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NOTE FROM STEWART RHODES: Below is an urgent alert from the John Birch society regarding Senate Bill 1867, the Defense Authorization Act of 2012, which will give clear congressional support and authorization for indefinite military detention and military trial of American citizens. If passed, this will amount to a declaration of war against the American people, authorizing the Obama Administration and all future administrations to treat Americans the same as citizens of occupied Iraq or Afghanistan, subjecting us all to military jurisdiction and the jurisdiction of the international laws of war, rather than our Bill of Rights and our domestic criminal laws, upon the mere say so of Obama or one of his minions.
I will send that article out shortly, but please act now to put some serious pressure on your Senators to stop the detention provisions in S. 1867. We are now very nearly at the point where all that will save liberty in America is another American Revolution. This bill, if it becomes law, will shove us across that line, placing us in almost exactly the same position our forefathers were in when they were forced to take up arms in defense of their liberty in 1775. If you wish to avoid that, you must stop this bill from becoming law, right now.
- Stewart Rhodes, Founder of Oath Keepers Stop Indefinite Detention of U.S. Citizens Without Due Process Immediate action required! Deep inside the National Defense Authorization Act (S. 1867) that the Senate is currently considering is a dangerous and unconstitutional portion that needs to be stripped out. Congress would grant the President the power to use the military in order to detain certain individuals, including American citizens, without trial or due process, indefinitely.
Section 1031 of the National Defense Authorization Act reads: “Congress affirms that the authority of the President to use all necessary and appropriate force … includes the authority for the Armed Forces of the United States to detain covered persons…. [including] [d]etention under the law of war without trial….” This “indefinite detention” section hands over to the Executive Branch the power to have the military arrest U.S. citizens. No trial needed. Simple suspicion would suffice.
This could be quite reminiscent of Stalinist Russia where a knock on the door in the middle of the night meant that the person taken by the military was often never seen again, perhaps having been imprisoned in Siberia or executed. The Japanese American Citizens League has warned that this measure’s detention principles are similar to the ones that sent innocent Japanese-Americans into concentration camps during WW II. Sadly, this bill has already been passed in the Republican-controlled House of Representatives with nary a whimper by a 322-96 vote.
The excuse given for such an egregious disregard for the Constitution by supporters of the bill including authors Senators John McCain (R- Ariz.) and Carl Levin (D-Mich.) is that the provision would strengthen and codify the legal framework necessary for dealing with “terrorists.” Other supporters insist that the language doesn’t necessarily include American citizens. U.S. Rep. Justin Amash (R-Mich.) who voted against the bill in the House, thinks differently.
Amash says the act would indeed “permit the federal government to indefinitely detain American citizens on American soil, without charge or trial, at the discretion of the President.” He notes that the language “does not preclude U.S. citizens from being detained indefinitely, without charge or trial, it simply makes such detention discretionary,” therefore it is misleading and outrageous. Sen. Rand Paul (R-Ky.) is speaking out in opposition to the “indefinite detainment” provision of S. 1867. He is also offering an amendment that would simply strike out Section 1031 of the bill.
As this alert is being written on November 29, the Senate is debating S. 1867 and could vote on the Paul amendment this evening or tomorrow, November 30. A related amendment by Senator Udall to revise the detainee provisions of S. 1867 has already been defeated today by a vote of 37 yeas and 61 nays. Indefinite detention without due process leaves citizens without the legal protection of the Constitution and strikes at the heart of the essence of U.S. law.
It is positively shameful that any elected representative would even consider voting for such an assault on so sacred a fundamental value as the right to due process. Far too much power has already been either usurped or given over to the Executive Branch under the guise of national security.
Contact your Senators immediately and demand that they safeguard individual freedom and liberty by upholding the protections guaranteed by the Bill of Rights. Have them support the Rand Paul amendment that would completely strike Section 1031 from S. 1867, or any other amendment that would accomplish the same purpose. If one or more amendments are added to S. 1867, it will likely go to a conference committee and then return to both the House and the Senate for a final vote. So, a word to your Representative on this issue is also advised. Make sure you find out how he or she voted on the NDAA before getting in touch.
President Barack Obama has personally appealed to lawmakers for changes in a sweeping defense bill that would mandate military custody for some captured terrorism suspects, saying he needs greater flexibility to prosecute the war on terror, administration and congressional officials said Friday.
The president has led a full-court press this week by his senior national security team, including Secretary of State Hillary Rodham Clinton, Defense Secretary Leon Panetta and FBI Director Robert Mueller, in asking for revisions to the bill as House and Senate negotiators move swiftly to complete a final version. The White House has threatened a veto of the legislation over provisions requiring military custody for captured terrorism suspects as well as other restrictions on executive authority.
Obama spoke to Senate Armed Services Committee Chairman Carl Levin, D-Mich. Clinton and Panetta also spoke to Levin, and Mueller has met with Republican Sens. John McCain of Arizona, Lindsey Graham of South Carolina and Kelly Ayotte of New Hampshire, said the officials, who spoke on condition of anonymity to discuss private conservations.
The escalating fight between the White House and Congress reflects the politically charged dispute over whether to treat suspected terrorists as prisoners of war or criminals.
The administration insists that the military, law enforcement and intelligence agents need flexibility in prosecuting the war on terror. Obama has pointed to his administration’s successes in eliminating Osama bin Laden and al-Qaida figure Anwar al-Awlaki. Republicans counter that their efforts are necessary to respond to an evolving, post-Sept. 11 threat, and that Obama has failed to produce a consistent policy on handling terror suspects.
