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RUSH: REGIME GRABS POWER TO DETAIN US CITIZENS
www.RushLimbaugh.com ^ | Jan 3, 2012 | Rush Limbaugh

Posted on 01/03/2012 3:21:42 PM PST by Yosemitest


January 03, 2012m paraphrasing the signing statements but that January 03, 2012m paraphrasing the signing statements but thatbrm paraphrasing the signing statements but that

January 03, 2012li


TOPICS: Editorial
KEYWORDS: 1031; 2012; 2012election; absolutedespotism; bhofascism; bhotreason; bhotyranny; bloodoftyrants; communism; communist; corruption; cwii; defensebill; democrats; dictator; donttreadonme; elections; freedom; govtabuse; liberalfascism; lie; longtrainofabuses; loss; lping; military; ndaa; nobama2012; obama; obamatruthfile; policestate; possecomitatus; rapeofliberty; rushlive; slavery; tyranny; unconstituional; unconstitutional; usurpations; waronliberty
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Thanks Rush.

Thanks to Michael Savage for bringing this up on his Radio Show Monday Night on "The Savage Nation".

Please read Hitler / Obama Comparisons: Is Barack Obama Like Adolf Hitler or The Nazis? from Thursday, August 27, 2009 by W. E. Messamore.
1 posted on 01/03/2012 3:21:46 PM PST by Yosemitest
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To: Yosemitest

Yep. Not only did Obama lie when he said he was going to close Gitmo.

Now we shall see AMERICAN CITIZENS being sent there.

Brave New World, folks. The next 4 years will make the previous 4 seem like a Sunday school picnic.


2 posted on 01/03/2012 3:26:40 PM PST by Responsibility2nd (NO LIBS! This means liberals AND libertarians (same thing) NO LIBS!)
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To: Yosemitest

Who brewed this one up?

Surely it can’t be the same clique that clamored for foreign terrorists in Gitmo to be seen in court?

This has got to fail. It’s a suspension of habeas corpus for Americans.


3 posted on 01/03/2012 3:28:43 PM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: Yosemitest

Scary stuff indeed.


4 posted on 01/03/2012 3:29:49 PM PST by Deo volente (God willing, America will survive this Obamination.)
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To: Responsibility2nd; Yosemitest

So who’s gonna be the first Republican Candidate to make some political hay by promising to repeal this? Any guesses?


5 posted on 01/03/2012 3:30:38 PM PST by ngat
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To: Yosemitest

Except this is not really true, there is nothing govt can do under NDAA 2012 that it couldnt already do under the combined provisions of the Patriot Act and AUMF of 2001. It does not expand the scope and the provisions 1031, 1032 and 1033 do not give the govt new power to detain US authorities based on suspicion of terrorism. If you say so, than it suggests your understanding of existing law is not there. If this was passed before Bush, you know full well he would have signed it. I really hope that those who are in such hysterics over the notion that NDAA 2012 helps create a police state were at least somewhat against the Patriot Act and the AUMF 2001 and didnt just wholeheartedly cheer it on.

http://www.lawfareblog.com/2011/12/ndaa-faq-a-guide-for-the-perplexed/

Does the NDAA expand the government’s detention authority?
Nope. Under current law, the Obama administration claims the authority to detain:

persons that the President determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, and persons who harbored those responsible for those attacks. The President also has the authority to detain persons who were part of, or substantially supported, Taliban or al-Qaida forces or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act, or has directly supported hostilities, in aid of such enemy armed forces.

That claim of authority is based on the Authorization for Use of Military Force (“AUMF”) passed by Congress shortly after the September 11 attacks, as informed by the law of war. The Bush Administration previously claimed very similar authority, albeit invoking not just the AUMF but also the inherent power of the President under Article II of the Constitution. In any event, such claims have been subjected to judicial challenge repeatedly, most commonly in the context of the Guantanamo detainee habeas litigation. As we explain below, the courts have had a decidedly mixed reaction in the pair of cases involving persons captured within the United States, but as for persons captured abroad, they have largely endorsed the government’s position. The D.C. Circuit, in fact, has tentatively adopted a definition of the class detainable under the AUMF that is, if anything, broader than what the administration seeks. While the administration–and now Congress–would detain only on the basis of “substantial support,” the D.C. Circuit has articulated a standard which would permit detention of those who “purposefully and materially support” the enemy, even if not substantially.

In light of all this, a law that writes the administration’s successful litigating position into statute cannot reasonably be said to expand the government’s detention authority. In fact, to the extent that the new statutory language will preempt the arguably broader D.C. Circuit definition, it may actually narrow it–if only very slightly. So let’s compare the language of the administration’s claimed authority (quoted above) to the language of the NDAA:

(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.

(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.

They are almost verbatim the same. The NDAA is really a codification in statute of the existing authority the administration claims. It puts Congress’s stamp of approval behind that claim for the first time, and that’s no small thing. But it does not–notwithstanding the widespread belief to the contrary–expand it. Nobody who is not subject to detention today will become so when the NDAA goes into effect.

The one area in which the NDAA could theoretically be said to expand detention authority involves people held on the basis not of membership in an enemy group but mere support for one. As noted above, the government has long claimed this authority already, and the DC Circuit has in fact endorsed a slightly broader formulation. But so far, anyway, it has done so in dicta only–that is, not in any case where the fact pattern actually depended on the resolution of that issue. In theory, then, the circuit (or the Supreme Court) might at some point have concluded that support alone is insufficient to support a detention. The NDAA will ensure that this does not happen by making clear that independent support does count as a ground for detention (or at least it will do so as a matter of statutory interpretation; in theory, the door would remain open to some form of constitutional challenge, though it is difficult to see how that would work). So even as it marginally narrows the detainable class, the NDAA also tends to ensure that courts will not narrow the scope of that class further.


6 posted on 01/03/2012 3:30:52 PM PST by emax
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To: Responsibility2nd

Dems have already called Tea Partiers domestic terrorists, hell right wing extremism was even labeled in memos as terrorists. Obama on record has said he will rule by Executive Order if he has too, now he can detain anyone he wants too. My friends we are under a defacto dictatorship.


7 posted on 01/03/2012 3:31:17 PM PST by eak3
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To: HiTech RedNeck

The govt has already reserved the right to suspend Habeus Corpus in certain cases, so there isnt a lot of new stuff here in that department.


8 posted on 01/03/2012 3:32:49 PM PST by emax
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To: emax

Thank you... but still I think it’s time to re-read “One Day in the Life of Ivan Denisovich.”


9 posted on 01/03/2012 3:33:32 PM PST by Winstons Julia (Hello OWS? We don't need a revolution like China's; China needs a revolution like OURS.)
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To: ngat

The questuion is, do any of them know about it?


10 posted on 01/03/2012 3:35:04 PM PST by dforest
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To: HiTech RedNeck

And it was brewed by a mixture of liberal and genuinely conservative members of Congress. In fact, almost all Republicans, sans Ron Paul and Kirk, supported it too.


11 posted on 01/03/2012 3:35:17 PM PST by emax
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To: emax

If the shoe were on liberals’ foot, they’d be screaming to the Supreme Court with their motions to pre-empt the law. So when liberals stuff it on conservatives’ foot, they do... nothing? I can’t believe this is going without a whimper, except for Rush Limbaugh’s jeremiad. Where is the legal fund to fight this?


12 posted on 01/03/2012 3:36:28 PM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: indylindy

questuion=question, oops


13 posted on 01/03/2012 3:36:43 PM PST by dforest
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To: emax

The GOP really believed Obama when he said he wouldn’t use this B.S. against them? Obama complains it ain’t quite ideal... I don’t believe that. He snickered all the way to his signing desk in his jackboots.


14 posted on 01/03/2012 3:38:22 PM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: eak3

Homeland considers almost all of middle America to be terrorist suspects. If you are evangelical, if you store food, if you don’t like homo’s...This is scary because the current admins definition of a terrorist is truly broad.


15 posted on 01/03/2012 3:38:27 PM PST by formosa (Formosa)
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To: emax

>> Except this is not really true <<

Looks as if Rush has joined the tinfoil-hat gang. He ought to leave this kind of nutty stuff to Alex Jones and Michael Savage. Very sad to see what appears to be the decline into irrelevance of a once-great man.


16 posted on 01/03/2012 3:40:06 PM PST by Hawthorn
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To: Yosemitest
I am literally astounded that my friends think I've gone off the deep end when I try to educate them on what this all about. I shouldn't be surprised really. So many of them thought 'Dubya' Bush was Christ himself reincarnated but finally realized in the end that he wasn't. The very same ones now think that Obama would never try this in America, that Americans wouldn't let him get away with it.

I told some them to go hide and watch. The new FEMA camps will be busting at the seams IMO not long after the Obaummer starts his crackdown on us conservative dissidents. Heil Obama!

17 posted on 01/03/2012 3:40:25 PM PST by Ron H. (We are witnessing the beginning of the end!!)
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To: emax

So he don’t need no stupid law to do that. Then why pass this supposedly redundant turd upon the land?


18 posted on 01/03/2012 3:40:29 PM PST by HiTech RedNeck (Sometimes progressives find their scripture in the penumbra of sacred bathroom stall writings (Tzar))
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To: Yosemitest

Rand Paul stood against it.


19 posted on 01/03/2012 3:40:35 PM PST by Theophilus (Not merely prolife, but prolific)
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To: eak3

Will Tea Partiers have the guts to show up at rallys this election ?


20 posted on 01/03/2012 3:41:56 PM PST by maddogtiger
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