Rand Paul Statement: McCain-led NDAA Conference Committee Strips Right to Jury Trial

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Yesterday, in a closed door conference committee on the FY 2013 National Defense Authorization Act, conferees stripped out an amendment that would have prohibited the indefinite detention of American citizens and lawful permanent residents. (In violation of the Constitution’s ‘4th & 5th amendment’  I might add)

In a letter sent to both the House and Senate today, Campaign for Liberty President John Tate urged Congressmen to vote NO on the NDAA conference report.

On behalf of over half a million Campaign for Liberty grassroots activists across the country, I urge you to oppose the National Defense Authorization Act Conference Report for its deliberate insistence on allowing for the indefinite detention of American citizens.

Previously, Senators Mike Lee, Rand Paul, and others worked together to adopt an amendment to the 2013 NDAA that clearly stated the 2001 AUMF construed no authority to indefinitely detain American citizens.  That amendment was adopted last month by a vote of 67-29.

On Tuesday evening, reports surfaced that this amendment was stripped out in the conference committee and replaced with the Orwellian Section 1029, which is actually titled “Rights Unaffected.”

This egregious change is a slap in the face to civil libertarians, an affront to our Bill of Rights and due process, and just another example of Washington elites conferring unconstitutional authority on the President to carry out police state actions under the guise of “keeping us safe.”

Sixty-eight years ago this week, the Supreme Court authorized the indefinite detention of American citizens of Japanese descent during WWII.  It’s shameful our Congress is again permitting the Executive Branch to lock up American citizens and throw away the key at its whim.

Therefore, on behalf of Campaign for Liberty’s members and in defense of our fundamental rights, I urge you to stand up for the Constitution and oppose the FY 2013 NDAA Conference Report.

In Liberty,

John Tate

President

The House and Senate are both expected to vote on the conference report tomorrow.

You too can take action by calling your representative and senators at 202-224-3121 and urging them to take a stand for the Constitution by sending the FY 2013 back to conference and to prohibit indefinite detention!

 

Today, Sen. Rand Paul issued the following statement regarding the newly released National Defense Authorization Act for 2013 (NDAA) conference report.

The amendment, introduced by Sens. Dianne Feinstein (D-Calif.) and Mike Lee (R-Utah) and which passed with a 67-29 vote on Nov. 29, was designed to guarantee Americans the right to due process and a jury trial. These are basic and core American legal privileges prescribed in our Bill of Rights, which have been observed since our nation’s founding. Removing these indefinite detention protections now means that the NDAA is in violation of the Fourth and Fifth Amendments of the Constitution.

“The decision by the NDAA conference committee, led by Sen. John McCain (R-Ariz.) to strip the National Defense Authorization Act of the amendment that protects American citizens against indefinite detention now renders the entire NDAA unconstitutional,” Sen. Paul said.

“I voted against NDAA in 2011 because it did not contain the proper constitutional protections. When my Senate colleagues voted to include those protections in the 2012 NDAA through the Feinstein-Lee Amendment last month, I supported this act,” Sen. Paul continued. “But removing those protections now takes us back to square one and does as much violence to the Constitution as last year’s NDAA. When the government can arrest suspects without a warrant, hold them without trial, deny them access to counsel or admission of bail, we have shorn the Bill of Rights of its sanctity.

“Saying that new language somehow ensures the right to habeas corpus – the right to be presented before a judge – is both questionable and not enough. Citizens must not only be formally charged but also receive jury trials and the other protections our Constitution guarantees. Habeas corpus is simply the beginning of due process. It is by no means the whole.

“Our Bill of Rights is not something that can be cherry-picked at legislators’ convenience. When I entered the United States Senate, I took an oath to uphold and defend the Constitution. It is for this reason that I will strongly oppose passage of the McCain conference report that strips the guarantee to a trial by jury.”

Read Rand Paul’s statement here

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Federal Judge Rules NDAA’s Indefinite Detention Unconstitutional and Issues Permanent Injunction

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It’s about time………no US citizen can be detained indefinitely according to the Constitution, charges must be made and a speedy trial with the right to face your accusers is required by the Constitution.

Ruling Backed By Civil Liberties Groups Who Urge Obama to Give Up Defending Indefinite Detention

Civil liberties groups are asking the Obama administration to stand down and give up defending America’s law allowing the indefinite detention of terrorism suspects after a judge Wednesday issued a permanent injunction against it.

The indefinite detention law — contained in the National Defense Authorization Act of 2012 — codified the post-9/11 practice of having the military jail suspects, including Americans, and hold them without trial.

Federal Judge Katherine Forrest reaffirmed on Wednesday her May ruling that the provision was unconstitutional, and made the ruling permanent. She had previously found that the law could be used to imprison activists and journalists without trial, noting that it does not define what it means to substantially “support” Al Qaeda or “associated” forces.

The detention provision in the NDAA affirms the administration’s right to detain a “person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces.”

Forrest found that reporters who talk to and write about someone who could be defined as being part of an “associated force” could be deemed to be substantially supporting them.

“First Amendment rights are guaranteed by the Constitution and cannot be legislated away,” Forrest said in Wednesday’s new ruling. “This Court rejects the Government’s suggestion that American citizens can be placed in military detention indefinitely, for acts they could not predict might subject them to detention.”

Other plaintiffs in the case are Pulitzer prize-winning journalist Chris Hedges, Pentagon papers leaker Daniel Ellsberg and left-wing scholar Noam Chomsky.

It was not immediately clear whether the administration would appeal to a higher court, but civil liberties advocates were asking the White House to quit the case.

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Obama fights ban on indefinite detention of Americans

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Again I must ask…..what about the Constitution where it says we have a right to speedy trial and face our accusers?  You know, the 6th amendment ….being terrorists doesn’t change that, especially American terrorists. Even then the Constitution applies. Folks we are seeing the Constitution being trampled on weekly if almost daily now and that is not good. For those that think it is outdated, if you could see the future and what it holds without the current Constitution, you’d change your mind real fast about changing what we’ve had for over 200 yrs., it’s worked pretty good for us.

The White House has filed an appeal in hopes of reversing a federal judge’s ruling that bans the indefinite military detention of Americans because attorneys for the president say they are justified to imprison alleged terrorists without charge.

Manhattan federal court Judge Katherine Forrest ruled in May that the indefinite detention provisions signed into law late last year by US President Barack Obama failed to “pass constitutional muster” and ordered a temporary injunction to keep the military from locking up any person, American or other, over allegations of terrorist ties. On Monday, however, federal prosecutors representing President Obama and Defense Secretary Leon Panetta filed a claim with the 2nd US Circuit Court of Appeals in hopes of eliminating that ban.

The plaintiffs “cannot point to a single example of the military’s detaining anyone for engaging in conduct even remotely similar to the type of expressive activities they allege could lead to detention,” Obama’s attorneys insist. With that, the White House is arguing that as long as the indefinite detention law hasn’t be enforced yet, there is no reason for a judge to invalidate it.

Reuters reports this week that the government believes they are justified to have the authorization to lock alleged belligerents up indefinitely because cases involving militants directly aligned against the good of the US government warrants such punishment. Separate from Judge Forrest’s injunction, nine states have attempted to, at least in part, remove themselves from the indefinite detention provisions of included in the National Defense Authorization Act for Fiscal Year 2012, or NDAA.

“[T]here are so many people from all sides of the political spectrum opposed to this law that they ought to just say, ‘We’re not going to appeal,’”attorney Carl Mayer said. “The NDAA cannot be used to pick up Americans in a proverbial black van or in any other way that the administration might decide to try to get people into the military justice system. It means that the government is foreclosed now from engaging in this type of action against the civil liberties of Americans.”

The original plaintiffs, who include Pulitzer Prize-winner Chris Hedges, have asked Just Forrest to make her injunction permanent. Oral arguments in the case are expected to begin this week.

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Illinois Rep. Mike Bost Explodes Over Tyranny On House Floor

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Chicago Now

Judge Strikes Down NDAA, Rules Obama Must Obey Constitution

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At least one Judge has some Constitutional sense and isn’t afraid to use it.

President Obama face WH photo SC Judge strikes down NDAA, rules Obama must obey Constitution

In a considerable setback for a president eager to ravage the due process rights of the American people, Federal Judge Kathleen Forrest granted a preliminary injunction on Wednesday, striking down those sections of the National Defense Authorization Act (NDAA) of 2012 which sought to provide Barack Obama the power to indefinitely detain citizens without benefit of their 5th Amendment rights.

Signed very quietly into law on New Year’s Eve, the controversial Act has been roundly criticized as unconstitutional by groups on both the political left and right. Of greatest concern was Section 1021, which grants the United States military authority to exercise police powers on American soil. Upon order of the president and at his sole discretion, agents of the military are empowered to detain “until the end of hostilities” anyone the president believes to have “substantially supported” al Qaeda, the Taliban, or “associated forces.”

Judge Forrest concluded that the Section “…failed to ‘pass Constitutional muster’ because its broad language could be used to quash political dissent.” In a statement clearly directed to lawmakers, she added,   ”Section 1021 tries to do too much with too little – it lacks the minimal requirements of definition and scienter that could easily have been added, or could be added, to allow it to pass constitutional muster.” That is, Congress failed—perhaps deliberately– to define “substantial support” of terrorist groups or describe those activities which might be construed as crossing the legal line. And no law may be enforced if those to whom it applies are unable to clearly understand what a violation of that law entails.

Nothing could more plainly reveal the rank corruption and lust for power of the Manchurian Candidate than his involvement in crafting and then misrepresenting the final text and authority of the NDAA. According to Democrat Senator Carl Levin, it was Obama himself who demanded American citizens be included under the detention law and that the President have exclusive authority to invoke the statute. “The language which precluded the application of Section [1021] to American citizens was in the bill that we originally approved…and the administration asked us to remove the language which says that U.S. citizens and lawful residents would not be subject to this section,” said Levin after the NDAA was signed into law.

Yet in his signing statement, Obama wrote that he had in fact forced Congress to “…[revise] provisions that otherwise would have jeopardized the safety, security and liberty of the American people.” So rather than the grand inquisitor, committing to prison any American citizens he chose to view as enemies, Obama claimed to be their champion and savior, protecting them from the excesses of an over-zealous Congress!

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Executive Orders And The New American Sovyet

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Dear Mr. Boehner, Mr. McConnell, et. al;

Our federal government is out of control.  It is not the role of the federal government to regulate the daily lives of the citizens.   It is not the role of the federal government to regulate domestic commerce.  It is not the role of the federal government to tell farmers what to grow, nor tell people what to eat.  It is not the role of the federal government to dictate the education of our children.  It is not the job of the federal government to trespass into state criminal investigations.

It is not the role of the federal government to control our rural or municipal affairs; yet, the President has now established federal councils for both rural affairs (Executive Order 13575—Establishment of the White House Rural Council June 9, 2011)and municipal affairs (Executive Order— Establishing a White House Council on Strong Cities, Strong Communities May 1, 2012).  Russia called these councils the “sovyet” and they are the final building blocks to communism.  It is not the role of the Federal government to be the people’s nanny.

It’s not the role of the Federal government to spend this nation into oblivion.  Pardon me if I do not get excited about your current budget debate.  That drama has outlived itself, and I say let the government shut down for a while; we might buy a few more days of life for our Constitution.   I am also not impressed by your resolution on foreign affairs, encouraging “democracies” in foreign nations, while our republic is being actively destroyed by its own government.

It is your role, Congress, to stop the Executive encroachment into the Legislature and it is your duty to stop the Federal encroachment upon individual Liberty.  Our founders took great care when creating a federal government that would be limited and always in submission to the states and the people.  WHEN is Congress going to take a real stand against the destruction of the rights and privileges of this people? Will you wait until it’s too late? Mere “outrage” doesn’t get the job done.  This Congress is pushing the nation to a point of turmoil it has not seen for 150 years.  And make no mistake; each and every one of you will be personally responsible for what will occur.  Are you prepared to live with that responsibility and those consequences?  It will not fall on the shoulders of the President alone and the blame game will not alleviate the suffering of our children when they are so grievously affected.  Yet, we can avoid repeating the mistakes of our history.  But we must act now. We must act decisively.  If not, we will regret our neglect.  We have the opportunity now, but have no guarantee it will be available much longer.

Does Congress truly understand WHY people fled communist nations to come to the greatest nation in the world?  Do you truly know the cost of such sacrifice and what you are supposed to be defending?  You are fooling yourselves if you think one more election is going to fix it.  You don’t have that kind of time.  The blocks are in place, and you have provided the mortar.  Take a stand now.  Not a political stand, but a stand that involves integrity, courage, and resolve.  No more petitions asking the president to stop stealing legislative power.  No more demands that Eric Holder resign.  YOU must do your job and YOU must defend this nation and it’s Constitution from these enemies, both foreign and domestic.   You must:

  1. Put an end to the executive order madness.  Exercise your constitutionally given power, as provided through the checks and balances and separation of powers.  Show this nation that you understand that Legislative power is not to be shared and it is definitely NOT to be taken.
  2. We are not subjects of the United Nations and never intend to be.  Get them out of our business.
  3. If you are unwilling to impeach, defund any person appointed by the executive branch outside Congressional and Constitutional authority.  (i.e. all the Christmas appointments and Czars)
  4. Pick up your Congressional oversight responsibility and shut down these executive regulatory agencies whose only purpose is to “harass our people, and eat out their substance.”
  5. Get control of the immigration in this nation.  We don’t want to see GAO reports telling us that the Department of Homeland Security (DHS) and the State Department cannot agree on the degree of terrorist association a visa applicant must have to render the applicant ineligible.
  6. It is time to indict Eric Holder for the criminal that he is. No more whining, no more demanding for resignations, INDICT him and then FIRE him.
  7. Impeach Elena Kagan.  She is obviously incapable of using the appropriate professional ethic and judgment needed to be a Supreme Court Justice.  Learn from this mistake and actually involve yourselves in the confirmation process.  Your employers are sick to death of political games.
  8. Repeal The Federal Restricted Buildings and Grounds Improvement Act.  Now. You are supposed to be protecting the rights of the people, not violating them.
  9. End the 4th amendment violations permitted in the Patriot Act.  Now.
  10. Repeal sections 1021 & 1022 of NDAA 2012. It’s not only about habeas corpus, it’s about
    1.  unilateral power given to the president by congress to determine who is a terrorist and then detain them in secret with no probable cause;
    2. unilateral power given to the president by congress to invoke the laws of war during a “hostility”;
    3. unilateral power given to the president by congress to transfer the power under the laws of war to “domestic agencies fighting terrorists”
  11. Get the IRS out of the passport business.
  12. Don’t just read the Constitution, study it.  Not how you studied it in law school, that wasn’t the Constitution, that was Constitutional Law, there is a huge difference.  Those of you who went to Harvard, we understand if you don’t know what the Constitution is, it hasn’t been studied there in years.  May I suggest a course that I know will teach you the truth and is so simple a Congressman can understand it.  I happen to know the teacher personally and I am sure that she would come teach it at her own expense and sacrifice.  Interested? Click Here.

These are some of the demands of your employers; we demand you do your job.  These are the requirements of our founders; they have entrusted us with the Liberty purchased with their lives.  These are the duties imposed upon you by the Constitution of the United States, and your obligations consistent with the oaths you took.  And, these are the times that try men’s souls. How will history remember us? The generation that participated in death of Liberty or the generation that gave our last breath to prosper it? I have made my choice. How will you choose?

Sincerely,

KrisAnne Hall

www.KrisAnneHall.com

 

“We are Preparing for Massive Civil War,” Says DHS Informant

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I guess this explains why DHS has been buying huge amounts of ammo…..like 450  million rounds of 40 cal. hollow point ammo…..What I am posting here in unbelieveable, this is America isn’t it?

In a riveting interview on TruNews Radio, Wednesday, private investigator Doug Hagmann said high-level, reliable sources told him the U.S. Department of Homeland Security (DHS) is preparing for “massive civil war” in America.

“Folks, we’re getting ready for one massive economic collapse,” Hagmann told TruNewshost Rick Wiles.

“We have problems . . . The federal government is preparing for civil uprising,” he added, “so every time you hear about troop movements, every time you hear about movements of military equipment, the militarization of the police, the buying of the ammunition, all of this is . . . they (DHS) are preparing for a massive uprising.”

Hagmann goes on to say that his sources tell him the concerns of the DHS stem from a collapse of the U.S. dollar and the hyperinflation a collapse in the value of the world’s primary reserve currency implies to a nation of 311 million Americans, who, for the significant portion of the population, is armed.

Uprisings in Greece is, indeed, a problem, but an uprising of armed Americans becomes a matter of serious national security, a point addressed in a recent report by the Pentagon and highlighted as a vulnerability and threat to the U.S. during war-game exercises at the Department of Defense last year, according to one of the DoD’s war-game participants, Jim Rickards, author of Currency Wars: The Making of the Next Global Crisis.

Through his sources, Hagmann confirmed Rickards’ ongoing thesis of a fear of a U.S. dollar collapse at the hands of the Chinese (U.S. treasury bond holders of approximately $1 trillion) and, possibly, the Russians (threatening to launch a gold-backed ruble as an attractive alternative to the U.S. dollar) in retaliation for aggressive U.S. foreign policy initiatives against China’s and Russia’s strategic allies Iran and Syria.

“The one source that we have I’ve known since 1979,” Hagmann continued.  “He started out as a patrol officer and currently he is now working for a federal agency under the umbrella of the Department of Homeland Security; he’s in a position to know what policies are being initiated, what policies are being planned at this point, and he’s telling us right now—look, what you’re seeing is just the tip of the iceberg.  We are preparing, we, meaning the government, we are preparing for a massive civil war in this country.”

“There’s no hyperbole here,” he added, echoing Trends Research Institute’s Founder Gerald Celente’s forecast of last year.  Celente expects a collapse of the U.S. dollar and riots in America some time this year.

Since Celente’s ‘Civil War’ prediction of last year, executive orders NDAA and National Defense Resources Preparedness were signed into law by President Obama, which are both politically damaging actions taken by a sitting president.

And most recently, requests made by the DHS for the procurement of 450 million rounds of hollow-point ammunition only fuels speculation of an upcoming tragic event expected on American soil.

These major events, as shocking to the American people as they are, have taken place during an election year.

He added, “It’s going to get so much worse toward the election, and I’m not even sure we’re going to have an election in this country.  It’s going to be that bad, and this, as well, is coming from my sources.  But one source in particular said, ‘look, you don’t understand how bad it is.’  This stuff is real; these people, the Department of Homeland Security (DHS), they are ready to fight the American people.”

TruNews Wiles asked Hagmann: who does the DHS expect to fight, in particular?  Another North versus South, the Yankees against the Confederates?  Hagmann stated the situation is far worse than a struggle between any two factions within the U.S.; it’s an anticipated nationwide emergency event centered on the nation’s currency.

“What they [DHS] are expecting, and again, this is according to my sources, what they’re expecting is the un-sustainability of the American dollar,” Hagmann said.  “And we know for a fact that we can no longer service our debt.  There’s going to be a period of hyperinflation . . . the dollar will be worthless . . . The economic collapse will be so severe, people won’t be ready for this.”

Beacon Equity

 

 

 

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