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  1. #1
    Mid
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    U.S: to detain terrorist suspects Without trial indefinitely: Bill before Senate

    U.S. seeks authoritarian powers to detain terrorist suspects Without trial indefinitely: Bill before Senate
    Daya Gamage – US National Correspondent Asian Tribune
    Fri, 2010-04-02

    A bill introduced early March in the United States Senate as a bi-partisan legislation would give the U.S. Government absolute and sweeping power to indefinitely detain terrorism suspect - U.S. citizens or not, apprehended within U.S. territory or abroad - without charge or trial, dealing a swift blow to due process and the rule of law the U.S. universally advocate in its periodic lectures to the Third World and in official documents such as Human Rights Reports.

    The legislation by Sens. John McCain (Republican) and Joe Lieberman (Independent but member of the Democratic caucus) would result in banning all civilian trials for terror suspects who have been classified as enemy combatants and forcing their cases into military commissions.

    The bill lays out “comprehensive policy for the detention, interrogation and trial of suspected unprivileged enemy belligerents who are believed to have engaged in hostilities against the United States by requiring these individuals to be held in military custody, interrogated for their intelligence value and not provided with a Miranda warning,” according to a release from Senator John McCain’s office.

    ‘Miranda Warning’ means letting the defendant know that he has the right to remain silence and what he says to interrogators is admissible in a court of law and that the defendant has the right to an attorney.

    “Unprivileged enemy belligerents considered to be a ‘high-value detainee’” would be required “to be held in military custody and interrogated for their intelligence value by a High-Value Detainee Interrogation Team established by the President,” the release states.

    Any person suspected of being an “enemy belligerent,” explicitly including U.S. citizens, can be detained without Miranda warnings, interrogated, and be imprisoned indefinitely at the whim of interrogation groups, the FBI, CIA, DNI, Secretary of Defense, the Attorney General, “appropriate committees of Congress,” and the President, with the President making any final calls in cases of dispute. Any alien determined to be a “high-value detainee,” the law would explicitly prohibit Article III jurisdiction, that is, it would prohibit the judicial branch from any consideration of due process requirements. As a bonus, the bill would also essentially usurp any local, state, and federal law enforcement for military purposes. Thus, the bill if and when it becomes law, the President is given the authority to trump the judicial branch on due process for non-citizens in all circumstances.

    Sec. 5 of Detention Without Trial of Unprivileged Enemy Belligerents says:

    An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent under section 3(c)(2) in a manner which satisfies Article 5 of the Geneva Convention Relative to the Treatment of Prisoners of War may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged, or which the individual has purposely and materially supported, consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities.

    There is no distinction between U.S. persons--visa holders or citizens--and non-U.S. persons.

    The U.S. Senate Act begins with the following (convoluted) requirement:

    Whenever within the United States, its territories, and possessions, or outside the territorial limits of the United States, an individual is captured or otherwise comes into the custody or under the effective control of the United States who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism, or by other means in violation of the laws of war, or of purposely and materially supporting such hostilities, and who may be an unprivileged enemy belligerent, the individual shall be placed in military custody for purposes of initial interrogation and determination of status in accordance with the provisions of this Act.

    In other words, if at any point, anywhere in the world, a person is caught who might have done something to suggest that he or she is a terrorist or somehow supporting a terrorist organization against the U.S. or its allies, that person must be imprisoned by the military.

    For how long is a person kept in custody denying due process of the law?

    As long as U.S. officials want. We quoted earlier the section, titled "Detention Without Trial of Unprivileged Enemy Belligerents," which states that suspects "may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners."

    In a press conference introducing the bill earlier this month, Sen. Joe Lieberman said, "I know that will be -- that may be -- a long time, but that's the nature of this war."

    Three years after Senator and candidate Obama eloquently opposed the Military Commissions Act, the now-president signed a Military Commissions Act of his own, as part of the 2010 Defense Authorization Bill. The law, which sought to overhaul the discredited Bush-era military commissions for "alien enemy combatants," introduced what is apparently turning out to be an important new term to the counter terror lexicon: Unprivileged Enemy Belligerent, defined as "an individual who: 1) has engaged in hostilities against the United States or its coalition partners; or 2) has purposefully and materially supported hostilities against the United States or its coalition partners."

    Months before, in March of 2009, the Obama administration announced that it was phasing out the term "alien enemy combatant," even as it held on to the authority to hold terror suspects indefinitely. "Unprivileged Enemy Belligerent," the term used in McCain-Lieberman-sponsored bill, then, was its replacement.

    One Blogger noted: “This proposed legislation manages not just to “twist” the Constitution, but a does the physically impossible inward-rotating armstand flying forward back double reverse three-and-a-half somersault pike with a synchronized hand-in-butt-tuck. The essence of the bill aims to completely destroy the concept and practice of due process, shoot America in the face, and throw it straight off the cliff.

    “I suspect that this bill was written with indefinitely, and illegally detained Guantanamo prisoners in mind, i.e., to keep them from being prosecuted in criminal courts, but the scope of the language goes well beyond those poor suffering bastards and explicitly includes YOU, my fellow high-value detainees. Someone needs to take a flamethrower to this odious piece of garbage.”

    The complete text of the bill can be viewed at:
    Read The Bill: S. 3081 - GovTrack.us

    asiantribune.com

  2. #2
    MrG
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    Quote Originally Posted by Mid
    In other words, if at any point, anywhere in the world, a person is caught who might have done something to suggest that he or she is a terrorist or somehow supporting a terrorist organization against the U.S. or its allies, that person must be imprisoned by the military.
    McCain and Leiberman should be arrested as terrorists for threatening to harm innocent Americans.

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    Quote Originally Posted by Mid
    anywhere in the world, a person is caught who might have done something to suggest that he or she is a terrorist or somehow supporting a terrorist organization against the U.S. or its allies, that person must be imprisoned by the military
    so hundereds of milion of people could be arrested in theory, at a certain moment!!?? us has a lot of allies who are outright barbaric regimes. saudies and many more. don't forget taliban was one of the allies once. this is a carte blanche....! would that be a good idea.

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    Quote Originally Posted by MrG View Post
    Quote Originally Posted by Mid
    In other words, if at any point, anywhere in the world, a person is caught who might have done something to suggest that he or she is a terrorist or somehow supporting a terrorist organization against the U.S. or its allies, that person must be imprisoned by the military.
    McCain and Leiberman should be arrested as terrorists for threatening to harm innocent Americans.
    Not to mention failure to uphold the Constitution- this is TREASON and is all about shutting up dissenters.

    My US flag still waves.... but upside down.

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    They were ok with terroists when the ira were happily bombing the uk

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    Quote Originally Posted by Mid
    Someone needs to take a flamethrower to this odious piece of garbage.”
    My sentiments exactly even though I may find myself in the slammer as an "unprivileged enemy belligerent" for saying so.

    McCain and Lieberman would be far better employed undoing "laws" already on the books which erode the due process guaranteed in the Constitution.

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    So many people were hoping that the USA would return to sanity once Obama took over from Bush, but apparently that will not happen.

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    Quote Originally Posted by Mid
    its territories, and possessions, or outside the territorial limits of the United States, an individual is captured or otherwise comes into the custody or under the effective control of the United States who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism, or by other means in violation of the laws of war, or of purposely and materially supporting such hostilities, and who may be an unprivileged enemy belligerent, the individual shall be placed in military custody for purposes of initial interrogation and determination of status in accordance with the provisions of this Act.
    Lets hope other countries take this lovely idea up and incarcerate Americans they feel are a threat to their nation, where ever they maybe

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    A bill introduced early March in the United States Senate as a bi-partisan legislation would give the U.S. Government absolute and sweeping power to indefinitely detain terrorism suspect - U.S. citizens or not, apprehended within U.S. territory or abroad - without charge or trial, dealing a swift blow to due process and the rule of law the U.S. universally advocate in its periodic lectures to the Third World and in official documents such as Human Rights Reports.
    A slippery slope.

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    I think the USA is on a very slippery slope.
    When Americans entered North Korea and Iran illegally these countries had the grace to allow the Americans home after debating there reasons for being there, all be it with high ranking politicians arriving in situ to further obtain their release.

    I am beginning to think that Obama is a backward step from Bush Jnr. He is certainly no improvement.

    I can,t help think that it would be safer if hero McCain was still being held in North Vietnam or wherever they held him, he is a typical warmonger.

    As for Joe Liebermann the name says it all "serve and protect" didn,t do much protecting during 9/11 when the American public needed it.
    "Don,t f*ck with the baldies*

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    Quote Originally Posted by corned dog View Post
    They were ok with terroists when the ira were happily bombing the uk
    Spot on, some big name supporters of Noraid.

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    Viktor Bout comes to mind, still in prison and not charged or convicted with anything, seems the Americans have already brought this in, just haven't transferred him to a USA prison yet.

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    When are the Yanks gonna put Oliver North in jail?
    He was up to his knees in blood during the fighting with the Contra,s in Nicaragua.
    "Is he a terrorist or a patriot as we all know there is a very fine dividing line."

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    Quote Originally Posted by thehighlander959
    Is he a terrorist or a patriot as we all know there is a very fine dividing line.
    He's still going strong. A devout patriot.

    "Freedom Alliance , a 501(c)3 educational and charitable foundation, was founded in 1990 by LtCol Oliver L. North, who now serves as the organization's honorary chairman. "

    Freedom Alliance - About Us

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    Yes it seems that only other countries have terrorists.
    And there was me thinking that McVeigh was a patriot also.After all he only blew up one building.
    Looks like these rules are to suit the good Ole USA,s foreign policy and militaries agenda.
    Like when you invaded Grenada and said it was for the protection of the people, even though the Cuban military advisors disagreed.

    Seems like America is going on a war footing with everyone.

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    Quote Originally Posted by thehighlander959 View Post
    When are the Yanks gonna put Oliver North in jail?
    He was up to his knees in blood during the fighting with the Contra,s in Nicaragua.
    "Is he a terrorist or a patriot as we all know there is a very fine dividing line."
    Col. North was pardoned by Bush Sr., I believe

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    Do as I say Not as I Do Springs to mind

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    MrG
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    True. They've been chipping away a basic rights for decades now. If this thing actually passes (doubtful, I have to believe) I don't see how it could hold up in the courts. But I look at where the Roberts Supreme Court has taken us recently by opening the floodgates of corporate money into public elections, and who can say what they may do next.

    But if this thing actually passes you can tell your grandkids that you knew America before it defeated itself in a bogus war on terrorism.

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    ^
    Absolutely correct, if it benefits the USA then its OK.
    Right wing zealots comes to mind. Russia China and Sadi Arabia should just tell the Yanks to f*ck right off.
    And that imprisonment of any of their citizens will for no reason other than suspicion will have dire consequences including oil embargoes and economic sanctions. A few more nations to back them up and lets see what happens.

    USA= Bily the Kid with a pea-shooter

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    Yanks enough said .

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    PS 100 % No Israelis will be on the list

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    ^
    Only need to consult Joe Liebermann on the Israeli question I think..

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    Pronce. PH said so AGAIN!
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    It's hard to believe that something as wide-reaching and vague as this would pass legal muster.

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