Sen. John McCain Authors Bill to Detain Americans Indefinitely without Trial


By Allison Bricker
The Smoking Argus

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.

UPDATE – March 15, 2010

For those as insulted as The Smoking Argus Daily that American Senators sworn to Uphold their oaths to defend the U.S. Constitution would author such draconian legislation, please consider downloading the PDF Contact sheet containing the current Co-Sponsors as well as telephone numbers to the Senate Committee on the Judiciary. The Judiciary Committee may be contacted regardless if the member is from your home state, as the committee has broad authority over Federal Criminal Law.

In addition the “official” GPO version of the bill is finally online also in PDF format and available for download.

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.

S. 3081 Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010*
SPONSOR:
Sen. John McCain (R-AZ)

CO-SPONSOR(S) 9
Sen. Scott Brown (R-MA)
Sen. Saxby Chambliss (R-GA)
Sen. James Inhofe (R-OK)
Sen. George LeMieux (R-FL)
Sen. Joseph Lieberman (I-CT)
Sen. Jefferson Sessions (R-AL)
Sen. John Thune (R-SD)
Sen. David Vitter (R-LA)
Sen. Roger Wicker (R-MS)

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 desire[2] 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.

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.

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.

Sources:

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

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5 responses to “Sen. John McCain Authors Bill to Detain Americans Indefinitely without Trial

  1. See also:

    McCain and Lieberman’s “Enemy Belligerent” Act Could Set U.S. on Path to Military Dictatorship:

    Glenn Greenwald calls the bill “probably the single most extremist, tyrannical and dangerous bill introduced in the Senate in the last several decades.”
    http://www.alternet.org/story/146081/mccain_and_lieberman%27s_%22enemy_belligerent%22_act_could_set_u.s._on_path_to_military_dictatorship

  2. Pingback: Top Ten Posts Week Ending March 25 « COTO Report

  3. Are You Scheduled For Government Interrogation If Senate bill 3081 Is Passed?

    How might Americans respond should Government use this bill to take away their loved ones, family members and friends on mere suspicion?

    On March 4, 2010, Sen. John McCain introduced S. 3081, The “Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010.”

    Under S.3081, an “individual” need only be Suspected by Government of “suspicious activity” or “supporting hostilities” to be dragged off and held indefinitely in Military Custody. Government will have the power to detain and interrogate any individual without probable cause. Government need only allege an individual kept in detention, is an Unprivileged Enemy Belligerent suspected of; having engaged in hostilities against the United States or its coalition partners; or has purposefully and materially supported hostilities against the United States or its coalition partners. How could one prove to Government they did not purposely do something? “Materially Supporting Hostilities” against the United States could include any person or group that spoke out or demonstrated disapproval against an agency of U.S. Government. McCain’s bill has the potential of spawning domestic terrorism in the United States. Consider how Americans might respond should Government use this bill to take away their loved ones, family members and friends on mere suspicion. It is foreseeable many Americans might go underground to Resist Government Tyranny. Definition for Unprivileged Enemy Belligerent: (Anyone Subject to a Military Commission)

    At least under the Patriot Act, law enforcement generally needed probable cause to detain a person indefinitely. Passage of S.3081 will permit government to use mere suspicion to curtail an individual’s Constitutional Protections against unlawful arrest, detention and interrogation without benefit of legal counsel and trial.

    According to S.3081 Government is not required to provide detained individuals U.S. Miranda Warnings or even an attorney.

    Similar to fascist laws in other countries, S.3081 if passed will frighten Americans from speaking out. S.3081 is so broadly written, it appears any “individual” who writes on the Internet or verbally express an opinion against or an entity of U.S. Government or its coalition partners might be detained on the basis he or she is an “unprivileged enemy belligerent”, “supporting hostilities against U.S. Government.”

    See McCain Senate bill S.3081 at:
    http://assets.theatlantic.com/static/mt/assets/politics/ARM10090.pdf

    FYI: below is enclosed a copy of “Hitler’s Discriminatory Decrees signed February 28, 1933.” Although the Nazi Decrees are written differently than S.3081, the McCain bill could bring America to the same place crushing free speech and personal liberty. Note how the Nazi Government in Section (1) and (4), similar to U.S. S.3081, suspend personal liberty— shutdown Free Speech to intimidate Citizens speaking out against Government:

    See Section 1
    “Sections 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association, and violations of the privacy of postal, telegraphic, and telephonic communications, and warrants for house-searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.”

    Similar to McCain’s S. 3081, but using different wording the Nazi Government in Section (4) see below, suspended Constitutional rights, ordering the arrest of Citizens for any ACT that might incite or provoke disobedience against state authorities. McCain’s S. 3081 (instead mentions) detaining and prosecuting Individuals for “supporting hostilities” against U.S. Government. S.3081 is so broadly written anti-war protesters Tea Party Groups might be arrested and detained just for attending demonstrations.

    See Section 4
    Whoever provokes, or appeals for or incites to the disobedience of the orders given out by the supreme state authorities or the authorities subject to then for the execution of this decree, or the orders given by the Reich Government according to Section 2, is punishable—insofar as the deed, is not covered by the decree with more severe punishment and with imprisonment of not less that one month, or with a fine from 150 up to 15,000 Reichsmarks.

    McCain’s S.3081 mentions “non-violent acts” supporting terrorism in the U.S. and or emanating from America against a foreign government or “U.S. ally.” “Non-violent terrorist acts” are covered in the Patriot Act to prosecute Persons that support “coercion to influence a government or intimidation to affect a civilian population.” However U.S. activists and individuals under S.3081 would be much more vulnerable to prosecution, if (charged with suspicion) of “intentionally providing support to an Act of Terrorism”, for example American activists cannot control what other activists might do illegally they network with domestically or overseas. Under the Patriot Act, law enforcement generally needs probable cause to detain or prosecute someone. But under S.3081, law enforcement and the military can too easily use “hearsay” or informants to allege “suspicious activity” to detain an individual.

    “Historically” it is foreseeable under S.3081 “erroneous informant information” will be used to detain innocent Individuals. Other countries have used lying informants to imprison and execute their political opposition.

    Notably, McCain’s S.3081 mandates merging Federal, State and Local police and subsequently the U.S. Military to detain and hold Individuals in the U.S., even without probable cause.

    It should be expected under S.3081 that government would use an individual’s phone call and email information to allege without probable cause “suspicious or hostile activity against the United States.” It does not appear U.S. Government will stop wiretapping Citizens’ electronic communications.

    Just recently Pres. Obama’s signed Executive Order EO 12425 that put INTERPOL above the United States Constitution. Obama’s Executive Order authorized INTERPOL to act within the United States without being subject to 4th Amendment Search and Seizure laws. It would appear INTERPOL may now tap American phones and emails without a warrant. And that U.S. Police can use INTERPOL to circumvent the Fourth Amendment to arrest Americans and or forfeit their property by bringing INTERPOL into a criminal or civil investigation. Government can too easily take an innocent person’s hastily written email, fax or phone call out of context to allege “suspicious activity” or that a crime or violation was committed to cause an arrest or Civil Asset Forfeiture.

    DECREE OF THE REICH PRESIDENT FOR THE PROTECTION OF THE PEOPLE AND STATE

    Note: Based on translations by State Department, National Socialism, 1942 PP. 215-17, and Pollak, J.K., and Heneman, H.J., The Hitler Decrees, (1934), pp. 10-11.7

    In virtue of Section 48 (2) of the German Constitution, the following is decreed as a defensive measure against Communist acts of Violence, endangering the state:

    Section 1
    Sections 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association, and violations of the privacy of postal, telegraphic, and telephonic communications, and warrants for house-searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.

    Section 2
    If in a state the measures necessary for the restoration of public security and order are not taken, the Reich Government may temporarily take over the powers of the highest state authority.

    Section 4
    Whoever provokes, or appeals for or incites to the disobedience of the orders given out by the supreme state authorities or the authorities subject to then for the execution of this decree, or the orders given by the Reich Government according to Section 2, is punishable—insofar as the deed, is not covered by the decree with more severe punishment and with imprisonment of not less that one month, or with a fine from 150 up to 15,000 Reichsmarks.

    Who ever endangers human life by violating Section 1, is to be punished by sentence to a penitentiary, under mitigating circumstances with imprisonment of not less than six months and, when violation causes the death of a person, with death, under mitigating circumstances with a penitentiary sentence of not less that two years. In addition the sentence my include confiscation of property.
    Whoever provokes an inciter to or act contrary to public welfare is to be punished with a penitentiary sentence, under mitigating circumstances, with imprisonment of not less than three months.

    Section 5
    The crimes which under the Criminal Code are punishable with penitentiary for life are to be punished with death: i.e., in Sections 81 (high treason), 229 (poisoning), 306 (arson), 311 (explosion), 312 (floods), 315, paragraph 2 (damage to railroad properties, 324 (general poisoning).

    Insofar as a more severe punishment has not been previously provided for, the following are punishable with death or with life imprisonment or with imprisonment not to exceed 15 years:

    1. Anyone who undertakes to kill the Reich President or a member or a commissioner of the Reich Government or of a state government, or provokes to such a killing, or agrees to commit it, or accepts such an offer, or conspires with another for such a murder;

    2. Anyone who under Section 115 (2) of the Criminal Code (serious rioting) or of Section 125 (2) of the Criminal Code (serious disturbance of the peace) commits the act with arms or cooperates consciously and intentionally with an armed person;

    3. Anyone who commits a kidnapping under Section 239 of the Criminal with the intention of making use of the kidnapped person as a hostage in the political struggle.
    Section 6
    This decree enters in force on the day of its promulgation.

    Reich President
    Reich Chancellor
    Reich Minister of the Interior
    Reich Minister of Justice

  4. John McCain, like Obama, John Kerry, Barney Frank, Trent Lott, etc, etc, is a bought and paid for shill for the banksters that rule this country. He is either a willing dupe or an accomplice in the act of destroying this country. The Dems won’t vote against this either, you watch. They’re being too well paid to do the right thing. This “anti-belligerent” act is NOT for foreign belligerents but for Americans, i.e. anyone who the banksters see as a threat to their money priting machine (the Federal Reserve, fools).

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