"In a time of universal deceit telling the truth is a revolutionary act." -George Orwell

Posts Tagged ‘NDAA’

The Obama Administrations Dick Cheney Moment

In Uncategorized on February 15, 2013 at 2:22 pm
Oldspeak: “”The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation… I reject the Bush Administration’s claim that the President has plenary authority under the Constitution to detain U.S. citizens without charges as unlawful enemy combatants.” -Senator Barack Obama, 2007 Yes. YET ANOTHER instance of candidate Obama, saying one thing and President Obama doing the EXACT OPPOSITE. Near universal silence or worse, cheerleading among far too many so-called progressives, democrats, and liberals. It is ingenious really, how effectively Obama silences dissent from all quarters, simply by being himself. Charming, brilliant,  likeable, thoughtful, well-spoken, self-confident. Most fail to criticize and oppose his corprocratic agenda pushing policies, by choosing to only to pay attention to his words, ignoring or apologizing for his inactions/actions. Conservatives and republicans criticism, is dismissed as crazy right-wing hate mongering (granted, much of it is.), or disgruntled and baseless complaints of a party out of power. The powers this president has claimed; to kill at will and detain indefinitely, with no verifiable reason, oversight or input from courts or congress is patently unconstitutional, anti-democratic, and immeasurably dangerous.  People need to understand that their right to dissent is under threat. We watch the news and it’s depictions of the horrible totalitarian/police state conditions in foreign lands and shake our heads in disdain, secure in the knowledge that “THAT” could never happen here, completely oblivious to the fact that IT IS HAPPENING HERE RIGHT NOW.  There is a “Constitution-Free Zone”, right now today in this “Land of The Free”, that the majority of Americans live in. Courts repeatedly uphold its lawfulness.  how long before that zone expands to include the rest of this “Greatest Nation On Earth”?  Apropos here is some wisdom from a wise man. “Conventional wisdom would have one believe that it is insane to resist this, the mightiest of empires, but what history really shows is that today’s empire is tomorrow’s ashes; that nothing lasts forever, and that to not resist is to acquiesce in your own oppression. The greatest form of sanity that anyone can exercise is to resist that force that is trying to repress, oppress, and fight down the human spirit.”  –Mumia Abu Jamal


By Dr. Wilmer J Leon @ Black Agenda Report:

In an interview in 2007 Senator Obama (D-IL) said, “The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation… I reject the Bush Administration’s claim that the President has plenary authority under the Constitution to detain U.S. citizens without charges as unlawful enemy combatants.” In 2013 Americans are facing a president with a different mindset.

A recently leaked White Paper is providing insight into the legal justifications for the Obama administration’s “targeted killing” program. The paper asserts that “high-level” government officials can “…use lethal force in a foreign country…against a U.S. citizen who is a senior operational leader of al-Qa’ida or an associated force…actively engaged in planning operations to kill Americans.” This legal framework also explains how lethal force can be used even if the “high-level” government officials do not have “…clear evidence that a specific attack on U.S. persons and interests will take place in the immediate future.”

In September 2011 the administration used drone strikes to kill alleged al-Qaida operatives Anwar al-Awlaki and Samir Khan. Al-Awlaki’s 16-year old son Abdulrahman al-Awlaki was also killed by a drone strike. All three were U.S. citizens and none of them had been indicted by the U.S. government for any crimes. According to The Guardian, “…the drone program now is run out of the White House, where (John) Brennan, the president’s most trusted counter-terror adviser, helps Obama pick the targets.” 

The rational behind the administration’s “assassination by drone” program sounds eerily reminiscent to former V.P. Dick Cheney’s “one-percent doctrine.” Cheney believed the so-called “war on terror” empowered the Bush administration to invade sovereign countries and violate American’s civil liberties without the need for evidence or extensive analysis. The facts did not matter. According to Cheney, “If there’s a 1% chance that Pakistani scientists are helping al-Qaeda build or develop a nuclear weapon, we have to treat it as a certainty in terms of our response. It’s not about our analysis … It’s about our response.”

The Obama administrations rational for targeted killings of American citizens contradict some of the basic framework of American democracy.Due process, habeas corpus, checks and balances, and bills of attainder are civil liberty protections guaranteed by the Constitution.

Due process is such an important protection that it is referenced in the Fifth and Fourteenth Amendments to the Constitution. The Due Process Clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government. For the President or other “high-level” government officials to act as judge, jury, and executioner irrespective of “…clear evidence…” of any immediate wrongdoing is the clearest example of arbitrarily denying life and liberty that one can imagine.

Habeas corpus requires a person under arrest to be brought before a judge in order to determine if an individual’s detention is warranted. Article 1, Section 9 of the Constitution states, The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it.” The language refers to arrests, not assassination, but theoretically, summarily executing American citizens before they can even be detained is a contradiction of the highest order.

The concept of checks and balances is an important part of the Constitution. Each of the three branches of government can limit the powers of the others preventing any one branch from becoming too powerful. Under no circumstance should members of the executive branch be allowed to condemn American citizens to death, even in times of “war” without the review of an impartial judge. This also violates Article 1, Section 9 of the Constitution, “No Bill of Attainder … shall be passed.” A Bill of Attainder is an act of a legislature or executive declaring a person or group of persons guilty of some crime and punishing them without privilege of a judicial trial.

The paper also concludes that the use of drone strikes for targeted killings would not be justified if it violated the fundamental law-of-war principles “…if anticipated civilian causalities (collateral damage) would be excessive in relation to the anticipated military advantage.” The administration has presented and defended drone strikes as an “antiseptic” use of technology. CIA nominee, John Brennan defended drone strikes as a more humane form of warfare. He said that “extraordinary care” is taken to ensure they conform to the “law of war principles” but stopped short of saying they are in compliance.

According to the Center for Research on Globalization, “At the end of January 2013, the Bureau of Investigative Journalism was able to identify by name 213 people killed by drones in Pakistan who were reported to be middle-or senior-ranking militants. A further 331 civilians have also now been named, 87 of them children. But this is a small proportion of the minimum 2,629 people who appear to have so far died in CIA drone strikes in Pakistan. The Bureau’s work suggests 475 of them were likely to have been civilians.” The administration has championed the use of drones as making Americans safer by killing terrorists. Killing innocent people in foreign countries creates more terrorists.

President Obama signed the 2012 National Defense Authorization Act (NDAA) containing sweeping worldwide indefinite detention provisions and signed into law a four-year extension of post-Sept. 11 powers (PATRIOT ACT) to search records and conduct roving wiretaps in pursuit of terrorists.  The rational behind the Obama administrations approach to civil liberties and warfare sounds eerily like a Dick Cheney moment.

Dr. Wilmer Leon is the Producer/ Host of the nationally broadcast call-in talk radio program “Inside the Issues With Leon,” and a Teaching Associate in the Department of Political Science at Howard University in Washington, D.C. Go to www.wilmerleon.com or email: wjl3us@yahoo.com. http://www.twitter.com/drwleon

Bill Maher: 2nd Amendment Is Not Under Attack, But All Your Other Rights Are

In Uncategorized on January 21, 2013 at 3:25 pm

https://i0.wp.com/static01.mediaite.com/med/wp-content/uploads/2013/01/bill2.jpegOldspeak: ” I don’t always agree with Bill Maher, but sometimes, he’s spot on. In his latest installment of  “New Rules” he drops science, touching on the absurdity of people freaking out about Obama taking away their guns (a myth and distraction), but having no such reaction to Big Brother style violation of privacy/civil rights via domestic surveillance programs like “Stellar Wind coupled with self-reporting via “social networks” (a.k.a. surveillance networks like Facebook, Yahoo, Google, Twitter, LinkedIN, Instagram, etc, etc, etc) , censorship and corporate governance via SOPA, ACTA & CISPA,  warrantless  search,  seizure & indefinite detention, NDAA, or Obama’s secret presidential assassination program known as “The Disposition Matrix”  “Ignorance Is Strength.” “Freedom Is Slavery.” The good stuff starts at 2:51

Politically Incorrect, “New Rules” 1/18/13
https://www.youtube.com/watch?v=TvjLc3PKTmE

By Josh Freeman @ Mediate:

In his final New Rule of the night, Bill Maher smacked down the conventional wisdom on the right that the Second Amendment is under attack from President Obama, saying that “America’s gun nuts” need to stop wetting their pants over it. But more importantly, Maher said that people are so very concerned about their right to own guns that they don’t notice and/or care that they have been stripped of their other rights.

Maher highlighted how the Senate quietly reauthorized the National Defense Authorization Act while everyone was so concerned about the fiscal cliff, and there wasn’t even a peep out of the “freedom” crowd. In fact, Maher said, people seem to be okay with government surveillance and warrantless wiretapping at this point.

Maher also railed against the “Facebook generation” that doesn’t care who knows their personal information, while he is adamant about not wanting the Feds to look at his web searches. He noted that the government always claims such programs are to “catch terrorist,” but the next thing you know they’re shutting down pot dispensaries.

Maher asked, “Does anyone care that this is the new normal?” He said that liberals outraged at George W. Bush for these programs have said nothing about Obama, because “the only thing that still has bipartisan support in Washington is not giving a shit about privacy.”

Maher circled back to the gun advocates, saying that they may have the guns, but they don’t have the rights that their guns are supposed to be protecting.

U.S. Judge Stikes Down Indefinite Detention Provision In National Defense Authorization Act; Obama Administration Appeals Decision

In Uncategorized on September 14, 2012 at 1:00 pm

Oldspeak:The NDAA included a clause which afforded the military the power to detain civilians — even Americans — indefinitely, without charge or trial, if they are accused of certain ‘anti-state crimes’ or are accused of “substantially supporting” those accused of said crimes or forces associated therewith.    If that sounds tortuous and nebulous it’s because it is:” –David Segal. This is great victory for journalists, political activists, dissidents, and scholars. No longer will Americans and civilians around the world be allowed to be “disappeared” for speaking out against the woefully anti-democratic U.S. Government and its cohorts worldwide. “

 

 

 

Related Story:

Obama To Authorize Indefinite Detention Of U.S. Citizens For First Time Since McCarthy Era

By Alexander Reed Kelly @ Truthdig:

A temporary stop on the U.S. military’s power to imprison anyone deemed to have “substantially supported” terrorist groups was made permanent on Wednesday when U.S. District Judge Katherine Forrest ruled that journalists could be snatched up under the law.

The ruling against a provision in the 2012 National Defense Authorization Act frustrates the government’s attempts to grant itself the ability to indefinitely detain anyone it could associate with terrorist activity, including domestic protesters.

Truthdig columnist Chris Hedges had sued the Obama administration over the provision, along with journalists, scholars and political activists Noam Chomsky, Daniel Ellsberg and Naomi Wolf. Judge Forrest placed a temporary injunction on the provision in Section 1021 of the law in May.

“This court does not disagree with the principle that the president has primacy in foreign affairs,” Forrest said in Wednesday’s ruling. But government arguments in favor of the provision were not convincing, she said.

“The government has not stated that such conduct—which, by analogy, covers any writing, journalistic and associational activities that involve al Qaeda, the Taliban or whomever is deemed “associated forces”—does not fall within § 1021(b)(2).”

U.S. Judge’s Rule Protects Reporters, Activists In Their Middle East Work

By  Basil Katz @ Reuters:

A federal judge made permanent on Wednesday her order blocking enforcement of a U.S. law’s provision that authorizes military detention for people deemed to have “substantially supported” al Qaeda, the Taliban or “associated forces.”

U.S. District Judge Katherine Forrest in Manhattan had ruled in May in favor of non-profit groups and reporters whose work relates to conflicts in the Middle East and who said they feared being detained under a section of the law, signed by President Barack Obama in December.

Wednesday’s 112-page opinion turns the temporary injunction of May into a permanent injunction. The United States appealed on August 6.

The permanent injunction prevents the U.S. government from enforcing a portion of Section 1021 of the National Defense Authorization Act’s “Homeland Battlefield” provisions.

The opinion stems from a January lawsuit filed by former New York Times war correspondent and Pulitzer Prize winner Chris Hedges and others. The plaintiffs said they had no assurance that their writing and advocacy activities would not fall under the scope of the provision.

Government attorneys argued that the executive branch is entitled to latitude when it comes to cases of national security and that the law is neither too broad nor overly vague.

“This court does not disagree with the principle that the president has primacy in foreign affairs,” the judge said, but that she was not convinced by government arguments.

“The government has not stated that such conduct – which, by analogy, covers any writing, journalistic and associational activities that involve al Qaeda, the Taliban or whomever is deemed “associated forces” – does not fall within § 1021(b)(2).”

A spokeswoman for the Manhattan U.S. Attorney’s office, which represents the government in this case, declined to comment on the ruling.

The case is Hedges et al v. Obama et al, U.S. District Court for the Southern District of New York, No. 12-cv-331.

Judge Strikes Down Indefinite Detention: Tell Obama To Stop Supporting This Wretched Law

By David Segal @ The Daily Kos:

We just won the lawsuit against Obama et al over the indefinite detention provisions of the fiscal 2012 National Defense Authorization Act. These provisions represented a blatant violation of due process and First Amendment rights, and plaintiffs argued that they were already having a chilling effect on journalists and activists.

The NDAA included a clause which afforded the military the power to detain civilians — even Americans — indefinitely, without charge or trial, if they are accused of certain anti-state crimes or are accused of “substantially supporting” those accused of said crimes or forces associated therewith.    If that sounds tortuous and nebulous it’s because it is: What the heck does “substantially support” or “associated force” even mean?

You can urge Obama not to appeal the ruling by clicking here.

In a sweeping 112-page ruling (which I’ve not yet read in full) Judge Katherine Forrest issued a permanent injunction against the use of such powers.  Here’s Reuters:

A federal judge made permanent on Wednesday her order blocking enforcement of a U.S. law’s provision that authorizes military detention for people deemed to have “substantially supported” al Qaeda, the Taliban or “associated forces.”

U.S. District Judge Katherine Forrest in Manhattan had ruled in May in favor of non-profit groups and reporters whose work relates to conflicts in the Middle East and who said they feared being detained under a section of the law, signed by President Barack Obama in December.

Plaintiffs include Chris Hedges, Noam Chomsky, Daniel Ellsberg, Tangerine Bolen, and others; Demand Progress and RevolutionTruth members have raised more than $20,000 to support the lawsuit and used it to pressure lawmakers to revoke the provions in question.  We lost a relatively narrow vote in the House a few months ago, and the Senate will take up amendments to end indefinite detention in coming weeks.

We’re hoping the Senate will actually take this finding of unconstitutionality to heart and explicitly revoke the codification of the indefinite detention authority when the NDAA gets a vote in coming weeks.

This ruling required great fortitude on the part of Judge Forrest: She was appointed by Obama just last year.  After initially expressing concerns about the provisions in question — because they infringed on certain executive power, not because of all of the reasons above — Obama has consistently supported and defended them.  He signed them into law under cloak of darkness on New Year’s Eve and has aggressively defended them in court.

This’ll probably get appealed all the way up to the Supreme Court — but you can click here to urge Obama to stop protecting this awful law.