United Liberty
Recall of NDAA supporters?
Wed, 12/28/2011 - 1:12pm | posted by Tom Knighton
No state is perfect, but Montana seems intent on trying anyways. Their most recent attempt is a move to recall Senators Max Baucus and Jon Tester for their support of the tyrannical National Defense Authorization Act which, for those who’ve been living under a rock, essentially turns the entire United States into a war zone for the purposes of pursuing “terrorists” and permits the indefinite detention of American citizens on U.S. soil.
(HELENA) - Moving quickly on Christmas Day after the US Senate voted 86 - 14 to pass the National Defense Authorization Act of 2011 (NDAA) which allows for the indefinite military detention of American citizens without charge or trial, Montanans have announced the launch of recall campaigns against Senators Max Baucus and Jonathan Tester, who voted for the bill.
Montana is one of nine states with provisions that say that the right of recall extends to recalling members of its federal congressional delegation, pursuant to Montana Code 2-16-603, on the grounds of physical or mental lack of fitness, incompetence, violation of oath of office, official misconduct, or conviction of certain felony offenses.
The Salem News goes on to state that the issue of a state’s ability to recall federal officials has never reached the federal courts. In reality, I suspect that the federal courts would strike down such a law as unconstitutional primarily because it would actually give states the ability to actually do something when the federal government oversteps its power, somthing that the courts seem intent on keeping as the status quo.
However, it’s good to see that some folks in this nation aren’t rolling over on the idea that “It’s the law now, so why bother?”
Baucus and Tester need to keep one thing in mind though. Even without a recall, they can always be voted out because of such idiotic legislation. If they keep going against the will of the people of Montana, they may still find themselves out of a job. They’re called “elections”.
Sucks to be them, doesn’t it?
Montana’s just the beginning. We in Alaska have begun our recall actions, along with seeking support for nullification at the state and local level. Local politicians are already coming on board. This effort is now happening nation wide. The states that don’t have recall processes will have bills proposed to change their law, so that the traitors that supported the NDAA can be ousted and replaced. This cannot stand. If we do not fight it and win, it is tacit permission for politicians to do whatever they see fit (as if terrorizing their own citizens wasn’t enough) Midnight arrests, rendition, torture at the hand of foreign governments… This is the opposite of America. Join the fight!
http://oathkeepers.org/oath/2011/12/25/oath-keepers-launches-national-ef…
The NDAA only goes to further stifle our Constitutional Rights without the approval of the Americans, just as the Patriot Act was adopted WITHOUT public approval or vote just weeks after the events of 9/11. A mere 3 criminal charges of terrorism a year are attributed to this act, which is mainly used for no-knock raids leading to drug-related arrests without proper cause for search and seizure. The laws are simply a means to spy on our own citizens and to detain and torture dissidents without trial or a right to council. You can read much more about living in this Orwellian society of fear and see my visual response to these measures on my artist’s blog at http://dregstudiosart.blogspot.com/2011/09/living-in-society-of-fear-ten…
Re: Multi-State Recall Petition of Congressman who voted for The National Defense Authorization ACT / consider the following:
Is the Passed Defense Authorization Act of 2012) More Threatening to Americans than Hitler’s (1933 DISCRIMINATORY LAWS) That Suspended Provisions In the Reich Constitution That Protected German Citizens’ Civil liberties? If the answer is “Yes” Congress has passed Fascist Legislation.
Compare: Hitler’s 1933 DISCRIMINATORY DECREES stated time limits that German Citizens could be incarcerated for e.g., Serious Disturbance of the Peace, Provoking Public Unrest, Rioting; Acts that threatened National Security; note that Senators Carl Levin and John McCain’s passed National Defense Authorization Act—mandates holding Americans’ (Indefinitely) in Military Custody, even for being a mere “Belligerent.” Some observers believe NDAA included the vague term “Belligerent” in the manner it did, so U.S. Government would have authority granted by Congress to Indefinitely Detain large numbers of Americans not involved in terrorism. U.S. Government can now arbitrarily deem anyone a “Belligerent.” Compare below The NAZI Government 1933 Decrees with Senators Carl Levin and John McCain’s National Defense Authorization Act of 2012.
Under the passed National Defense Authorization Act of 2012, could some Americans be (Retroactively) subject to Indefinite U.S. Military or Prison Detention without charges or right to an attorney or trial? Consider that most American activists don’t know what other activists and groups they networked or associated have done in the past—perhaps illegal.
Alarmingly both the National Authorization Act of 2012 and USA Patriot Act are broadly vague—what constitutes (1) a terrorist act, (2) supporting or aiding terrorists; (3) when someone is a “Combatant” or (4) “a Belligerent.” For example, Americans advocating, attending or supporting a meeting or protest demonstration against a U.S. Government Agency; Policy or U.S. Military Action—could be charged with (1) (2) (3) and (4) under NDAA and the Patriot Act.
History Repeats Itself: When other countries passed Police State Laws like The Defense Authorization Act of 2012, Citizens increasingly abstained from politically speaking out; visiting activist websites or writing comments that might be deemed inappropriate by the Police State Government, e.g. cause someone to lose their job; be investigated; disappeared, and or detained in Police/Military Custody. Some writers might be dead-meat under NDAA. It appears that “Americans” who write on the Internet or verbally express an opinion against any entity of U.S. Government or its coalition partners—may under the Patriot Act or The Defense Authorization Act—be deemed by U.S. Government (someone likely to engage in, support or provoke violent acts or threaten National Security—to order an American writer’s indefinite military or prison detention.
Is The Defense Authorization Act Retroactive? Can U.S. Government invoke provisions of passed NDAA or the Patriot Act to assert a U.S. Citizen’s past writings (protected by the 1st Amendment) have in the past supported or aided terrorists; provoked combatants or belligerents as a premise to order an author’s Indefinite Detention? The Defense Authorization Act of 2012 did more than Chill Free Speech—it may FREEZE IT!
It should be expected that indefinitely detained U.S. Citizens not involved in terrorism or hostile activities, not given Miranda Warnings when interrogated or allowed legal counsel; will also be prosecuted for non-terrorist (ordinary crimes) because of their (alleged admissions) while held in Indefinite Detention. Compare below: Hitler’s Laws that might appear mild when set side by side with the National Authorization Act of 2012 and USA Patriot Act.
1933. ROBL. I 83.
GERMANY Preliminary Compilation of Selected Laws, Decrees, and Regulations:
DISCRIMINATORY LAWS:
DECREE OF THE REICH PRESIDENT FOR THE PROTECTION OF THE PEOPLE AND STATE
Note: Based on translations by State Department, National Socialism, 1942 PP. 215-17, and Pollak, J.K., and Heneman, H.J., The Hitler Decrees, (1934), pp. 10-11.7
In virtue of Section 48 (2) of the German Constitution, the following is decreed as a defensive measure against Communist acts of Violence, endangering the state:
Section 1
Sections 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association, and violations of the privacy of postal, telegraphic, and telephonic communications, and warrants for house-searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.
Section 2
If in a state the measures necessary for the restoration of public security and order are not taken, the Reich Government may temporarily take over the powers of the highest state authority.
Section 4
Whoever provokes, or appeals for or incites to the disobedience of the orders given out by the supreme state authorities or the authorities subject to then for the execution of this decree, or the orders given by the Reich Government according to Section 2, is punishable—insofar as the deed, is not covered by the decree with more severe punishment and with imprisonment of not less that one month, or with a fine from 150 up to 15,000 Reich marks.
Who ever endangers human life by violating Section 1, is to be punished by sentence to a penitentiary, under mitigating circumstances with imprisonment of not less than six months and, when violation causes the death of a person, with death, under mitigating circumstances with a penitentiary sentence of not less that two years. In addition the sentence my include confiscation of property.
Whoever provokes an inciter to or act contrary to public welfare is to be punished with a penitentiary sentence, under mitigating circumstances, with imprisonment of not less than three months.
Section 5
The crimes which under the Criminal Code are punishable with penitentiary for life are to be punished with death: i.e., in Sections 81 (high treason), 229 (poisoning), 306 (arson), 311 (explosion), 312 (floods), 315, paragraph 2 (damage to railroad properties, 324 (general poisoning).
Insofar as a more severe punishment has not been previously provided for, the following are punishable with death or with life imprisonment or with imprisonment not to exceed 15 years:
1. Anyone who undertakes to kill the Reich President or a member or a commissioner of the Reich Government or of a state government, or provokes to such a killing, or agrees to commit it, or accepts such an offer, or conspires with another for such a murder;
2. Anyone who under Section 115 (2) of the Criminal Code (serious rioting) or of Section 125 (2) of the Criminal Code (serious disturbance of the peace) commits the act with arms or cooperates consciously and intentionally with an armed person;
3. Anyone who commits a kidnapping under Section 239 of the Criminal with the intention of making use of the kidnapped person as a hostage in the political struggle.
Section 6
This decree enters in force on the day of its promulgation.
Reich President
Reich Chancellor
Reich Minister of the Interior
Reich Minister of Justice
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