Griffin Misleading You on NDAA as shown
here ( part 2) and
here (part 1)
I have already written about how the NDAA does
seriously violate your due process rights and replaces them with something that
is an elaborate but empty façade of such rights. You can look at those articles here and
here. In this one, I want to show the
actual text of the bill itself so that you can see that, yes, it is as bad as
we feared it would be, and no, assurances from Congressman like Tim Griffin do
not mitigate the awfulness of this bill.
Rather they are attempts to conceal its awfulness. The bill is a far more serious violation of
your constitutional rights than even the most offensive provisions of
Obamacare.
Almost all the trouble with the NDAA rests in
section 1021 of that abominable act.
Griffin and others have tried to use the fact that section 1022 does
have an exemption for citizens of the United States as a reason that we should
not be concerned about the act. This is
misleading in the extreme. He and other
defenders like Allen West go on and on about how section 1022 specifically
exempts U.S. citizens in the United States from its provisions, but section
1021 has almost identical provisions and U.S. citizens are not exempted from
it!
The protections for U.S. citizens in section 1022
do nothing to protect us from the nearly identical provisions in section 1021,
from which we are not exempted.
Imagine the level of duplicity involved in such a deception! “Look over here at section 1022 folks! See, we are not taking your rights away, we
are just taking away the rights of those nasty old terrorists (or people we say
are terrorists).” Meanwhile, section
1021 authorizes almost identical treatment for you and your neighbor.
Since it is not that long, I would like to present
section 1021 in its entirety, with some commentary to bring home the real
meaning of the legalese with things I’d like to focus on highlighted…
SEC. 1021. 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;
50 U.S.C. 1541 note) 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.
“Pending
disposition under the law of war” means that you will be treated as a POW
rather than a U.S. citizen. You would
be handled under the same rules that we used on captured Nazis in WWII. Remember though, that under the laws of war
uniformed troops captured in battle are eligible for much better treatment than
are “spies” and “saboteurs” or “terrorist supporters” as most people would be
accused of under this act.
Other things
you don’t get: the right to face your accusers, protection against hearsay
evidence, the right to your attorney, the burden of proof being placed on the
government to prove you should be locked up, the ability to notify your kin
what happened to you etc….
(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
Most of you
probably don’t think like an evil lawyer, therefore you read the above
paragraph and think “well this law only applies to al-Queda or the
Taliban.” But evil lawyers look at
that and see loopholes a mile wide, and plenty of evil lawyers work for the
system. What does
"substantial" support for forces "associated" with al-Quaeda
or the Taliban mean? How is it determined that this standard is met?
The answer can only be that the President alone determines who is
"substantially" supporting a group that he alone can determine is
"associated" with "al-Quaeda or the Taliban".
Is blogging
that America should get out of Afghanistan giving "substantial"
support to the Taliban? Is passing on Taliban claims about massacres
committed by American forces providing such support? Is organizing
protests against the policies of "the Commander and Chief" a
"belligerent act"? If the President says so, it could
be under this act. That's the whole point. The executive branch
alone gets to decide which citizens might be detained indefinitely.
There are no checks and balances. There is no judicial oversight.
You don't get your own lawyer and it does not matter if the government
makes a mistake. All the President has to do to make you go away is say
that he decided you were giving substantial support to a group associated with
the Taliban. He does not have to present any evidence to that effect. He does not need any evidence to that effect.
These powers are dictatorial in nature.
The CIA and the U. S. military itself provided substantial support (as in
weapons and information) to both Al-Quaeda and the Taliban back in the 1990s
when the Soviet Union occupied Afghanistan. Since I was a member of the U.S. Military, I
was a member of a group “associated” with the Taliban which gave “substantial
support” to the Taliban. Thus, even
under an honest literal reading of the language of the act, I am already
eligible for indefinite detention without trial, as would be the military
personnel arresting me.
But there is no
reason to believe that administration officials will limit themselves to an
honest reading of the act. The
definition of “terrorism” is constantly being expanded by the government so
that you don’t have to actually do violence, or even contemplate violence, to
be labeled a terrorist. For example, the
founder of the Liberty Mint only tried to mint coins that were made of gold and
silver. This act alone got him
imprisoned, his property confiscated, and his actions labeled “domestic terrorism" by a U.S. Attorney in the case.
I find it very
probable that in the near future any citizens who vigorously but peacefully
protest the misrule of the two-party cabal currently looting the nation will be
classified as “potential domestic terrorists.” As such they will be subject to indefinite
detention just for exercising their constitutional right to assemble and
protest. Indeed even before the NDAA
became law, the military used a predator drone to
assist a local
sheriff arrest an anti-government family for the crime of failing to report
that some cows had wandered onto their 3,000 acre ranch.
The bottom line
is that the definition is filled with loopholes, and even if it were not, there
are no checks and no balances against even the most trumped up of charges being
used against political opponents.
(c) DISPOSITION UNDER LAW OF WAR.—The disposition
of a
person under the law of war as described in
subsection (a) may
(1)
Detention under the law of war without trial until
the
end of the hostilities authorized by the Authorization for
When will the
“end of hostilities” be for the war on “terror”? Will it be, as comedian Jon Stewart suggests,
“when terror surrenders and is no longer available as a human emotion?” Terror is a tactic, not a government. You can’t defeat a tactic, you can only
defeat enemies which use a tactic. The
war on terror is a forever-war, being used to justify the de-facto imposition
of martial law on the people of the United States. Until the trap is completely shut, they
want to assure you that this is not being done, even as they do it right in
front of you. Detention until the end of
“hostilities” is the same as detention for life, unless there is a revolution.
(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)).
You can be
given a trial under this military law or…
(3)
Transfer for trial by an alternative court or competent
tribunal
having lawful jurisdiction.
If an actual
trial, even a military one, using fixed rules in advance is too inconvenient
for them, they can throw up some ad hoc “tribunal” to decide your fate. Needless to say, the rules we are used to
being afforded as U.S. citizens will not apply. They can make up the rules as they go
along.
(4)
Transfer to the custody or control of the person’s country
of
origin, any other foreign country, or any other foreign entity.
Notice that the
language allows U.S. citizens to be sent to foreign nations for detention, and
presumably “interrogation.” It’s not
just foreigners being sent to their country of origin, but anyone can be sent
to any country.
(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.
Is this
supposed to reassure us? Given that the
President has already determined that he has the authority to conduct secret assassinations of American citizens without trial or outside review it is hard to see how
any grant of authority could expand
that which he currently exercises.
Therefore the only affect a clause which says the legislation does not
“limit or expand” that authority is to confirm that it is not limited in anyway
by the legislation.
The law gives
congressional cover to the current extra-constitutional actions and powers
being exercised by this President against U.S. citizens. Perhaps the first citizen assassinated using
this power was a bad person who deserved it, but what about the next one
hundred such assassinations? Since there
is no accountability, we just can’t know.
This provision
was added at Obama’s insistence because he claimed he already had authority (from
the Authorization for Use of Military Force) to do everything this bill says he
can do.
(e)
AUTHORITIES.—Nothing in this section shall be construed
to
affect existing law or authorities relating to the detention of
United
States citizens, lawful resident aliens of the United States,
or
any other persons who are captured or arrested in the United
At first you
might be tempted to think “we are off the hook, this is not to be construed to
affect our constitutional rights!”
Unfortunately, that is not what they are talking about here. Those are not the “laws or authorities”
they have in mind. A quick look at the Bill of Rights, in particular amendments four through
seven, shows practically everything in this section is violating those
protections.
No, what they
are talking about here, if it has any meaning at all other than fluff to
pretend that the rest of the act is not doing what it is in fact doing, is to
give a fig leaf of legal cover on prisoner treatment. This should be understood in the context of
Obama’s threat to veto the original bill because he claimed he already had the
authority to indefinitely detain people.
He threatened to veto it, not because it gave him too much power, but
rather because the original bill placed restrictions on him he did not wish to
have.
This was placed
in there to reassure Obama that what he had already done was not going to be
held against him later. It is cover to
the effect that they were only confirming he could do what he has already been
doing so that he could not be sued for similar actions he took before the act
was passed.
(f)
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).
Ah, so there is
some accountability. Congress gets
briefed on who has been rounded up. If
you are generous enough in your donations to these public servants, perhaps
they will condescend to tell you if your vanished love one is on the list.
The more
sheepish among us will accept Griffin’s misinformation about this bill because
the alternative would obligate them to do something beyond pull a lever for
candidates from one of the two DC controlled political clubs which have imposed
monstrosities like this upon us. May God
have mercy on our souls.