NDAA

Senators introduce the Due Process Guarantee Act

A bipartisan group of Senators have wasted no time in trying to apply a legislative fix to the “indefinite detention” language in the National Defense Authorization Act (NDAA), which was passed last night. The Due Process Guarantee Act (full text below), sponsored by Sen. Dianne Feinstein, would ensure the protections that the NDAA would seemingly erase:

Senator Dianne Feinstein (D-Calif.), chairman of the Senate Intelligence Committee, today introduced the Due Process Guarantee Act of 2011, legislation that states American citizens apprehended inside the United States cannot be indefinitely detained by the military.

The Due Process Guarantee Act of 2011 amends the Non-Detention Act of 1971 by providing that a Congressional authorization for the use of military force does not authorize the indefinite detention—without charge or trial—of U.S. citizens who are apprehended domestically.

The Feinstein bill also codifies a “clear-statement rule” that requires Congress to expressly authorize detention authority when it comes to U.S. citizens and lawful permanent residents. The protections for citizens and lawful permanent residents is limited to those “apprehended in the United States” and excludes citizens who take up arms against the United States on a foreign battlefield, such as Afghanistan.

#NDAA: Leading to the #Holocaust?

Some folks over at MTV better lock up their doors, because a couple of videos they just created (EDIT: Apparently, these videos are old, but they are still incredibly relevant to what’s going on right now. Thanks, northnodes.) are making a very interesting argument about the National Defense Authorization Act, and I doubt that will keep them in the government’s good graces.

There’s the old Internet rule called “Godwin’s Law,” but after seeing what our government is trying to do, I’m not convinced anyone should ever bring it up.

On one hand, we have SOPA threatening to remove our internet access if we so merely link to a music video, and on the other, we have the NDAA threatening to lock us up on the whims of some government bureaucrat. Between them? Well, no it’s not that dwindling area of freedom, its the Transportation Security Administration, conducting its campaign of government sponsored sexual molestation at our nation’s airports.

NDAA: How bad can it be?

With Congress passing the NDAA, the question many ask is simple: How bad will/can it get?  It’s a fair question.  While the constitutional questions this bill raises are a topic of debate amongst the talking heads and various other politicos, the average person must ask that simple question.

The NDAA essentially turns the entire United States into a warzone for the purposes of combating terrorism.  It also gives the government extra-constitutional powers for this very same purpose. Officially, this is about Al Qaeda and “associated forces”, whatever that means.

The thing is, when you look at how Obama’s White House has defined “domestic terrorists”, one is left to wonder when will they decide to define “associated forces” to include domestic terrorists.  Honestly, I don’t think it would take very long, and as there is no due process, it’s unlikely that the courts will get a say on this for a very long time.

So the first thing we have to understand is, “what is a domestic terrorist”?

((5) the term `domestic terrorism’ means activities that—

NDAA passes the Senate

The last hope of killing the National Defense Authorization Act (NDAA) has failed as the United States Senate effectively gutted Habeas Corpus and Due Process protections in the Constitution and Bill of Rights. With only 13 members voting against the conference report, it wasn’t even close.

The NDAA now heads to President Barack Obama, who has showed in recent days how much contempt he holds for civil liberties. Even though Obama has said he’d sign the bill, I would still suggest that you call the White House at (202) 456-1111 and make your voice heard.

Many thanks to Rand Paul (R-KY), Mike Lee (R-UT), Jim DeMint (R-SC) and the other members of the Senate that stood with the Constitution and the civil liberties of their constituents this evening.

It’s ironic that yet another fundamental civil liberty has been gutted on Bill of Rights Day.

NDAA moving forward in Congress

The very same week Gallup released a poll showing that fear and distrust of the federal government is at a near record high, the Congress is poised to move forward on the National Defense Authorization Act, which would allow for the indefinite detention of Americans:

Congress is pressing ahead with a massive $662 billion defense bill that requires military custody for terrorism suspects linked to al-Qaida, including those captured within the U.S., with lawmakers hoping their last-minute revisions will mollify President Barack Obama and eliminate a veto threat.

Leaders of the House and Senate Armed Services Committees announced late Monday that they had reached agreement on the policy-setting legislation that had gotten caught up in an escalating fight on whether to treat suspected terrorists as prisoners of war or criminals in the civilian justice system.

Responding to personal appeals from Obama and his national security team, the lawmakers added language on national security waivers and other changes that they hoped would ensure administration support for the overall bill.

“I assured the president that we were working on additional assurances, that the concerns were not accurate,” Senate Armed Services Committee Chairman Carl Levin, D-Mich., who spoke to Obama last week, told reporters at a news conference. “That we’d do everything we could to make sure they were allayed, and met.”

White House officials said Tuesday they were reviewing the bill. It was unclear whether they would hold firm on the veto threat.

Jon Stewart on the National Defense Authorization Act (NDAA)

On Wednesday, Jon Stewart covered the Senate’s passage of the National Defense Authorization Act (NDAA), which contains language that would allow the federal government to detain American citizens indefinitely without formal charges or trial.

Listen carefully and call your members of Congress:


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