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Tuesday, October 23, 2012

NDAA Update: Indefinite Military Detention of American Citizens

This came from an article published by a European news source under the title "Totalitarian State Wins After All: Obama Reinstates NDAA Military Detention Provision" based on a decision by a lone appeals judge who bowed down to the Obama administration and reauthorized the White House's ability to indefinitely detain American citizens without charge or due process.

The US Justice Department had asked for an emergency stay on the previous stay order, and hours later US Court of Appeals for the Second Circuit, Judge Raymond Lohier, agreed to intervene and place a hold on the injunction.

The stay will remain in effect through September and probably into October in order for a three-judge appeals court panel to address the issue.

I found a sister article on this at Zero Hedge. The implementation of the NDAA sets a very bad precedence for this country, basically invalidating the rights of habeas corpus or what we commonly refer to a "due process rights". The rights to confront your accuser; for legal representation; to appear in an initial hearing before a judge and to request bail; and the have your family notified of your incarceration. All these rights are gone.

It is scary that not only the President asked for this authority but also that the NDAA had bi-partisan support in Congress.

President Obama said "“The fact that I support this bill as a whole does not mean I agree with everything in it. In particular, I have signed this bill despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists.”

The part in the NDAA that allows for the military to hold citizens, declared as "terrorism suspects", is not only a red flag for us, but sends chills through our spine.

Strangely enough the military appears not to have lobbied for this authority. I think the professional soldiers know that getting involved in operations inside the United States is a "lose - lose" situation.

In fact, the FBI, the CIA and the Director of National Intelligence (DNI) did not support the military detention provisions of the NDAA either. In fact, FBI Director Robert Mueller said words to the effect that the NDAA may actually be a obstacle to FBI investigations and cooperation between the FBI and Military would make it harder to gain access to suspects, records and evidence.

The NDAA with the thought provoking images of military units arresting American citizens gives life to the concnerns of many freedom loving and responsible Americans. Frankly, I think that the military patience with martial law over, and detention of Americans will be finite unless the situation is very grave.

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