National Defense Authorization Act:US military can imprison civilians w/o charges
Either Monday or Tuesday the Senate will vote on a bill that allows the US military to imprison civilians with no formal charges and hold them with no trial.
The ACLU reports even US citizens wouldn't be immune as the legislation aims to declare national territory part of the "battlefield" in the War on Terror.
Termed the National Defense Authorization Act (NDAA) and drafted behind closed doors by Senators Carl Levin (D-Mich.) and John McCain (R-Ariz.) the NDAA would:
1) Explicitly authorize the federal government to indefinitely imprison without charge or trial American citizens and others picked up inside and outside the United States;
(2) Mandate military detention of some civilians who would otherwise be outside of military control, including civilians picked up within the United States itself; and
(3) Transfer to the Department of Defense core prosecutorial, investigative, law enforcement, penal, and custodial authority and responsibility now held by the Department of Justice.
From the ACLU's website:
In support of this harmful bill, Sen. Lindsey Graham (R-S.C.) explained that the bill will “basically say in law for the first time that the homeland is part of the battlefield” and people can be imprisoned without charge or trial “American citizen or not.” Another supporter, Sen. Kelly Ayotte (R-N.H.) also declared that the bill is needed because “America is part of the battlefield.”
In an effort to stop the bill, Sen. Mark Udall (D-Colo.) is floating the Udall Amendment, which according to the ACLU is:
"A way for the Senate to say no to indefinite detention without charge or trial anywhere in the world where any president decides to use the military. Instead of simply going along with a bill that was drafted in secret and is being jammed through the Senate, the Udall Amendment deletes the provisions and sets up an orderly review of detention power. It tries to take the politics out and put American values back in.
Read more: http://www.businessinsider.com/secret-bill-to-be-voted-on-to...
http://www.businessinsider.com/secret-bill-to-be-voted-on-to...
What madness is this?
This will destroy the very
This will destroy the very ideals and values our country was built on, and everything our ancestors have fought bled and died for. It will totally undermine the heart of this country.It's unacceptable!
Moral Courage
I'm in the military and I serve in the Marine Corps when joining this establishment. I vividly remember being told to uphold and defend the constitution. In training you're taught to have the Moral Courage to stand up for what is right in the face of adversary. If I was told to go and start arressting american citizens without just cause I wouldn't do it. I'll tell any commanding officer what we are doing is wrong.
UCMJ Info
Oath of Enlistment
In the Armed Forces EXCEPT the National Guard (Army or Air)
I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the orders of the officers appointed over me, according to regulations and the Uniform Code of Military Justice. So help me God.
In the National Guard (Army or Air)
I, (NAME), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the State of (STATE NAME) against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the President of the United States and the Governor of (STATE NAME) and the orders of the officers appointed over me, according to law and regulations. So help me God.
Guide Note: There has been some controversy about whether the phrase "So help me God" is mandatory. I have seen officers allow enlistees to omit these words, if they choose, according to their religious preference and beliefs. While federal law does not appear to make any part of the oath optional (see Title 10 of the United States Code), military regulations .
Current oath for a commisioned Officer:
"I, _____ (SSAN), having been appointed an officer in the Army of the United States, as indicated above in the grade of _____ do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God." (DA Form 71, 1 August 1959, for officers.)
Punitive Articles of the UCMJ
Article 92—Failure to obey order or regulation
“Any person subject to this chapter who—
(1) violates or fails to obey any lawful general order or regulation;
(2) having knowledge of any other lawful order issued by a member of the armed forces, which it is his duty to obey, fails to obey the order; or
(3) is derelict in the performance of his duties; shall be punished as a court-martial may direct.”
Elements.
(1) Violation of or failure to obey a lawful general order or regulation.
(a) That there was in effect a certain lawful general order or regulation;
(b) That the accused had a duty to obey it; and
(c) That the accused violated or failed to obey the order or regulation.
(2) Failure to obey other lawful order.
(a) That a member of the armed forces issued a certain lawful order;
(b) That the accused had knowledge of the order;
(c) That the accused had a duty to obey the order; and
(d) That the accused failed to obey the order.
(3) Dereliction in the performance of duties.
(a) That the accused had certain duties;
(b) That the accused knew or reasonably should have known of the duties; and
(c) That the accused was (willfully) (through neglect or culpable inefficiency) derelict in the performance of those duties.
Lawful order:
(c) A general order or regulation is lawful unless it is contrary to the Constitution, the laws of the United States, or lawful superior orders or for some other reason is beyond the authority of the official issuing it.
(e) Enforceability. Not all provisions in general orders or regulations can be enforced under Article 92(1). Regulations which only supply general guide-lines or advice for conducting military functions may not be enforceable under Article 92(1).
Article 89—Disrespect toward a superior commissioned officer
(5) Special defense—unprotected victim. A superior commissioned officer whose conduct in relation to the accused under all the circumstances departs substantially from the required standards appropriate to that officer’s rank or position under similar circumstances loses the protection of this article. That accused may not be convicted of being disrespectful to the officer who has so lost the entitlement to respect protected by Article 89.
Article 133—Conduct unbecoming an officer and gentleman
(2) Nature of offense. Conduct violative of this article is action or behavior in an official capacity which, in dishonoring or disgracing the person as an officer, seriously compromises the officer’s character as a gentleman, or action or behavior in an unofficial or private capacity which, in dishonoring or disgracing the officer personally, seriously compromises the person’s standing as an officer. There are certain moral attributes common to the ideal officer and the perfect gentleman, a lack of which is indicated by acts of "dishonesty, unfair dealing, indecency, indecorum, lawlessness, injustice, or cruelty."
Trying to get an interesting website rolling along, Offering free banners to DP business owners. Please contact me through the DP for details with size Etc. If you don't have one I can adjust, I will make you one.
http://www.shtfknowledge.com/index.php
I understand my UCMJ and the
I understand my UCMJ and the punishments that come with disobeying a direct or lawful order. But to tactfully tell any leadership that something is wrong is not wrong. Even out here in Afghanistan the ROEs and SOPs that we're given here we're told that if it doesn't feel right and it's not right don't do it. If someone is pointing a weapon at you defend yourself the list goes on. The point I was trying to make is that good leadership will not punish you if you tell them "I think this is wrong, sir" especially when you have other Marines saying the same thing.
Just for sharing with others
The thing is if done right the legal right to disobey an unlawful order can be found in the wording.Several opportunities with conduct unbecoming an officer can also be looked at for legalities to refuse an order.
Trying to get an interesting website rolling along, Offering free banners to DP business owners. Please contact me through the DP for details with size Etc. If you don't have one I can adjust, I will make you one.
http://www.shtfknowledge.com/index.php
why now - 10 yrs later? IRAN!!!
We are getting ready to take out Iran. If you can get through this whole video, it's well worth it. At times you may want to poke toothpicks in your eyelids but the info is vital! If you can't take it, skip to the 49 minute mark. Scheuer lays out that Hezbela & Iranian infrastructure HERE in America & Canada. New York, North Carolina and Los Angeles. When we strike Iran, they will be striking back right here on our soil. He notes that the FBI has warned of this for some time. So when blowback comes on our soil, the elected precious will be saying we had no idea that was a possibility.
If you can watch all of it pls do, he lays out much more in the body of the speach, but if you can't... you'll get a 4 minute version of what's coming. http://www.c-spanvideo.org/program/BinLaden
" Single acts of tyranny may be ascribed to the accidental opinion of they day; but a series of oppresssions...pursued unalterably, through every change of ministers, too plainly proove delibrate, systematical plan of reducing us to slavery..."
Tho
Yes
I agree it is worth listening to especially for younger people who have not lived this.
Viet Nam, I was young, by Kuwaii (and my son over there) was really an eye opener.
As far as strategically staging events in the US, why should any one be surprised?
We are so into this economy thing and forget where our roots came from.
I can only hope the new youth come to a realization to help Ron Paul get elected, even though they may not know their significance.
I have 3 sons, the oldest being taught in the 70's and the last not worldly until the 90's. Big difference in how they view the US.
mickey45
"Termed the National Defense
"Termed the National Defense Authorization Act (NDAA) and drafted behind closed doors by Senators Carl Levin (D-Mich.) and John McCain (R-Ariz.).."
Proof once again that liberal or conservative, republican or democrat do not matter anymore. The only real classification is libertarians vs. authoritarians
When our politicians proclaim
When our politicians proclaim the American people to be the "terrorists", you know that they aren't on our side.
Good article.
Thanks for posting.
This is scary stuff... I'm
This is scary stuff... I'm glad I didn't vote for McCain. He co-authored this bill apparently.
You too can enjoy the accommodations McCain had in the Seventies
and you won't even need to get shot down bombing a third world country to earn it.
This is a Travesty of Liberty
1st) Of courser we all know this is them getting around the constitution again the douche bags
.
2nd) Being in the military as a Communications analyst, amongst other things....every one is screwed. No one will be safe in privacy. They will end up admending USSID 18 some more in their inevitable power grab, and if you don't know what that is look it up. It's a restriction on NSA.
3rd) Turning you over to DoD Justice system in itself is terrible. You're pretty much guilty until proven innocent. And unless you have explicit evidence proving your innocence, you pretty much screwed because their allegations are considered correct unless proven otherwise. Only way out is the power of super lawyers.....and we all love lawyers... Been there, seen many, got my t-shirt.
I have already written my senators from Alabama to vote no on this breach of rightful justice.
I would like to hear
Ron comment on this one. It would be total ownage.
What about Rand?
He is in the Senate, after all.
Rand already submitted an ammendment
striking section 1031. Who knows what that could accomplish...Obama had arguments with the same section because he thought it actually limited his power. Very confusing.
how can a bill
by a secret commission even be brought before congress? Man, we are living in dangerous times.
Don't Tread on Me
Thanks for the Business Insider link
but please read what Dale has said:
http://www.dailypaul.com/189407/decuple-national-defense-aut...
What are these whackos trying
What are these whackos trying to do, start another civil war?
The man who thinks is a god. The man who does not think is his property.
Considering
1) How extremely powerful our military is, and
2) How they intercept all communications between would-be rebels...
No way would there ever be a civil war. At best, scattered massacres of simpleton rednecks who thought their rifles were a match for predator drones.
The solution is to get as
The solution is to get as many people providing for their own living outside of the economy so quickly that the government couldn't possibly keep up with it, then the entire economy collapses and goes away, taking the government and all those redundant bureaucrats with it.
If we don't feed them, they die, and I mean this literally.
Yes Virginia, we can starve the bastards to death! It would be a godsend to the national gene pool.
The man who thinks is a god. The man who does not think is his property.
Yes
It WOULD be possible to cut our reliance on Federal Reserve Notes, for one thing.
Also, adulation of the military has to stop. Enrollments have to stop.
Imagine if everyone quit their bureaucratic job at once. Collapse!
I think it's more than that.
I think it's more than that. It requires a new leap in the evolution of the human mind; the master of all trades and sciences, the widespread ability for complex and strategic thought, something sorely lacking in the current population.
Increasingly limited resources and the end of the oil economy will force a paradigm shift in man, a sort of punctuated equilibrium, that will advance us to the next level.
This will inevitably lead to mass extinction of the specialists in our species, but this self imposed adaptation will be all for the better. Our mission is to push this new economy, the economy of the prosumer further along and fast enough, that the drones and their queen, the government, cannot possibly hope to keep pace, ensuring their demise.
We are seeing the beginnings of the rise of this New Man, and we must do everything we can to prevent regression of our species to the mean. Our faction, the Austrians and Libertarians, have demonstrated this ability for complex thought and economic independence necessary to be the predecessors of this New Man, and represent the nucleus of a new generation for the ages, and must withdraw ourselves from their dependence, cut the lifelines, and allow them to wither away without the support of our minds and productive capabilities.
We are the future, and damn anybody who gets in our way!
The man who thinks is a god. The man who does not think is his property.
Holy $hit
that's good!!!
I didn't write it. Those have
I didn't write it. Those have been some of our core beliefs for millennia.
The man who thinks is a god. The man who does not think is his property.
You didn't write it?
But you gave no indication you were quoting someone else. Did you plagiarize or channel these "core beliefs"?
I was paraphrasing undeniable
I was paraphrasing undeniable truths.
The man who thinks is a god. The man who does not think is his property.
Ok. Well originally I just wanted to say "Brilliant post!"
as a tribute to your mind. Now it appears you are modestly declining praise on the grounds that you have merely etched some "undeniable truths" in your brain and retrieved them, keeping the original eloquence intact.
Not to sound pushy but it still strikes me as a brilliant post, however you came by it.