Posted on 11/28/2011 7:45:02 AM PST by jmaroneps37
As early as today the Senate could vote to strip us our 6th Amendment rights!
In a move that would make Joseph Stalin proud, Arizona Senator John McCain has joined Michigan’s Carl Levin in crafting a section of a bill designed to take away our rights to face an accuser and have a fair trial before being placed in prison.
A section of S. 1867 The National Defense Authorization Act bill, written by McCain and Levin would in effect give the President arrest powers. “… authorize the Chief Executive to order our military personnel to forcibly- if necessary- take any one, regardless of guilt or innocence, into custody without charges or a trial.
These “McCain – Levin” detainees could be held indefinitely with no due process or speedy trial.
As if this sneaky piece of garbage was not bad enough cowardly McCain and Levin pushed this bill through a Senate Committee in total secrecy with no public hearings or “leaks”….
Not a single Republican Senator brought this gross violation of our 6th Amendment rights to light. All of these feckless quislings turned their back on guarantees Americans have fought and died for over the past 236 years.
“…the 6th Amendment …..
“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.”
What part of this wonderful document don’t these jerks understand?...
The saddest thing…..
(Excerpt) Read more at senate.gov ...
3 SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY. 4 (a) CUSTODY PENDING DISPOSITION UNDER LAW OF 5 WAR.— 6 (1) IN GENERAL.—Except as provided in para7 graph (4), the Armed Forces of the United States 8 shall hold a person described in paragraph (2) who 9 is captured in the course of hostilities authorized by 10 the Authorization for Use of Military Force (Public 11 Law 107–40) in military custody pending disposition 12 under the law of war. 13 (2) COVERED PERSONS.—The requirement in 14 paragraph (1) shall apply to any person whose de15 tention is authorized under section 1031 who is de16 termined— 17 (A) to be a member of, or part of, al- 18 Qaeda or an associated force that acts in co19 ordination with or pursuant to the direction of 20 al-Qaeda; and 21 (B) to have participated in the course of 22 planning or carrying out an attack or attempted 23 attack against the United States or its coalition 24 partners. 1 (3) DISPOSITION UNDER LAW OF WAR.—For 2 purposes of this subsection, the disposition of a per3 son under the law of war has the meaning given in 4 section 1031(c), except that no transfer otherwise 5 described in paragraph (4) of that section shall be 6 made unless consistent with the requirements of sec7 tion 1033. 8 (4) WAIVER FOR NATIONAL SECURITY.—The 9 Secretary of Defense may, in consultation with the 10 Secretary of State and the Director of National In11 telligence, waive the requirement of paragraph (1) if 12 the Secretary submits to Congress a certification in 13 writing that such a waiver is in the national security 14 interests of the United States.
(b) APPLICABILITY TO UNITED STATES CITIZENS AND LAWFUL RESIDENT ALIENS.— (1) UNITED STATES CITIZENS.—The requirement to detain a person in military custody under this section does not extend to citizens of the United States. (2) LAWFUL RESIDENT ALIENS.—The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.
3 (c) IMPLEMENTATION PROCEDURES.— 4 (1) IN GENERAL.—Not later than 60 days after 5 the date of the enactment of this Act, the President 6 shall issue, and submit to Congress, procedures for 7 implementing this section. 8 (2) ELEMENTS.—The procedures for imple9 menting this section shall include, but not be limited 10 to, procedures as follows: 11 (A) Procedures designating the persons au12 thorized to make determinations under sub13 section (a)(2) and the process by which such 14 determinations are to be made. 15 (B) Procedures providing that the require16 ment for military custody under subsection 17 (a)(1) does not require the interruption of ongo18 ing surveillance or intelligence gathering with 19 regard to persons not already in the custody or 20 control of the United States. 21 (C) Procedures providing that a determina22 tion under subsection (a)(2) is not required to 23 be implemented until after the conclusion of an 24 interrogation session which is ongoing at the 25 time the determination is made and does not 1 require the interruption of any such ongoing 2 session. 3 (D) Procedures providing that the require4 ment for military custody under subsection 5 (a)(1) does not apply when intelligence, law en6 forcement, or other government officials of the 7 United States are granted access to an indi8 vidual who remains in the custody of a third 9 country. 10 (E) Procedures providing that a certifi11 cation of national security interests under sub12 section (a)(4) may be granted for the purpose 13 of transferring a covered person from a third 14 country if such a transfer is in the interest of 15 the United States and could not otherwise be 16 accomplished. 17 (d) EFFECTIVE DATE.—This section shall take effect 18 on the date that is 60 days after the date of the enactment 19 of this Act, and shall apply with respect to persons de20 scribed in subsection (a)(2) who are taken into the custody 21 or brought under the control of the United States on or 22 after that effective date.
Read this one:
The US Senate is About to Declare War on Freedom and the American People
http://lonestarwatchdog.blogspot.com/2011/11/i-see-us-senate-is-about-to-declare-war.html
Unless I’m misreading it, military detention is not applicable to US citizens or legal residents.
I always look at a bill like this by ignoring the specific arguments made using examples.
What I worry about is how this could be used, bent, tweeked and molded to use for other than the examples stated.
Because that is probably the intent planned.
That's a big problem. Literate people can't understand what they are saying here. If citizens can't understand their own laws what hope is there for us?
I agree. Seems like this law is simply affirming the law that currently exists. It also sends a message to Obama and liberal judges to not over-step their powers.
I guess if you spend enough time in a Communist POW camp some of their ideas do get planted in your mind.That's what I've always thought about McCain... that the brainwashing actually worked.
Rationally, it would mean entities which have specifically associated with (that is, having had communication, meetings, common specific goals/plans/projects, active support, etc.) AQ or the Taliban. Not just “similarly pissed off at the US government”.
I think McStain has gone over the hill. There is something seriously effing wrong with the guy and I just thank God we didn’t elect him president. I think he would love to see the military take over and he would be the General.
Unsure what you mean.
If you believe I am misreading it, please explain why.
My point is you aren’t sure yourself what you read.
Why in the hell do they need to affirm an existing law? What unspoken entity need to be reminded of it?
Do you think it would impress a liberal judge that the same law is passed twice?
OK, thats pretty close to what I would say. OTOH do you really believe thats how the pols in DC will define it? In my view it isn;t a given. They’ll define it however they please to suit their agenda de jour. Remember if they get their way then its their defn which prevails w/o any further review. How are you seeing this as not a bad thing??
The problem is that anyone could be picked up as an “associated entity”, no questions asked. This one could be a problem.
But if you are arrested under these rules, where is your chance to proclaim that you are a US citizen? It doesn't sound like you will get to a lawyer anytime soon. And as long as the LEO states that you aided Al-Queda, you are stuck without a trial to prove otherwise.
Mail Online: Flying proudly over the birthplace of Libya's revolution, the flag of Al Qaeda
To anyone awake that has a basic knowledge of history it is patently obvious that this police state is being constructed to contain and control the Americans people. They are going to be mightily P.O.'ed when they find out that the Banksters have stolen their wealth, their liberty, and their futures.
I’m sorry, but I just don’t see any major changes here from existing law.
AFAIK there is no present procedure in the law of a formal hearing to determine whether a person arrested is a citizen or not. Certainly not a trial to determine this rather minor point.
Certainly LEOs or military can ignore or evade aspects of this law, but I fail to see how this is any different from the present condition, where they can do exactly the same.
Then why in the world are they going through the exercise? They have nothing better to do than re pass existing laws?
Don’t get me wrong: I don’t think it’s particularly necessary; however, whatever you think of McCain and Graham, they’re both veterans who are highly unlikely to have the motives being ascribed to them (eeevil manipulators who are intentionally inserting a double-secret violation of constitutional rights).
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