This is scary; need to keep an eye on this story

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default This is scary; need to keep an eye on this story

Post by melodiccolor on Mon Apr 26, 2010 8:09 pm

McCain Proposes Indefinite Detention Without Trial for Citizens
Written by Thomas R. Eddlem

Sunday, 18 April 2010 18:30

Senator John McCain (R-Ariz.) has introduced a bill that would allow the President to imprison an unlimited number of American citizens (as well as foreigners) indefinitely without trial. Known as The Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010, or S. 3081, the bill authorizes the President to deny a detainee a trial by jury simply by designating that person an “enemy belligerent.”

The bill, which has eight cosponsors, explicitly names U.S. citizens as among those who can be detained indefinitely without trial:

An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent ... may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged, or which the individual has purposely and materially supported, consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities.

Note that the Bush administration once said that the so-called “war on terror” would last a generation or more, and the U.S. military has officially classified many former Guantanamo detainees, such as England's Tipton Three, as having “returned to the battlefield” for merely granting an interview for the movie The Road to Guantanamo. Another five innocent Uighur (Ethnic Turkish Muslims from China) detainees had been listed as having “returned to the battlefield” after their release because their lawyer had written an op-ed protesting their prolonged detention without trial after they had been mistakenly picked up by a greedy bounty hunter. Writing an opinion or speaking an opinion against the party in power in Washington can — and already has — made some people “enemy belligerents.”

The Fifth Amendment to the U.S. Constitution requires that “No person shall ... be deprived of life, liberty, or property, without due process of law,” and the Sixth Amendment stipulates the due process of law that all are required to receive:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

The requirement for a jury trial has no exceptions for military reasons, and doesn't even exempt foreigners. It simply employs the phrase “all criminal prosecutions,” words that unequivocally apply to the military and civilian justice systems, as well as to both citizens and foreigners. The Founding Fathers truly applied Christ's command to “Do to others whatever you would have them do to you,” but John McCain's new bill wouldn't even do to American citizens what we would assume were basic rights. There is no greater tyranny than indefinite imprisonment at the whim of an executive without legal recourse, and that is precisely what McCain and eight other senators would impose upon America.

McCain defended his bill in a speech on the Senate floor March 4, stating:

The legislation would authorize detention of enemy belligerents without criminal charges for the duration of the hostilities consistent with standards under the law of war which have been recognized by the Supreme Court. Importantly, if a decision is made to hold a criminal trial after the necessary intelligence information is obtained, the bill mandates trial by military commission where we are best able to protect U.S. national security interests, including sensitive classified sources and methods, as well as the place and the people involved in the trial itself.

In other words, the right to trial by jury guaranteed by the U.S. Constitution would no longer be a right. The bill would mandate “military commissions” rather than a jury trial, if and when the President deems to hold a “trial.” Under McCain's legislation, trial by jury wouldn't just be a privilege that the President could withdraw at a whim, the President would be required to deny jury trials. The right to trial by jury would be denied entirely! Of course, any American could be held for decades without trial or even being charged with a crime under McCain's bill.
Cosponsors of the bill include Democrat/independent Joseph Lieberman of Connecticut and Republicans Jim Inhofe of Oklahoma, Jeff Sessions of Alabama, Scott Brown of Massachusetts, Saxby Chambliss of Georgia, David Vitter of Louisiana, George LeMieux of Florida, and Roger Wicker of Mississippi. Those cosponsoring this outright attack on the Bill of Rights are those same Republican neo-conservatives who have dominated the GOP for the last decade or more. Conservative constitutionalists need to reassert control of the Republican Party and purge this cancer from the party and the U.S. Senate, if they wish to retain their freedoms.

This was sent by my good friend and when I emailed her back to confirm the story was not just a hit piece, this is what she replied:

It was a news article. I tried to email the article, it allowd it, but the link was broken; it wouldn't recognize email addresses at that time. Sorry, I don't remember the Newspaper. I might be able to find it again.

The implications of this are unmistakable.

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default Re: This is scary; need to keep an eye on this story

Post by RBM on Mon Apr 26, 2010 8:59 pm

I think this link is about the same thing Ed Cone

There's an embedded link there, to this Ms McCain

This isn't scary to me, but makes me very sad.

There are too many infantile grown-ups in this country and given that, I expect messes of this sort to escalate.
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Post by SimplyNan on Mon Apr 26, 2010 9:03 pm

Lordy, Arizona is going to hell in a hand-basket really fast (McCain is our senator). I think he's getting senile. Our state level folks are a real bunch of yahoos, too. We now have the toughest immigration law on the books. People are very unhappy about this, or at least some of them are. Our schools are at the bottom of the barrel and probably getting worse. The University is adding a remedial math course for incoming freshmen because many of them can't do college math. Sickos, the whole bunch of them.
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default Re: This is scary; need to keep an eye on this story

Post by melodiccolor on Mon Apr 26, 2010 9:05 pm

RBM, those are links to yet another important story about a law signed by AZ's governor, with comments by Ms McCain on her blog. She is no relation (at least I don't think she is) to Sen. McCain on whom the story is about.

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default Re: This is scary; need to keep an eye on this story

Post by RBM on Mon Apr 26, 2010 9:18 pm

Thanks for the heads up, I obviously didn't read deep enough.

So. there isn't one story but TWO ??

In that case Nan seems to have hit the nail on the head - Hell in a Hand-basket.
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default Re: This is scary; need to keep an eye on this story

Post by edie on Mon Apr 26, 2010 9:33 pm

mcain proposal

democraticunderground.com this simplafies the proposal

govtrack.com this tracks the proposal in progress and where it stands

from what i have read so far this is a load of crap and should not pass. i can understand this if it was soley for the terroists they arrest while incombat,and even then its not entirely great because it has been proven that even prisoners have been inhumanly treated ,violated,and abused. and where i stand i dont care who that person is and what they did , se do not have the right nore does it make us any better than "them" to do such acts apon another person for any reason.
this proposal sound greatly fishy and one more step to the ideal egotistical problem of the reach of becoming a world domonator.

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default Re: This is scary; need to keep an eye on this story

Post by melodiccolor on Tue Apr 27, 2010 2:19 am

In this administration, the proposal stands no chance of passing. But I can see it easily resurrected years later in a more favorable climate.

I do remember the McCarthy years. I think it is more scary that people who back such positions remain in power.

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default Re: This is scary; need to keep an eye on this story

Post by BlueTopaz on Tue Apr 27, 2010 4:49 am

OMG
they call Obama a socialist.
McCain sounds like a fascist for crying out loud.

sigh....

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Post by SimplyNan on Tue Apr 27, 2010 8:05 pm

Yeah, living in Arizona where many of the elected officials are slightly wacko. Once again it becomes the laughing stock of the world. Sigh.
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