Re-Affirmation of Our Sixth Amendment Rights: Letter to Sergeant at ArmsSubmitted by Liberty_Belle on Mon, 03/29/2010 - 21:15
Posted by Jame_Madison_Lives in response to S.3081
Enemy Belligerent, Interrogation, Detention, and Prosecution Act of 2010
By James _Madison_ Lives~ a DailyPaul Patriot Contributor
Re-Affirmation of Our Sixth Amendment Rights, This Overthrow is of the Constitution is Treason. A letter to the Sergeant at Arms of the United States Senate concerning S. 3081 "Enemy Belligerent Interrogation, Detention, and Prosecution Act":
Sergeant at Arms
S-151, US Senate Office 151
Whereas, the first duty of all Constitutional officers who swear The Oath is to "protect, uphold and defend the United States Constitution against all enemies both foreign and domestic,"
Whereas, after 9/11 the federal government has steadily trod upon our rights under the Sixth Amendment of the Constitution, the right to a jury trial no matter what the charge, which began on May 8th, 2002, upon the arrest of American citizen Jose Padilla, who was designated "enemy combatant" in his own land under the tissue-thin claim of wartime powers in the first war declared to have "no end,"
Whereas we lend no credence whatsoever to fallacious, odious arguments which betray the bedrock principle of a presumption of innocence before the law, secured in our Bill of Rights by dint of sacrifice on ground named Lexington, Yorktown, Bunker Hill, Valley Forge, Ticondaroga, and others,
Whereas we have not forgotten these sacrifices, written in blood on battlefields,
Whereas, the claim to authority to deprive any American of his or her Sixth Amendment right to a jury trial, with counsel, no matter what the charge, is a wishful fantasy of tyrants,
Whereas, the claim that "terrorists" do not deserve Sixth Amendment rights is bankrupt prima facie, since a determination of guilt must precede the bearing of that guilt,
Whereas, the application of Ex parte Quirin by the Fourth Circuit Court of Appeals in the case of Jose Padilla is a flawed application of precedent, since an indefinite, never-ending "war on terror" has no precedent. The standard for a precedent to apply in law is "for the facts of the case to be substantially similar." The present "war" bears no similarity to the World War II context of Ex parte Quirin, since the enemy cannot be seen, cannot be determined to be defeated, and possesses no command from whom to accept surrender. In all facets the "war on terror" is a novel set of facts under law.
Whereas a war which imposes the rules of the battlefield upon ordinary citizens in their own land indefinitely is a dream of tyrants from time immemorial,,
We Patriots hereby call an end to these stealthy and determined incursions upon our Sixth Amendment rights, which began on May 8, 2002 and is now taking its boldest form in a call by certain senators of the Republic, who have sworn the oath to defend the Constitution, and instead seek to subvert what is the very bedrock of the Constitution, our "inalienable" rights under the Bill of Rights.
The Constitution can be changed only by Constitutional Convention. Those who propose to change it by any other means are derelict in their duty to defend her. For the clear overthrow of our bedrock rights attempted in the "S. 3081 Enemy Belligerent Interrogation, Detention, and Prosecution Act," We direct the Sergeant at Arms of the United States Senate to place Sen. John McCain, Sen. Scott Brown, Sen. Saxby Chambliss, Sen. James Inhofe (R-OK), Sen. George LeMieux (R-FL), Sen. Joseph Lieberman, Sen. Jefferson Sessions, Sen. John Thune, Sen. David Vitter, Sen. Roger Wicker under arrest to be charged with the crime of treason, as "domestic" enemies of the Constitution as the Oath of the arresting officer requires.
We say again to all tyrants who would follow in their path of treasonous intrigue against We the People: "Don't Tread on Me."