or either or any of them, the hatred of the good people of the United States, or to excite any unlawful combinations therein, for opposing or resisting any law of the United States, or any act of the President of the United States, done in pursuance of any such law, or of the powers in him vested by the constitution of the United States, or to resist, oppose, or defeat any such law or act, or to aid, encourage or abet any hostile designs of any foreign nation against the United States, their people or government, then such person, being thereof convicted before any court of the United States having jurisdiction thereof, shall be punished by a fine not exceeding two thousand dollars, and by imprisonment not exceeding two years.

The Alien and Sedition Acts of July 14, 1798

Mr. McCain already has appropriate text written for him.

The Quisling.

7 posted on 05/24/2011 8:15:35 AM PDT by markomalley (Nothing emboldens the wicked so greatly as the lack of courage on the part of the good-Pope Leo XIII)
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To: swain_forkbeard
I just can’t understand how this can pass Conjstitutionalo muster.

It can't. You're looking at administrative law. Sh*t slathered on top of the Constitution to use when the Constitution is inconvenient to their purpose.

8 posted on 05/24/2011 8:16:34 AM PDT by tisket ("So many guns around town and so few brains." - Humphrey Bogart in "The Big Sleep")
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To: ExSoldier

You would think that a guy who spent time in the Hanoi Hilton would know better...but perhaps that experience only taught him how useful such tactics could be if he was the one controlling the reins of power. Shameful. It’s shameful that anyone here criticized solid conservatives for not voting for McCain in 2008, and it’s shameful that the citizens of Arizona would return an enemy of the constitution who is Obama’s equal in every respect except rhetoric to the Senate.


9 posted on 05/24/2011 8:17:42 AM PDT by Yet_Again
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To: markomalley

Good analogy re Alien and Sedition Acts. Back to the Future!!

How on earth is this constitutional?


10 posted on 05/24/2011 8:18:03 AM PDT by rockvillem
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To: tisket
This is the same McCain who blanches at the thought of pouring water on a terrorist, right?

That McCain?

Hmmmmm, illuminating...

11 posted on 05/24/2011 8:19:37 AM PDT by null and void (We are now in day 852 of our national holiday from reality. - OBL Dead? The TSA can go away!)
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To: ExSoldier
Enemy Belligerent! Obambi's crowd would label just about all of us as such. Good Lord! McCain doesn't want to abuse terrorists, but wants to indefinitely incarcerate citizens? Go away McLame...forever!

Mike

12 posted on 05/24/2011 8:19:45 AM PDT by MichaelP (The ultimate result of shielding men from the effects of folly is to fill the world with fools ~HS)
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To: ExSoldier

So the old buzzard has decided anybody arguing with him is “belligerant”? Wait until he can use that on any of his electoral opponents!!


13 posted on 05/24/2011 8:20:22 AM PDT by mo ("If you understand, no explanation is needed; if you do not, no explanation is possible")
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To: ExSoldier

It is good conservatives are finally waking up. Unfortunately, they were silent when Bush called for ending habeas corpus for an American citizen, Jose Padilla.


14 posted on 05/24/2011 8:20:34 AM PDT by Captain Kirk
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To: ExSoldier

Looks like more “creative legislation” by McLame.
Like all big gov types his brain only works on one channel:
figuring out new ways to fine, punish, and intimidate.


15 posted on 05/24/2011 8:21:08 AM PDT by supremedoctrine (BURMA SHAVE! (Sorry you missed the previous four taglines))
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To: redgolum
Funny thing. McCain might have been worse for the US long term than Obama.

Hilarious.

Thank God the republicans have open primaries, otherwise they might get a real patriot to run in the main election...

16 posted on 05/24/2011 8:21:34 AM PDT by null and void (We are now in day 852 of our national holiday from reality. - OBL Dead? The TSA can go away!)
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To: rockvillem
How on earth is this constitutional?

In the words of President Andrew Jackson, John Marshall has made his decision: now let him enforce it!

If the executive and the legislative are both made up of scoundrels, does it matter whether the bill is constitutional or not?

17 posted on 05/24/2011 8:22:02 AM PDT by markomalley (Nothing emboldens the wicked so greatly as the lack of courage on the part of the good-Pope Leo XIII)
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To: ExSoldier

Thanks Arizona, JD would have been much better.


18 posted on 05/24/2011 8:23:15 AM PDT by CPT Clay (Pick up your weapon and follow me.)
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To: ExSoldier

The irony would be if 0bama were to sign it and then end up being held indefinitely under the same law for being a usurper and a traitor.


19 posted on 05/24/2011 8:23:18 AM PDT by Two Kids' Dad ((((( )))))
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To: supremedoctrine
Like all big gov types his brain only works on one channel: figuring out new ways to fine, punish, and intimidate.

Sometimes it's on the spend, tax, regulate and control spur...

20 posted on 05/24/2011 8:23:49 AM PDT by null and void (We are now in day 852 of our national holiday from reality. - OBL Dead? The TSA can go away!)
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