The McCain-Lieberman Police State Act
Friday, 26 March 2010
It comes down to "the rule of law or the rule of fear." Protecting American citizens and national security is one thing. Discarding core legal principles to do it reflects the worst elements of police state justice.
If enacted, it will advance what this writer addressed in a December 2007 article titled, "Police State America - A Look Back and Ahead," covering numerous Bush administration laws, Executive Orders (EOs), National and Homeland Security Presidential Directives, edicts, and various illegal acts targeting designated domestic and foreign adversaries, dissent, civil liberties, human rights, and other democratic freedoms.
Straightaway post-9/11, George Bush signed a secret finding empowering the CIA to "Capture, Kill or Interrogate Al-Qaeda Leaders." He also authorized establishing a covert global gulag to detain and interrogate them without guidelines on proper treatment.
Other presidential directives ordered abductions, torture and indefinite detentions. In November 2001, Military Order Number 1 empowered the Executive to capture, kidnap or otherwise arrest non-citizens (and later citizens) anywhere in the world for any reason and hold them indefinitely without charge, evidence, due process or judicial fairness protections of law.
The 2006 Military Commissions Act authorized torture and sweeping unconstitutional powers to detain, interrogate and prosecute alleged suspects and collaborators (including US citizens), hold them (without evidence) indefinitely in military prisons, and deny them habeas and other legal protections.
Section 1031 of the FY 2010 Defense Authorization Act contained the 2009 Military Commissions Act, listing changes that include discarding the phrase "unlawful enemy combatant" for "unprivileged enemy belligerent." More on that below.
Seamlessly, Obama continues Bush administration practices and added others, including:
Now, the March 4 S. 3081: Enemy Belligerent, Interrogation, Detention, and Prosecution Act of 2010 to interrogate and detain "enemy belligerents who commit hostile acts against the United States to establish certain limitations on the prosecution of such belligerents, and for other purposes."
On the Senate floor, John McCain explained it, saying "we still don't have a clear mechanism, legal structure, and implementing policy for dealing with terrorists who we capture in the (alleged) act of trying to bring about attacks on the United States and our national security interests at home and abroad."
These suspects have no right to "Miranda warnings and defense lawyers. Instead, the priority and focus must be on isolating and neutralizing the immediate threat and collecting intelligence to prevent" any attacks.
"I (also) believe we must establish a system for long-term detention of terrorists who are too dangerous to release, but who cannot be tried in a civilian court" because no evidence exists to convict them.
At a March 4 press conference, Senator Joe Lieberman told reporters:
S. 3081 Provisions
The bill imposes harsh police state measures, including:
Pending final determination, detainees "shall be treated as unprivileged enemy belligerent(s)," defined as:
Designating individuals "unlawful enemy combatants" or "unprivileged enemy belligerents" places them in legal limbo, contrary to international law, the Constitution, and three recent Supreme Court decisions:
Obama-ordered preventive detentions (against uncharged persons) and S. 3081 violate international law, the Constitution, and the above Supreme Court decisions.
Writing for the Jurist Legal News & Research, University of Utah Law Professor, Amos Guiora, calls the proposed bill "the latest example of panic-based legislation" in the wake of the (false flag) December airplane bombing and whether alleged 9/11 suspects will be tried in federal or military courts - Khalid Sheikh Mohammed and others falsely charged based on tortured-extracted confessions.
Holding detainees through "end of hostilities in the terrorism paradigm is a euphemism for indefinite detention....subject(ing) an extraordinarily broad group of persons" to cruel and inhumane treatment based on unsubstantiated charges, and denying them due process and judicial fairness.
Guiora calls the proposed law:
As a result, innocent victims are unjustly arrested, called terrorists, interrogated, tortured, indefinitely detained and denied all rights despite constitutional and international law protections.
The major media also. Their reports hype the threat, pre-determine guilt, and influence public opinion to believe government-charged individuals are dangerous, guilty, and should be confined to deter "terrorism."
Yet the Constitution's Fifth Amendment states:
The 14th Amendment reads:
Yet in a climate of fear and intimidation, everyone is potentially vulnerable to legislative lawlessness if congressional timidity lets S. 3081 pass in an election year.
According to Guiora, it comes down to "the rule of law or the rule of fear." Protecting American citizens and national security is one thing. Discarding core legal principles to do it reflects the worst elements of police state justice.
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