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.
Certified GPO Version of S.3081 (PDF 174Kb)
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)
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)
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 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.