Stop Indefinite Detention of U.S. Citizens Without Due Process
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.
There is a great deal of confusion about this bill, with some incorrectly interpreting it as not affecting American citizens. There is also confusion about the very dangerous legal precedents that this bill seeks to codify and bolster. I am writing an in-depth article where I will do my best to clarify both what this bill does, how all three branches of the federal government have worked to impose the international laws of war on the American people, and just how close we are to losing our Bill of Rights forever. 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
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.
Thanks.
Your friends at The John Birch Society
Please donate and support Oath Keepers mission, every little bit helps!
November 30th, 2011 at 3:50 pm
I have been in Law Enforcement for 10 years, my dept. was disbanded in 2008. I have not found work as a cop since. I cannot believe what is going on in this country. Please wake up your fellow Americans, time is short for us too save the Republic!
November 30th, 2011 at 3:52 pm
The deal is already done! So what do we do now?
November 30th, 2011 at 4:01 pm
What do you do w/a ‘RAT’ in the cupboard?
So ..all the while extending the Bill of Rights to terrorists, non citizens and illegals, they want to deny American citizens these same rights rightfully enjoyed ONLY by citizenship under the Constitution.
November 30th, 2011 at 4:16 pm
Michael Thompson (CA Dist 1) voted nay on HR 1540…
Hell, even a broken clock is right twice a day.
November 30th, 2011 at 4:38 pm
Does the government believe the American people will bow down to this Tyranny? We are losing our Country to the Criminals in Washington. I guess no one cares.
November 30th, 2011 at 4:40 pm
The flaw in the Constitution is that there is no process to prevent Congress from enacting a law that is in conflict with any of its provisions unless it is drawn through the courts and then, it is questionable as to whether the courts will countermand it, even if they should. In the instant matter, The Defense Authorization Act of 2012, we have a blatant and purposeful conflict with the Constitution. I would hope in such a case the Oath Keepers would gather as many together as possible and place under citizen’s arrest all those “law makers” who sponsored, co-sponsored, supported and voted in favor of this abominable threat to every patriot’s core belief – The whole purpose of the Constitution was to stave off tyranny where it is most likely to develop – from within.
November 30th, 2011 at 4:42 pm
If this passes, We are then in a State of War against Tyranny by our own elected leaders. I have tried to warn you. Your right to “Peacefully Assemble” doesn’t work. Your right to “Voting and Electing Representatives of the People” doesn’t work. Our Government has gotten to far “Out of Control”. The Occupy Wall Streeet and Tea Party group along with Oathkeepers and the rest of us waking up to their scam has got them ramping up their agenda. We are on the Verge of an Apocalypse within our own Country. And you thought it would never happen here. Silly you. You censored my article because you didn’t want to hear the truth. You all protected State Right’s. Yet, You through all mine under a Bus just to protect your job or your value of your home, etc. I spent 20 years of my life serving to protect our country and freedom and liberty and right to property, for what? For all of your Tyranny. Now I have to protect the Constitution of the United States of America against Tyranny. For WHAT? More of the same! You all deserve whatever befalls you. You let this happen to protect your wealth, or way of life, while stepping on everyone else’s.
Semper Fi to all Real Marines and Sailors. PO1 Edward E. Miller, US Navy (Retired) and Former Sergeant, U. S. Marine Corps
If Oathkeepers is for real, Post this instead of deleting it. Otherwise Your a Fraud!
November 30th, 2011 at 5:25 pm
Did anyone here, really believe we would live long enough to see this tyranny? I sure as hell didn’t! I have emailed and called my Senators, but if they listen like my Congressman did, things sure doesn’t look very promising.
Unfreakin real!!!!
November 30th, 2011 at 6:16 pm
I’m no lawyer, but it seems that this provision covers only those who support “al-Qaeda, the Taliban, or associated forces”. From the context, you’d have to be mighty Orwellian to label a Tea Partier or Oath Keeper as one of those “associated forces”.
SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.
(a) In General.—Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.
(b) Covered Persons.—A covered person under this section is any person as follows:
(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.
November 30th, 2011 at 6:28 pm
i am going to fight this bill tooth and nail.
HOWEVER,
have you noticed how our police forces and judicial system and our official regulators are often ignoring the rule of law and our Constitution already? the 1% are already getting away with crimes big time. no one is held accountable if they are part of the 1%. looks like they will do whatever they want regardless of legal right. the coup has already happened. the window dressing is now being put in place, to make a defacto fascism look like it was approved by a democracy.
for more on this, check out http://www.guardian.co.uk/world/2007/apr/24/usa.comment