imc indymedia

Los Angeles Indymedia : Activist News

white themeblack themered themetheme help
About Us Contact Us Calendar Publish RSS
Features
latest news
best of news
syndication
commentary


KILLRADIO

VozMob

ABCF LA

A-Infos Radio

Indymedia On Air

Dope-X-Resistance-LA List

LAAMN List




IMC Network:

Original Cities

www.indymedia.org africa: ambazonia canarias estrecho / madiaq kenya nigeria south africa canada: hamilton london, ontario maritimes montreal ontario ottawa quebec thunder bay vancouver victoria windsor winnipeg east asia: burma jakarta japan korea manila qc europe: abruzzo alacant andorra antwerpen armenia athens austria barcelona belarus belgium belgrade bristol brussels bulgaria calabria croatia cyprus emilia-romagna estrecho / madiaq euskal herria galiza germany grenoble hungary ireland istanbul italy la plana liege liguria lille linksunten lombardia london madrid malta marseille nantes napoli netherlands nice northern england norway oost-vlaanderen paris/Île-de-france patras piemonte poland portugal roma romania russia saint-petersburg scotland sverige switzerland thessaloniki torun toscana toulouse ukraine united kingdom valencia latin america: argentina bolivia chiapas chile chile sur cmi brasil colombia ecuador mexico peru puerto rico qollasuyu rosario santiago tijuana uruguay valparaiso venezuela venezuela oceania: adelaide aotearoa brisbane burma darwin jakarta manila melbourne perth qc sydney south asia: india mumbai united states: arizona arkansas asheville atlanta austin baltimore big muddy binghamton boston buffalo charlottesville chicago cleveland colorado columbus dc hawaii houston hudson mohawk kansas city la madison maine miami michigan milwaukee minneapolis/st. paul new hampshire new jersey new mexico new orleans north carolina north texas nyc oklahoma philadelphia pittsburgh portland richmond rochester rogue valley saint louis san diego san francisco san francisco bay area santa barbara santa cruz, ca sarasota seattle tampa bay tennessee urbana-champaign vermont western mass worcester west asia: armenia beirut israel palestine process: fbi/legal updates mailing lists process & imc docs tech volunteer projects: print radio satellite tv video regions: oceania united states topics: biotech

Surviving Cities

www.indymedia.org africa: canada: quebec east asia: japan europe: athens barcelona belgium bristol brussels cyprus germany grenoble ireland istanbul lille linksunten nantes netherlands norway portugal united kingdom latin america: argentina cmi brasil rosario oceania: aotearoa united states: austin big muddy binghamton boston chicago columbus la michigan nyc portland rochester saint louis san diego san francisco bay area santa cruz, ca tennessee urbana-champaign worcester west asia: palestine process: fbi/legal updates process & imc docs projects: radio satellite tv
printable version - js reader version - view hidden posts - tags and related articles

Political Washington Abolishes Due Process Protections

by Stephen Lendman Sunday, Dec. 18, 2011 at 9:06 AM
lendmanstephen@sbcglobal.net

tyranny

Political Washington Abolishes Due Process Protections - by Stephen Lendman

Main Street Europe and America face protracted Depression conditions. As a result, millions lost jobs, homes, incomes, and futures.

Human misery is growing. So is public anger. Rage across America and Europe reflect it. Gerald Celente explains the stakes, saying:

"When people lose everything and have nothing else to lose, they lose it."

Draconian police state provisions were enacted to contain them. Hundreds of secret Federal Emergency Management Agency (FEMA) camps may hold them. Martial law may authorize it, claiming "catastrophic emergency" conditions. Senators blew their cover calling America a "battleground."

During WW II, loyal Japanese Americans were lawlessly detained. Today, social justice protesters and others wanting change are at risk. Political Washington's targeting them to assure business as usual continues. Obama's fully on board.

On December 14, the House passed the FY 2012 National Defense Authorization Act (NDAA). On December 15, the Senate followed suit - ironically on Bill of Rights Day.

Obama will sign it into law. The measure ends constitutional protections for everyone, including US citizens. Specifically it targets due process and law enforcement powers.

With or without evidence, on issues of alleged terrorist connections posing national security threats, the Pentagon now supplants civilian authorities. It's well beyond its mandate.

Militaries exist to protect nations from foreign threats. Its Uniform Code of Military Justice (UCMJ) applies solely to its own personnel as authorized under the Constitution's Article I, Section 8, stating:

"The Congress shall have Power....To make Rules for the Government and Regulation of the land and naval forces."

In America, state and local police, the Justice Department and FBI are responsible for criminal investigations and prosecutions. No longer on matters relating to alleged national security concerns.

Henceforth, America's military may arrest and indefinitely detain anyone anywhere, including US citizens, based on suspicions, spurious allegations, or none at all if presidents so order dictatorially.

Law Professor Jonathan Turley expressed outrage, saying:

"I am not sure which is worse: the loss of core civil liberties or the almost mocking post hoc rationalization for abandoning principle. The Congress and the President have now completed a law that would have horrified the Framers."

"Indefinite detention of citizens is something (they) were intimately familiar with and expressly sought to bar in the Bill of Rights."

Other legal scholars agree about all alleged criminals having habeas, due process, and other legal rights in duly established civil courts.

Military tribunals are constitutionally illegal. Since June 2004, America's (conservative) High Court made three landmark rulings.

In Rasul v. Bush (June 2004), the Court granted Guantanamo detainees habeas rights to challenge their detentions in civil court. Congress responded with the 2005 Detainee Treatment Act (DTA), subverting the ruling.

In Hamdan v. Rumsfeld, the Supreme Court held that federal courts retain jurisdiction over habeas cases. It said Guantanamo Bay military commissions lack "the power to proceed because (their) structures and procedures violate both the Uniform Code of Military Justice and the four Geneva Conventions (of) 1949."

In October 2006, Congress responded a second time. It enacted the Military Commissions Act (MCA). It subverted the High Court ruling in more extreme form.

Undermining fundamental rule of law principles, it gave the administration extraordinary unconstitutional powers to detain, interrogate, torture and prosecute alleged terrorist suspects, enemy combatants, or anyone claimed to support them.

It lets presidents designate anyone anywhere in the world (including US citizens) an "unlawful enemy combatant" and empowers him to arrest and detain them indefinitely in military prisons.

The law states: "no (civil) court, justice, or judge shall have jurisdiction to hear or consider any claim or cause for action whatsoever....relating to the prosecution, trial or judgment of....military commission(s)....including challenges to (their) lawfulness...."

On June 12, 2008, the High Court again disagreed. In Boumediene v. Bush, it ruled that Guantanamo detainees retain habeas rights. MCA unconstitutionally subverts them. As a result, the administration has no legal authority to deny them due process in civil courts or act as accuser, trial judge and executioner with no right of appeal or chance for judicial fairness.

Nonetheless, Section 2031 of the FY 2010 NDAA contained the 2009 Military Commissions Act (MCA). The phrase "unprivileged enemy belligerent" replaced "unlawful enemy combatant." Language changed but not intent or lawlessness to assume police state powers.

So far, military commissions haven't tried Americans. Henceforth, based on alleged national security concerns, they will be under draconian FY 2012 NDAA provisions.

Notably, Jose Padilla, a US citizen, was lawlessly held over three and a half years in military and civilian confinement as an alleged "enemy combatant." Charges against him were spurious. Yet he was denied due process, tortured, brutalized, dehumanized, and transformed in solitary confinement to mush.

Emotionally destroyed ahead of his civil trial, his lawyer said he resembled "a piece of furniture," unable to represent himself properly in court. In military detention ahead of his court martial, Bradley Manning's barbaric treatment may have left him less than fully able.

A Final Comment

For years, America's crept closer to totalitarian rule. Notably, the 1996 Antiterrorism and Effective Death Penalty Act eased surveillance and death penalty restrictions, eroded habeas protection, and smoothed the way for repressive measures to follow.

Post-9/11, they proliferated. Constitutional protections have been systematically eliminated. FY 2012 NDAA provisions destroy fundamental Bill of Rights ones, including Fifth and Fourteenth Amendment due process rights.

The Fifth Amendment says, "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.."

Moreover, no one shall "be subject for the same offense to be twice put in jeopardy of life or limb....be compelled (to bear) witness against himself, nor be deprived of life, liberty, or property, without due process of law...."

The Fourteenth Amendment says, "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are" US citizens.

"No state shall make or enforce any law which shall abridge the privileges or immunities of (US) citizens..nor shall any state deprive any person of life, liberty, or property, without due process of law...."

Overall, America's Constitution protects against unreasonable, arbitrary, or capricious laws not based on rule of law principles.

Supreme Court rulings affirmed Bill of Rights protections. In November 2008, Justice Anthony Kennedy sided with a majority ruling, saying:

"After carefully considering the relevance of the 10 inviolable rights that comprise the ideological foundation on which our nation is built, the court finds that these basic freedoms remain important for the time being, and should not be overturned."

"Until such time as it can be definitively proven that citizens no longer require the protections provided by the Bill of Rights, it shall remain the principal legal guidance for the United States of America."

Under Obama and the 112th Congress, inviolability no longer holds. Tyranny replaced it. America's no different than other totalitarian states. As a result, no one challenging state power is safe.

Denouncing imperial lawlessness can be criminalized. So can defending right over wrong. Constitutional protections no longer apply.

People power alone can restore them. There's no other way.

Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net.

Also visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.

http://www.progressiveradionetwork.com/the-progressive-news-hour/.                                  

Report this post as:

Local News

Marshall Tuck’s racist dog whistle O27 5:01AM

Marshall Tuck’s ethnocentrism contradicts Californian values O27 4:32AM

Contra Costa-Hawkins O25 3:48AM

Debunking Some Anti-Prop 10 Propaganda O12 6:56AM

Why Should California Choose De Leon Over Feinstein? O10 9:55PM

Change Links September 2018 posted S02 10:22PM

More Scandals Rock Southern California Nuke Plant San Onofre A30 11:09PM

Site Outage Friday A30 3:49PM

Change Links August 2018 A14 1:56AM

Setback for Developer of SC Farm Land A12 11:09PM

More problems at Shutdown San Onofre Nuke J29 10:40PM

Change Links 2018 July posted J09 8:27PM

More Pix: "Families Belong Together," Pasadena J02 7:16PM

"Families Belong Together" March, Pasadena J02 7:08PM

Short Report on the Families Belong Together Protest in Los Angeles J30 11:26PM

Summer 2018 National Immigrant Solidarity Network News Alert! J11 6:58AM

Watch the Debate: Excluded Candidates for Governor of California M31 5:20AM

Change Links June 2018 posted M28 7:41AM

The Montrose Peace Vigil at 12 Years M22 8:01PM

Unity Archive Project M21 9:42AM

Dianne Feinstein's Promotion of War, Secret Animal Abuse, Military Profiteering, Censorshi M17 10:22PM

CA Senate Bill 1303 would require an independent coroner rather than being part of police M10 9:08PM

Three years after OC snitch scandal, no charges filed against sheriffs deputies M10 8:57PM

More Local News...

Other/Breaking News

Credit Mr. Richard Enos with outstanding penmanship N19 6:08AM

Master list=====47 million american on foodstamp List State plus Federal N18 8:21PM

Cholesterol Medicine Causes Alzheimers N18 7:40PM

Lucifers Banker N18 7:38PM

Paraphysique du scientisme N18 9:19AM

USDA Withholds Names Of Turkey Companies Spreading Salmonella N17 7:51PM

Hebron, Ben-Gurion, and UNESCO N17 6:00PM

What Can Destroy Enclosure? N17 1:47PM

Please Help Mississippians Vote For Mike Espy On Nov 27th N17 7:42AM

The Incredible & Brilliant Work of Dr TOMO SHIBATA N17 5:19AM

October 2018 Honduras Coup update N16 9:22PM

Profit de guerre, guerre de profit N16 11:58AM

“Animaniacs in Concert!” Starring Voice Legend Rob Paulsen Heads to Seattle N15 7:22PM

Paraphysique du prodrome oukase N15 12:39PM

President Trump: Hurricane Relief Should not Pay Puerto Rico Debt N14 8:54PM

94 Of Rick Scott's, Brian Kemp's, the Mississippi GOP's & Other Republican Campaign Crime N13 9:42PM

30 Of Brian Kemp's Felonious Racist Vote Suppression Crimes N13 8:42PM

Help translation of From Islam To Womanism book on IndieGoGo N13 12:04PM

COP 21, 25, 32, de l'écocide organisé N11 11:45PM

fbi & fmj are ' Lord of the Flies ' N11 8:26PM

Parangon d'une grande infestation N11 12:03AM

Video: Beautiful Country Burn Again, 39 min N10 10:19PM

OBAMA WERE POW'S LEFTBEHIND IN AFGHANISTAN IRAQ AND LIBYA N08 7:57PM

OBAMA WERE POWS LEFT BEHIND IN AFGAHNISTAN IRAQ AND LIBYA N08 7:29PM

DID BARACK OBAMA LEAVE POWS BEHIND IN AFGAHNISTAN IRAQ AND LIBYA N08 6:43PM

DID BARACK OBAMA LEAVE POWS BEHIND IN AFGHANISTAN IRAQ AND LIBYA N08 5:50PM

Paraphysique de l'Etat d'urgence N08 4:24AM

Republican Vote Fraud Reached A New Level In Midterms N07 7:50PM

More Breaking News...
© 2000-2018 Los Angeles Independent Media Center. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by the Los Angeles Independent Media Center. Running sf-active v0.9.4 Disclaimer | Privacy