Greenwald: Congress endorsing military detention, a new AUMFSubmitted by pseudonym on Thu, 12/01/2011 - 10:39
Brilliant as usual
One of the nation’s most stalwart war cheerleaders and one of the bill’s most vocal proponents, Sen. Lindsey Graham, made clear what the provision’s intent is: “If you’re an American citizen and you betray your country, you’re not going to be given a lawyer . . . I believe our military should be deeply involved in fighting these guys at home or abroad.” As Graham made chillingly clear, one key effect of the provision is that the U.S. military — rather than domestic law enforcement agencies — will be used to apprehend and imprison accused Terrorists on American soil, including U.S. citizens.
In doing so, Graham and the bill he supports — exactly like all those who supported Obama’s due-process-free assassination of Anwar Awlaki – have apparently decided simply to dispense with Article 3, Section 3 of the Constitution, which provides that nobody can be punished for treason without heightened due process requirements being met. In that regard, compare (a) Graham’s pronouncement (widely shared by those supporting Awlaki’s assassination) that “if you’re an American citizen and you betray your country, you’re not going to be given a lawyer” to (b) the Constitutional requirement in Art. III, Sec. 3 that “No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.” To deny a citizen the right to a lawyer and go to court on the ground that they’ve “betrayed their country” and thus deserve to be imprisoned without a trial (or, worse, to be assassinated without one) is a violent a betrayal of the U.S. Constitution as one can imagine, literally.