Allison Bricker

WASHINGTON D.C. – The man once held as a P.O.W. and tortured after his A4E-SKYHAWK jet was shot down during the Vietnam War has authored a bill entitled, “S.3081 – Enemy Belligerent, Interrogation, Detention, and Prosecution Act of 2010” which thus far has been referred to the Senate Judiciary Committee. The bill outlines the process by which Americans may be held indefinitely, without notice of their Miranda Rights, and without ever being charged with a crime. Worse detainment of an individual according to the legislation is authorized by mere suspicion that the individual did or seeks to harm any asset of the United States government or any civilian target.

Even more disappointing, the bill introduced last Thursday, March 4 already has 9 co-sponsors, including the supposed “Tea Party” candidate Senator Scott Brown of Massachusetts.

Calls made by this blogger to Senator McCain’s press office for comment regarding the Senators’ bill entitled “S. 3081__ ‘Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010″* remain unanswered as of this writing. However it is unlikely that Senators McCain or Lieberman would agree that their statist takes on protecting the “Homeland” come at the cost of fundamentally altering the Republic and Constitutional principles for which they took an oath to uphold and defend.

Case in point, Senator McCain’s website proudly displays his most recent vitriolic pronouncements against Liberty whereby he stated:

Mr. President, I rise to introduce legislation that sets forth a clear, comprehensive policy for the detention, interrogation and trial of enemy belligerents who are suspected of engaging in hostilities against the United States. This legislation seeks to ensure that the mistakes made during the apprehension of the Christmas Day bomber, such as reading him a Miranda warning, will never happen again…”

Senator John McCain (AZ)
U.S. Senate
Floor Statement³
March 4th, 2010

As was predicted when the Bush Administration first began down the path of forswearing the American principle that all individuals American or alien were guaranteed the inherent right of Habeas Corpus when coming into contact with the U.S. Government, Senator McCain and Senator Lieberman now seek to exert and extend the ever-corrupting power of the Central Authority’s design on the use of indefinite detention, secret interrogations, and denial of counsel to Americans. While many knee-jerked and quipped it was merely “Muslim Terrorists” who were subject to such treatment under the previous White House, this legislation seeks to lump all into the same pot, inherent liberty be damned.

My how far we have fallen from “the Path of the More Perfect Union”. Everyday the “Change” that came to Washington looks more and more  like an emboldened status-quo. Many will remember just months after President Obama’s inauguration, Rachel Maddow of MSNBC, reported on the new President’s desire² to scrap former President’s Bush’s piecemeal system of imprisonment via the label of “Enemy Combatant” in favor of constructing a “new legal-framework” of “prolonged detention”, of which this bill will provide should it reach his desk.

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Moreover, this bill comes on the heels of the Obama Administration, the C.I.A., and the Director of National Intelligence Dennis C.  Blair seeking to have Congress authorize the assassination of Americans (a story we continue to research), the Central Authority on the Hill seeks to obtain the “legal” authority to label Americans with vague sounding titles such as “Unprivileged Enemy Belligerent” and “High Value Detainee” thereby denying “We the People” our right to Habeas Corpus solely based upon mere suspicion.

Lost Down a Rabbit Hole of Red Tape

Contained within this most abhorrent piece of legislation, whose pages emanate a continual nauseating stench of Imperialist statism, is  a system of interrogation and arbitrary adjudication which should make any cognizant American question their government’s lust for such unchecked power.

According to the bill any individual who is captured or “otherwise” comes into the “effective control” of the United States government shall be transferred into “military custody” at the earliest possible convenience. After which a “team” referred to as the “high value detainee interrogation group” organized by the President and consisting of  members with expertise in National Security, terrorism, intelligence, enhanced interrogation a.k.a torture, or law enforcement will conduct an initial assessment of the detained person to determine whether or not they pose a threat to the Central Authority its “Coalition Partners” or any of the federal government’s  endless Imperial wars/occupations.

Moreover, one can only guess that Senator McCain was seeking to hedge against any backlash the bill may produce upon seeing the light of day and included language that indicates the “high value interrogation group” must decide whether or not the person is indeed a threat within a 48-hour timetable. (phew) Whilst 48-hours is still an awful long time without access to legal counsel, one might think to themselves, well it sure is less oppressive sounding than indefinite.

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However, as anyone who has spent any time at all reading the schizophrenic manner in which legislation is crafted  will tell you, beware the redirect to previous sections of the bill and/or U.S. Code. As such, at the conclusion of SECTION 3; Sub-Section b; Paragraph C(3) which delineates the “48-hour” time window, the draconian measure directs you back to Section 2, which reveals that the the time-limit for detention and transfer of custody is only applicable if the detainee is determined not to be of any value from an intelligence or strategic perspective.

If the detainee is determined by any members of the ad hoc Tyrant tribunal, then the detainee may face indefinite detention without a trial or charges filed in a fashion similar to  many of the detainees in Gitmo who were held for years upon years without formal charges before their release.

After all, being indefinitely held without trial, legal counsel, and tortured, reassures this blogger that those detainees will harbor no ill will towards their captors which might motivate them to seek revenge against said government  captors/torturers. Such observations of  “blowback” are only for the weak minded who secretly lust for the Glorious Imperial Homeland to fail, or are obviously “terrorist” sympathizers, and as such, indefinite detention is just punishment for their “un-NeoPatriotic” sentiments; right Mr. Hannnity?

Does this mean that Senator McCain himself might qualify as  an “Overprivileged Belligerent Aristocrat” if he helps recruit “enemies of the STATE” by proxy via the guaranteed abuses which are sure to follow should this legislation find its way into law? Does that count as material support of the enemy Senator McCain?

Upon reading this bill in its entirety, one can only hope that a piece of legislation which cites MIRANDA v. ARIZONA (384 U.S. 436 (1966)) solely to indicate that this right is no longer applicable should the whim of an unelected and unaccountable field agent of the CIA, FBI, DHS, NSA, et al declare an individual American to be an “Unprivileged Enemy Belligerent” would go down in flames. Its authors at a minimum, censured or at optimum, removed from their seats in the Senate and replaced with Senators who actually understand their oath to the Constitution and the principles embodied therein.

However, it is a new season of American Idol, and America’s Next Top Model, so maybe it is just wishful thinking that this legislation is tossed into the proverbial shredder and its machinations contained therein never see a vote in a conference committee or the stroke of the President’s pen.

As was once practice in all stenographer classes across the nation, “Now is the time for all good patriots to come to the aid of their country.”

In my estimation, we stand at an intersection of which two paths are quickly diverging. While we may take the time to celebrate such victories as our momentum on exposing the nature of the FEDERAL RESERVE, the flawed nature of Keynesian Economic Philosophy, and the insanity that is Fractional-Reserve banking, we must at the same time be vigilant to further resist the stratagem of the status quo’s desire to amass more unchecked power for themselves while indenturing our obedience through endless war and fear mongering over the threat of terrorist boogie men.

For it is up to us whether we stand to Restore the Republic or sacrifice human liberty to a second dark ages.

Source(s): ¹“S. 3081 “Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010″ PDF (174.0KB) • ²MSNBC Rachel Maddow Show, originally aired May 22nd, 2010 • ³Website of Senator John McCain, Floor Statements, STATEMENT BY SENATOR McCAIN ON THE ENEMY BELLIGERENT INTERROGATION, DETENTION, AND PROSECUTION ACT OF 2010 / March 4, 2010

* Note S. 3081 has not been received by the Government Printing Office. As such the version contained within this post is the original draft. If any changes in the Bill exist after printing by GPO, the post will be updated to reflect the official Text of the bill. *See Update at top of page.

Allison Bricker

The impetus behind our founders warning government to keep its hands off the press comes not from a love of newspapers per se, but rather the necessity of free and uncensored mass communication. Newspapers just happened to be the only form of mass communication at the time.

Prior to the American Revolution, journalists who dissented against the royal governments, its decrees or public office holders often found themselves imprisoned and their equipment destroyed. One of the most famous trials of a journalist falsely charged is that of John Peter Zenger.

Mr. Zenger published criticisms of New York’s “Royal” Governor, William Crosby. Shortly thereafter, Mr. Zenger found himself imprisoned and charged with libel. His attorney, Philadelphia lawyer, Andrew Hamilton successfully argued that one could not commit libel merely by publishing opinion or fact.¹

It is my opinion that the The first Amendment to our Federal Constitution is too narrowly interpreted. Thus, had the internet, television, or radio, been present during the drafting of our Constitution, it is clear that the Founding Fathers would have extended government prohibitions on censorship to these mediums as well. However, the FEC has already attempted to sidestep the 1st Amendment and censor blogs under the auspices of McCain-Feingold.² Now the FCC is set to rule on the creation of a free nationwide filtered internet under the guise of “protecting the children”.³

It is also obvious by a candid reading of the uncensored historical record, that the plutocrats made massive inroads in their attempt to centralize Federal power from the beginning of the 20th Century. After the passage of the 16th and 17th Amendments, we then see a massive encroachment upon our unalienable rights with the passage of the “Espionage Act of 1917″⁴ and “The Sedition Act of 1918″⁵. The Espionage Act was passed at the urging of President Woodrow Wilson who felt that dissent during war could jeopardize our potential for victory. His flawed logic still exists today and is echoed by hacks like Senator Joe Lieberman (D-CT). This belief is a stark contrast to the Founding Fathers who were all too familiar with the oppressive hand of government censorship.

The best known victim of prosecution under the “Espionage Act of 1917″ is Eugene Debs. Mr. Debs had previously run for President as the Socialist Party’s candidate and publicly denounced the U.S. involvement in World War I. He was charged with “obstructing military recruiting” after a speech in 1918. Mr. Debs was found guilty of sedition and sentenced to 10 years in prison. After serving three years, he was pardoned by President Harding and released.⁶ It is immaterial to me that I would vehemently debate and ultimately disagree with Mr. Deb’s socialist philosophy. His imprisonment merely demonstrates the lengths politicians will go to in order to silence opposition.

We the People, have failed to be vigilant as the guardians of our own liberties and we must bear some of the burden. In addition to the Espionage and Sedition Acts, by allowing the FCC to declare the airwaves publicly owned and therefore subject to regulation we do ourselves a massive disservice in pursuit of the truth. The consequences of this massive failure, was to allow the creation of broadcast licensing. By allowing the dissemination of information to be controlled by an ever decreasing amount of individual corporations via licensing we lose our ability to make proper judgments on matters of national importance, such as the invasion of Iraq or the disgusting pursuit of legalized torture by the Executive Branch.

Tyrants and their sycophant sympathizers love to claim that the FCC grants licenses to those who “serve the public interest”. However, the historical record contradicts this altruistic pursuit and in the end it merely grants licenses to those who serve to swell the bank accounts of both the bureaucrats and politicians.⁷

Fellow readers, the internet has allowed for the greatest expanse of news, opinions, and knowledge humanity has ever known. Abuse by some in the form of unsourced or libelous news reports does not justify statements by the traitor to the Constitution known as Connecticut Senator Joe Lieberman, who in a letter to Google regarding YouTube videos wrote:

“In other words, Islamist terrorist organizations use YouTube to disseminate their propaganda, enlist followers, and provide weapons training – activities that are all essential to terrorist activity. According to testimony received by our Committee, the online content produced by al-Qaeda and other Islamist terrorist organizations can play a significant role in the process of radicalization, the end point of which is the planning and execution of a terrorist attack.”⁸

There is indeed great danger in the notion that a hack Senator and two-time loser such as Joe Lieberman should be telling a private corporation what should be censored for the sake of national security. The biggest dangers to national security are the power-hungry ambitions of terrorist politicians like Joe Lieberman and his insurgent bureaucratic operatives who seek to wage their personal jihad on the 1st Amendment and our inherent liberties.

Further, President-Elect Obama has selected Eric Holder as Attorney General. The Plutocratic fundamentalist, Eric Holder has also spoken publicly about his desire to censor the internet and further erode the 1st Amendment via his interpretation of “reasonable regulation”.

The time is now upon us, to beat back the ever encroaching hand of government and amend the Constitution to expand the scope of the 1st Amendment, thus ensuring all forms of communication both current and those not yet fathomed are protected from those who seek to stifle the free exchange of ideas and expression.

In closing, my only regret is that I have but one life to blog for my Republic.
Don’t Tread on Me!

Source(s): ¹University of Missouri Kansas City School of Law • ² FEC Agenda Document Number 05-16 • ³ CNET – “FCC Cancels Meeting for Free Interent Vote” • ⁴ Espionage Act of 1917 • ⁵ Sedition Act of 1918 • ⁶ DEBS v UNITED STATES of AMERICA No. 714 • ⁷ McCain Denies Pushing FCC on Paxson Behalf • ⁸ Dialogue with Senator Lieberman on Terrorism Videos