McCain/Lieberman/Brown Traitors to the Constitution. Call to Demand They Place Themselves Under Arrest
For violation of oath to uphold Constitution, Sixth Amendment, which guarantees all Americans a trial by a jury of their peers regardless of the accusation. They will be charged with attempting to overthrow the Law of the Land and could receive the death penalty.
Convey an order to the Sergeant-at-Arms of the United States Senate to place these traitors under arrest. These should be our only phone calls.
Alarm sounded at Daily Paul, another "Midnight Ride" to Lexington!
Americans may be held indefinitely, without notice of their Miranda Rights, and without ever being charged with a crime.
We must see it clearly. This is an attack, nothing less. Please call or write.
Sergeant at Arms: Bill Pickle
(202)224-2341
S-151, US Senate Office 151
Washington, DC
http://assets.theatlantic.com/static/mt/assets/politics/ARM1...
FULL TEXT OF DRAFT BILL:
A BILL
To provide for the interrogation and detention of enemy belligerents who commit hostile acts against the United States, to establish certain limitations on the prosecution of such belligerents for such acts, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010’’.
SEC. 2. PLACEMENT OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS IN MILITARY CUSTODY.
(a) MILITARY CUSTODY REQUIREMENT.—Whenever within the United States, its territories, and possessions, or outside the territorial limits of the United States, an individual is captured or otherwise comes into the custody or under the effective control of the United States who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism, or by other means in violation of the laws of war, or of purposely and materially supporting such hostilities, and who may be an unprivileged enemy belligerent, the individual shall be placed in military custody for purposes of initial interrogation and determination of status in accordance with the provisions of this Act.
( B ) REASONABLE DELAY FOR INTELLIGENCE ACTIVITIES.—An individual who may be an unprivileged enemy belligerent and who is initially captured or otherwise comes into the custody or under the effective control of the United States by an intelligence agency of the United States may be held, interrogated, or transported by the intelligence agency and placed into military custody for purposes of this Act if retained by the United States within a reasonable time after the capture or coming into the custody or effective control by the intelligence agency, giving due consideration to operational needs and requirements to avoid compromise or disclosure of an intelligence mission or intelligence sources or methods.
SEC. 3. INTERROGATION AND DETERMINATION OF STATUS OF SUSPECTED UNPRIVILEGED ENEMY BELLIGERENTS.
(a) ESTABLISHMENT OF INTERROGATION GROUPS.—
(1) ESTABLISHMENT AUTHORIZED.—The President is authorized to establish an interagency team for purposes as follows:
(A) To interrogate under subsection ( B ) individuals placed in military custody under section 2.
( B ) To make under subsection ( c ) (1) a preliminary determination of the status of individuals described in section 2.
(2) COMPOSITION.—Each interagency team under this subsection shall be composed of such personnel of the Executive Branch having expertise in matters relating to national security, terrorism, intelligence, interrogation, or law enforcement as the President considers appropriate. The members of any particular interagency team may vary depending on the skills most relevant to a particular case.
(3) DESIGNATIONS.—
(A) HIGH-VALUE DETAINEE.—An individual placed in military custody under section 2 shall, while subject to interrogation and determination of status under this section, be referred to as a ‘‘high-value detainee’’ if the individual meets the criteria for treatment as such established in the regulations required by subsection (d).
( B ) HIGH-VALUE DETAINEE INTERROGATION GROUP.—An interagency team established under this subsection shall be known as a ‘‘high-value detainee interrogation group’’.
( b ) INTERROGATIONS.—
(1) INTERROGATIONS TO BE CONDUCTED BY
HIGH-VALUE DETAINEE INTERROGATION GROUP.—A high-value detainee interrogation group established under this section shall conduct the interrogations of each high-value detainee.
(2) UTILIZATION OF OTHER PERSONNEL.—A high-value detainee interrogation group may utilize military and intelligence personnel, and Federal, State, and local law enforcement personnel, in conducting interrogations of a high-value detainee. The utilization of such personnel for the interrogation of a detainee shall not alter the responsibility of the interrogation group for the coordination within the Executive Branch of the interrogation of the detainee or the determination of status and disposition of the detainee under this Act.
(3) INAPPLICABILITY OF CERTAIN STATEMENT AND RIGHTS.—A individual who is suspected of being an unprivileged enemy belligerent shall not, during interrogation under this subsection, be provided the statement required by Miranda v. Arizona (384 U.S. 436 (1966)) or otherwise be informed of any rights that the individual may or may not have to counsel or to remain silent consistent with Miranda v. Arizona.
( c ) DETERMINATIONS OF STATUS.—
(1) PRELIMINARY DETERMINATION BY HIGH VALUE DETAINEE INTERROGATION GROUP.—The high-value detainee interrogation group responsible for interrogating a high-value detainee under subsection ( B ) shall make a preliminary determination whether or not the detainee is an unprivileged enemy belligerent. The interrogation group shall make such determination based on the result of its interrogation of the individual and on all intelligence information available to the interrogation group. The interrogation group shall, after consultation with the Director of National Intelligence, the Director of the Federal Bureau of Investigation, and the Director of the Central Intelligence Agency, submit such determination to the Secretary of Defense and the Attorney General.
(2) FINAL DETERMINATION.—As soon as possible after receipt of a preliminary determination of status with respect to a high-value detainee under paragraph (1), the Secretary of Defense and the Attorney General shall jointly submit to the President and to the appropriate committees of Congress a final determination whether or not the detainee is an unprivileged enemy belligerent for purposes of this Act. In the event of a disagreement between the Secretary of Defense and the Attorney General, the President shall make the final determination.
(3) DEADLINE FOR DETERMINATIONS.—All actions required regarding a high-value detainee under this subsection shall, to the extent practicable, be completed not later than 48 hours after the detainee is placed in military custody under section 2.
(d) REGULATIONS.—
(1) IN GENERAL.—The operations and activities of high-value detainee interrogation groups under this section shall be governed by such regulations and guidance as the President shall establish for purposes of implementing this section. The regulations shall specify the officer or officers of the Executive Branch responsible for determining whether an individual placed in military custody under section 2 meets the criteria for treatment as a high-value detainee for purposes of interrogation and determination of status by a high-value interrogation group under this section.
(2) CRITERIA FOR DESIGNATION OF INDIVIDUALS AS HIGH-VALUE DETAINEES.—The regulations required by this subsection shall include criteria for designating an individual as a high-value detainee based on the following:
(A) The potential threat the individual poses for an attack on civilians or civilian facilities within the United States or upon United States citizens or United States civilian facilities abroad at the time of capture or when coming under the custody or control of the United States.
( B ) The potential threat the individual poses to United States military personnel or United States military facilities at the time of capture or when coming under the custody or control of the United States.
( C ) The potential intelligence value of the individual.
(D) Membership in al Qaeda or in a terrorist group affiliated with al Qaeda.
(E) Such other matters as the President considers appropriate.
(3) PARAMOUNT PURPOSE OF INTERROGATIONS.—The regulations required by this subsection shall provide that the paramount purpose of the interrogation of high-value detainees under this Act shall be the protection of United States civilians and United States civilian facilities through thorough and professional interrogation for intelligence purposes.
(4) SUBMITTAL TO CONGRESS.—The President shall submit the regulations and guidance required by this subsection to the appropriate committees of Congress not later than 60 days after the date of the enactment of this Act.
SEC. 4. LIMITATION ON PROSECUTION OF ALIEN UNPRIVILEGED ENEMY BELLIGERENTS.
(a) LIMITATION.—No funds appropriated or other wise made available to the Department of Justice may be used to prosecute in an Article III court in the United States, or in any territory or possession of the United States, any alien who has been determined to be an unprivileged enemy belligerent under section 3( c )(2).
( B ) APPLICABILITY PENDING FINAL DETERMINATION OF STATUS.—While a final determination on the status of an alien high-value detainee is pending under section 3( c )(2), the alien shall be treated as an unprivileged enemy belligerent for purposes of subsection (a).
SEC. 5. DETENTION WITHOUT TRIAL OF UNPRIVILEGED ENEMY BELLIGERENTS.
An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent under section 3( c )(2) in a manner which satisfies Article 5 of the Geneva Convention Relative to the Treatment of Prisoners of War 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.
SEC. 6. DEFINITIONS.
In this Act:
(1) ACT OF TERRORISM.—The term ‘‘act of terrorism’’ means an act of terrorism as that term is defined in section 101(16) of the Homeland Security Act of 2002 (6 U.S.C. 101(16)).
(2) ALIEN.—The term ‘‘alien’’ means an individual who is not a citizen of the United States.
(3) APPROPRIATE COMMITTEES OF CONGRESS.—The term ‘‘appropriate committees of Congress’’ means—
(A) the Committee on Armed Services, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, and the Select Committee on Intelligence of the Senate; and
( B ) the Committee on Armed Services, the Committee on Homeland Security, the Committee on the Judiciary, and the Permanent Se1lect Committee on Intelligence of the House of Representatives.
(4) ARTICLE III COURT.—The term ‘‘Article III court’’ means a court of the United States established under Article III of the Constitution of the United States.
(5) COALITION PARTNER.—The term ‘‘coalition partner’’, with respect to hostilities engaged in by the United States, means any State or armed force directly engaged along with the United States in such hostilities or providing direct operational support to the United States in connection with such hostilities.
(6) GENEVA CONVENTION RELATIVE TO THE TREATMENT OF PRISONERS OF WAR.—The term ‘‘Geneva Convention Relative to the Treatment of Prisoners of War’’ means the Geneva Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316).
(7) HOSTILITIES.—The term ‘‘hostilities’’ means any conflict subject to the laws of war, and includes a deliberate attack upon civilians and civilian targets protected by the laws of war.
PRIVILEGED BELLIGERENT.—The term ‘‘privileged belligerent’’ means an individual belonging to one of the eight categories enumerated in Article 4 of the Geneva Convention Relative to the Treatment of Prisoners of War.
UNPRIVILEGED ENEMY BELLIGERENT.—The term ‘‘unprivileged enemy belligerent’’ means an individual (other than a privileged belligerent) who—
(A) has engaged in hostilities against the United States or its coalition partners;
( B ) has purposely and materially supported hostilities against the United States or its coalition partners; or
( C ) was a part of al Qaeda at the time of capture.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect on the date of the enactment of this Act, and shall apply with respect to individuals who are captured or otherwise come into the custody or under the effective control of the United States on or after that date.
Furthermore, if you are not calling for arrest of the traitors
...then you are not defending your family. Never wait until they get to your front door. Drown this treasonous bill in the bathtub NOW.
Arrest Scott Brown and John McCain, traitors:
Sergeant at Arms: Bill Pickle
(202)224-2341
S-151, US Senate Office 151
Washington, DC
"The Constitution can be changed only by Constitutional Convention. All who attempt to abridge the Constitution otherwise are themselves outlaw."
A man who views the world the same at fifty as he did at twenty has wasted thirty years of his life.
-- Muhammad Ali
I think all traitors should be arrested, but this bill does not
do what you claim it does.
Those men might be traitors, but for other reasons.
Treason is specifically defined in the Constitution as actually making war against the United States, or one of Them, or giving material aid and comfort to our enemies.
Can you please point out how setting rules for handling detainees constitutes either "levying war" or "providing our enemies with material aid and comfort."
There is nothing in this bill that would provide or allow for the arrest or detention of U.S. citizens that are not engaged in treason. (as defined by the Constitution) I challenge you to prove, using the language of the bill, otherwise.
Your quote near the end of your post has no source. Who said this? Also, it is wrong. A ConCon is NOT the only method to change the Constitution. Try reading Article V again. In fact, the only method used to date is the Amendment process. A ConCon has never been used to alter the Constitution. The very first Congress used this method to propose twelve amendments. Eleven of them have since been ratified and made a part of the Constitution. Are you claiming the entirety of the first Congress, as well as the State legislatures which ratified those amendments are are "outlaws"? How silly. (since the Amendment process is spelled out in Article V)
For starters, we don't yet know exactly what the bill says.
The text has not been sent to the GPO for public distribution. (it was introduced on March 4th)
If it does do as feared, then yes, I agree with the general sentiment that these men are traitors. If this bill passes and becomes law, it constitutes an act of war against the several States and the people therein.
Of course, we already have the Trading With the Enemy Act of 1917 and the amendments of March 1933 thereto. Was anyone arrested over those? We were much closer to Liberty then and no one lifted a finger.
The President ALREADY has the authority to DECLARE anyone an enemy combatant, regardless of any action they have or have not committed, and have such person locked up for life, without regard to being a U.S. citizen. This authority was given just a few years ago.
Was anyone arrested over that? I don't recall any attempt to place any such traitors under arrest.
You are correct in your assessment of treason against the People, but your remedy is without teeth.
No one will be arrested over this, unless of course it is you, I, or someone else who sees this for the attack on the People that it is. The perpetrators of this treason will never see the inside of a jail cell, and no law enforcement officer is going to do his duty to bring them to justice.
No media outlet will report that these men are traitors.
No military oath taker will uphold his oath and place any of them under arrest.
If any of these men run for re-election this fall, they will assuredly win by a wide margin.
Good luck finding anyone to carry out this "demand" for their arrest or for charging them with any crime, much less treason.
It won't be that easy. No one in government has the integrity to do their job. If they did, they would have done it a long time ago.
The sad fact is that this bill will become law and people will be locked up for life, if not directly murdered, for nothing more than "disagreeing" with the "established line."
Many thousands if not millions will have to die this way before anyone does anything about it.
Sorry. There is no example (that I can find) in history where a totalitarian regime was ever successfully fought off and jailed by its own oppressed citizens.
Every major oppressive regime, which attempted anything remotely close to locking up dissidents and even murdering them was successful in solidifying power and either was conquered in a war, or collapsed many decades later due to economic strain.
Once these moves are taken, once people are actually rounded up, the end game comes quickly, and the result is not pretty. The perpetrators of these acts of treason are not brought to justice. (at least not from within)
Well I recall a tryant named King George
who although not jailed was certainly put in his place by a bunch of underdogs no one in their right mind would have bet on, who won their freedom and the very rights this legislation is trying to negate. Then you have Coscescue of Romania who met a worse end than being tried for treason, and someone named Mussolini who was strung up upside down by his former subjects. Sure the examples are not many or exact, but tyranny has been defeated many times.
You have lived relatively free because a bunch of men long ago decided they wouldn't give up. Are you really willing to consign your children and grandchildren to a life in which they have no rights so easily? That is not an American. Shame on you.
A man who views the world the same at fifty as he did at twenty has wasted thirty years of his life.
-- Muhammad Ali
The American Revolution was not a case as we have now.
We are not a distant colony seeking independence from a repressive regime. We want our government to obey its own laws.
King George remained in power and did not change his behavior. What changed was his ownership of the colonies.
Nicolae Ceauşescu was in power for twenty-four years before he was deposed. He was executed by military firing squad following a trial. (yes, he was arrested and tried by his own people, but it took 24 YEARS for that to happen) He was not as far as I know, arrested for or convicted of treason, though he faced a sentence fitting to that crime.
Mussolini was captured by communists while trying to flee dressed as German military following the Allied invasion of Italy. He was executed on a roadside by a communist commander. He was not "strung upside down" and to claim those who did this were his "former subjects" paints a picture that isn't completely faithful to the truth of those events. These weren't "average citizens" who'd "had enough" and finally got their man. He was killed by a rival faction within the power structure of the country. A rival faction that is not in any sense of the word, "friendly" to Liberty.
Yes, tyranny has been defeated many times, but the examples of THE PEOPLE fighting tyranny in order to restore Liberty are few and hard to find if existent at all. Where they do exist, they come after DECADES of oppression. Find me a case where the people of a country demanded the arrest of such men as the present Senators you are calling for action against, and they got it. Even if you could find an example, that doesn't in any prove there is any likelihood of it happening here, on this issue or any other.
I didn't say I wouldn't fight to protect my Liberty or my family
I never even alluded to that.
I merely stated that your call for "arrest" will fall on deaf ears and will not be heeded. No such arrests will be made, no matter how many people call for it.
Now that the text is available, I've looked it over and it does not do what is purported.
Here is what I've gathered from reading the bill:
#1 If you are a U.S. Citizen Article III courts, are still open to you. (in fact, Article III courts are only closed with respect to prosecutions of you if you are not a citizen, it says nothing for citizen and non-citizens alike about your attempt to prosecute them in Article III courts for wrongful detention, arrest, treatment, etc.)
#2 Unless you are an "unprivileged enemy belligerent" then you cannot be held indefinitely without charges or trial.
#3 In order to be an "unprivileged enemy belligerent" then you must meed the following three conditions:
United States or its coalition partners
ported hostilities against the United States
its coalition partners
capture.
#4 if you haven't done any of these, then there is no reason to "capture" you or bring you under the "effective control" of the United States or any intelligence agency of the United States.
#5 If you are taken into custody and are not a belligerent at all, as noted in #4, and you are a U.S. citizen, then as noted in #1, Article III courts are still open to you for your protection.
#6 Even if you are "suspected" of being a belligerent, and they take you into custody, they have 48 hours to make a determination that you committed one of the three acts listed above in #3 in order to continue to hold you under military jurisdiction.
True, there is no oversight in the bill. There is no explicit protection for people wrongfully detained and incorrectly suspected of being a belligerent. There is also no explicit protection for people who are not belligerents but are nonetheless detained, with or without charges, and held in a military jurisdiction, or denied access to Article III courts due to the incompetence or outright underhanded motives of the bureaucrats in the chain of command. But this is no different than the situation we already are under. This bill while not an improvement is nothing worse than what we already have. It merely defines the treatment of POWs who do not already fall under the Geneva Convention.
#2 Unless you are an
#2 Unless you are an "unprivileged enemy belligerent" then you cannot be held indefinitely without charges or trial.
Colonist, we can settle this debate right now. The Constitution makes no provision for "unprivileged enemy belligerents." You are either an American, or you are not. The rights of foreign nationals may be open to debate. However, it is clear as day that the Founders intended us to be born with the right, INALIENABLE UNDER GOD, to the Sixth Amendment right to a jury trial of peers, whatever the charge.
This "law" is presuming to create a nebulous category which suits arbitrary power. It is arbitrary power which we defeated in battles 234 years ago. I have not relinquished my rights.
Have you, my friend?
A man who views the world the same at fifty as he did at twenty has wasted thirty years of his life.
-- Muhammad Ali
No, I haven't relinquished any of my rights.
And this bill does nothing of the sort.
You were quick to point out #2, but you conveniently ignored #1. Go read it again. As a U.S. citizen the normal judicial system IS NOT CLOSED TO YOU.
It defines how a certain category of people, which exists at present, should be handled while in custody.
It says nothing about arresting people because they disagree with the government or even implies that such is possible.
On the contrary, ONLY people who actively have engaged in hostilities against the U.S., have provided those engaged in hostilities with MATERIAL aid and comfort, or who were members of al Qaeda, and are NOT already covered by the Geneva Convention, fall into this category.
If you are a U.S. Citizen and you are NOT engaged in one of those actions, then this law DOES NOTHING to you. You still retain all of your rights as you have them now.
If you are engaged in one of those actions then YOU are a traitor and you SHOULD be held by military jurisdiction.
READ THE BILL. (and try not to read in things that are not there)
p.s. - neither you nor I am a "colonist." That sort of talk simply makes you look looney toons. Try sticking with reality please. Otherwise I have nothing more to discuss.
I am afraid I must agree
It has been working up to this for some time since the first trial balloon with Jose Padilla, but this is egregious and in open daylight. This is a gauntlet being thrown down, interesting that it is taking place in the midst of war deliberations.
I say we take this call for law enforcement seriously. They are not messing around anymore. We should tell them neither are we. Who here cannot see what is coming? Sit in a congressman's office, a bunch of people chain themselves to desks, they are terrorists. "Interfering with the legitimate conduct of the nation's business, causing economic havoc." Everyone knows bin Laden's plan was to hit the US economy. No different.
Issue the calls for arrest right now. You may feel a little silly at first, but it's important to drown this in the bathtub. We'll wish we had when we are sitting in FEMA camps. Thinking, we should have had them arrested while we could.
I can see no reason not to follow this course. Debate please.
"Give me liberty or give me death." - Patrick Henry