Yesterday the White House released Obama’s “War Powers Resolution” letter designed to keep congress informed about the status of US Armed forces. However, a funny thing was included in the statement.
“The combat-equipped forces, deployed since January 2002 to Naval Base, Guantanamo Bay, Cuba, continue to conduct secure detention operations for the approximately 166 detainees at Guantanamo Bay under Public Law 107-40 and consistent with principles of the law of war,” Obama writes in the section on “MILITARY OPERATIONS AGAINST AL-QA’IDA, THE TALIBAN, AND ASSOCIATED FORCES AND IN SUPPORT OF RELATED U.S. COUNTERTERRORISM OBJECTIVES.”
Note the word use of “AND ASSOCIATED FORCES…”. This language is directly out of the now infamous 2012 National Defense Authorization Act (NDAA) that has awake and alert Americans as nervous as long tailed cats in a room full of rocking chairs.
Note also the use of the words ‘approximately 166 detainees at Guantanamo…”. Is it possible our President doesn’t know how many people are imprisoned at Guantanamo Bay or he simply hiding the fact that he has already exercised the NDAA to snatch American citizens from US soil?
That’s the problem here. Judge Forrest in the Federal court system placed an injunction against the federal government on the use or application of the NDAA Sections 1021 and 1022 clauses. AG Eric Holder appealed that ruling to a higher court overruled Judge Forrest’s ban, thereby allowing the US to act in secret and indefinitely detain American citizens “until the end of hostilities” in the war on terror.
Without access to the courts, habeas corpus filings, legal counsel or communication, we just don’t know if the NDAA sections have been utilized or not. Furthermore, when asked during congressional hearings, the governments position was simply to pull the trump card of ‘national security’ and refuse to answer. If congress doesn’t have the right to know how and when the NDAA has been utilized we have a fascist tyranny run amok.
For the benefit of a recap, let’s take a look at the actual clauses: (Emphasis Mine)
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.
(c ) Disposition Under Law of War.—The disposition of a person under the law of war as described in subsection (a) may include the following:
(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.
(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)).
(3) Transfer for trial by an alternative court or tribunal having lawful jurisdiction.
(4) Transfer to the custody or control of the person’s country of origin, any other foreign country, or any other foreign entity.
(d) Construction.—Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.
(e) Requirement for Briefings of Congress.—The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be “covered persons’’ for purposes of subsection (b)(2).
Astute readers will note that authority is given for Military jurisdiction, not civilian.
Second, the term ‘Belligerent Act’ was so vague that Judge Forrest could not get the government solicitor general to quantify what a belligerent act constituted.
Third, the government claim that no additional authority is given the President is a flat lie. The Authorization on the Use of Military Force (AUMF) cited does NOT give the President any personal authority.
Fourth, section (c)(1) allowing detention without trial ‘until the end of the hostilities’ would subject any NDAA victim to life imprisonment since the ‘War on Terror’ will stretch into eternity just like the war on drugs, cancer, poverty or any other non-war.
Numerous states have now taken action (11 at last count), including Michigan to put clear limitations in place in an attempt to nullify the KGB and gulag style law. Michigan voted 107-0 to ban any state government employee from assisting federal authorities.
An amendment was added to the 2013 NDAA which passed by a vote of 67 to 29 seeking to limit the damage. However, if congress truly had the interests of American citizens at heart, it would have simply repealed the offensive legislation when the Smith-Amash amendment was submitted in 2012. The Republican house quashed it and it’s interesting to note that the original NDAA was a Republican promoted bill. Funny, but somehow I thought the Republican party stood for civil liberties, the constitution and rule of law. At least that’s what they keep telling the electorate.
The 2013 amendment reads: “An authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States, unless an Act of Congress expressly authorizes such detention.”
You’ll note that the 2013 amendment does little to undue the actions of the 2012 legislation. It simply states that congress HAS ALREADY ‘expressly authorized such detention’ in the form of NDAA 2012.
The word games of legal minded politicians (many of whom are lawyers and understand fully well the manipulation of words), will not stem the onslaught of tyranny being fostered upon America. We are already living in a Police State as evidenced by the myriad surveillance laws, NDAA(s), Patriot Acts I & II and tens of thousands of pages of legislative drivel intended to strip America of the liberties, rights and freedoms granted to us by the Constitution.
Times up America. It’s all down now to choosing a side.
Your choice is clear: Liberty or Tyranny.
