Jim Campbell
The internet has been abuzz with hand wringing about Obama’s signing of the National Defense Authorization Act. It was supposed to allow for sweeping up people without due process and taking them away to unknown locations and held indefinitely.
One minor issue, it’s not true. I spoke today with Senator Feinstein’s office and her Congressional aide as well as my Congressman John Campbell. The wording below has been incorporated into the law, not the wording in the picture.
Just another bunch off nonsense from bloggers not willing to do credible research
December 15, 2011
Feinstein: Prohibit Indefinite Detention of American Citizens Without Trial or Charge ‘Constitution gives every citizen the basic due process right to a trial on their charges’
Washington—Senator Dianne Feinstein (D-Calif.), chairman of the Senate Intelligence Committee, today introduced the Due Process Guarantee Act of 2011, legislation that states American citizens apprehended inside the United States cannot be indefinitely detained by the military.
The Due Process Guarantee Act of 2011 amends the Non-Detention Act of 1971 by providing that a Congressional authorization for the use of military force does not authorize the indefinite detention—without charge or trial—of U.S. citizens who are apprehended domestically.
The Feinstein bill also codified a “clear-statement rule” that requires Congress to expressly authorize detention authority when it comes to U.S. citizens and lawful permanent residents. The protections for citizens and lawful permanent residents is limited to those “apprehended in the United States” and excludes citizens who take up arms against the United States on a foreign battlefield, such as Afghanistan.
Feinstein said: “The argument is not whether citizens such as Yaser Esam Hamdi and Jose Padilla—or others who would do us harm—should be captured, interrogated, incarcerated and severely punished. They should be.
“But what about an innocent American? What about someone in the wrong place at the wrong time? The beauty of our Constitution is that it gives every citizen the basic due process right to a trial on their charges.
“Experiences over the last decade prove the country is safer now than before the 9/11 attacks. Terrorists are behind bars, dangerous plots have been thwarted. The system is working.
“We must clarify U.S. law to state unequivocally that the government cannot indefinitely detain American citizens inside this country without trial or charge. I strongly believe that Constitutional due process requires U.S. citizens apprehended in the U.S. should never be held in indefinite detention. And that is what this new legislation would accomplish.”
The Due Process Guarantee Act of 2011 is cosponsored by Senators Patrick Leahy (D-Vt.), Mike Lee (R-Utah), Mark Udall (D-Colo.), Mark Kirk (R-Ill.), Rand Paul (R-Ky.), Chris Coons (D-Del.), Dick Durbin (D-Ill.), Kirsten Gillibrand (D-N.Y.), Bill Nelson (D-Fla.), Jeanne Shaheen (D-N.H.), Al Franken (D-Minn.), Tom Udall (D-N.M.) and Claire McCaskill (D-Mo.).
After the NDAA- S. 1867 was passed by Congress and signed into law, Senator Diane Feinstein was on video and stated this: “Congress is essentially authorizing the indefinite imprisonment of citizens without charge or trial.” Those are her exact words. When a citizens is held without charge or trial then they are being detained based upon an “accusation” only.
Lindsey Graham stated, “The homeland is part of the ‘battlefield’ and people can be held without trial whether a citizen or not.” That statement can be viewed on video as well.
Judge Napolitano stated, “”We’re busy shredding the last vestige of the [U.S.] Constitution.”
Feinstein implemented Section 1031 and 1032: “Indefinitely imprison you [Americans] inside and outside of the United States without any charges being filed.” 2) American military, some civilians to be picked up and thrown into a military prison without being charged and without a trial 3) The cases will be transferred to the Department of Defense.
Also, Jose Padilla was arrested in Chicago and labeled an “enemy combatant” and jailed for 3 years then sentenced to 17 years in super max. Richard Fine, attorney, was detained indefinitely for exposing corruption, and finally released. The denial of “due process of law” has been quietly going on within the court system for decades and my 25 years of research shows a pattern of acceleration during the Clinton administration when WACO and Ruby Ridge took place and Americans were murdered without charges or a trial on U.S. soil, based on federal government accusations. Yet, the real “radical Middle East terrorists” who are detained at GITMO are provided Miranda Rights and Obama and Holder want to provide them the best attorneys and civilian trials our U.S. tax dollars can buy.
Read “Fight Back Legal Abuse” and you will find that the constitution can be manipulated, re-written, ignored, circumvented, and as Justice Thomas states, “evaded” referring to Article II of the U.S. Constitution which the federal Justices and Congress and the Executive Office swore to uphold, but have trampled upon aka “evaded.”
Today, there are groups in Montana filing “RECALLS” of every congressional member who voted NDAA – S. 1867 into law, which could be one reason that they may allegedly be re-writing NDAA-S1867, presently.
Even if a person is a U.S. citizen or a non-U.S. Citizen, every human being should be given the right to a lawyer, know the charges, and a trial as guaranteed by the U.S. Constitution; and we shouldn’t need any amendments to assure that every U.S. citizen is to be given a trial as that has been established into the U.S. Constitution for 235 until the NDAA-S.1867 was introduced. It is when people are not provided “due process of law” as guaranteed and established in the U.S. Constitution that we are like every other Third World Nation where their governments provide no “rights” and no “due process of law” for their citizens or foreigners that we have morphed into the same type of tyranny. It is the U.S. Constitution that guarantees “due process of law” for every person and sets America apart from the tyrants and from those we have battled on foreign soil to set their people free and keep Americans free by providing a just and fair trial for all accused without trampling on human rights. In my book, “Fight Back Legal Abuse” I provide true stories of people who are innocent and are rotting in a jail cell or who were set up and based on an accusation pled guilty because they had no lawyer or no money to fight back.
Rose, well said…wish I had your education…meanwhile – Feinstein says nothing…words come out…no meaning…The military should not be arresting citizen – period! Also she left out the word ‘indefinitely’ detaining…oh, you mean as in a shorter period of time? As Rose said so much better – the Constitution covers the subject…So a law is passed that scares you witless and then they need an amendment to clarify said law. The Law just signed by the O is un-Constitutional – thus does not carry the force of law – the law is lawless…sounds like a democrat to me…Get these people out of our government offices while we still can…
IF THERE WAS NO PROBLEM, that why are they addressing a problem that does not exist? I suggest there is a problem. Obama [or whatever his name is] already picks and chooses which law and what part of any law he will obey or not. Same with the rest of the traitors that infest our political system. The Constitution is nothing but a piece of paper, which has been spit upon and trampled upon by their muddy shoes. Their oaths of office are ignored, just words to be manipulated and redefined the progressive way for power and greed. GOD save the US of America and with our help it will be so. The sooner, the better!
I went to the trouble of looking up the text of the NDAA, searching for and skimming the relevant provisions. The hysterical claims of endangered civil liberties are snake excrement of the worst sort. The law applies to regular Gitmo inmates, not to domestic citizens.
Muslims who take up arms, whether small arms, bombs, missiles or improvised booby traps, on or off American soil, regardless of citizenship status, should be executed, not detained nor imprisoned. Terrorists belong in pigskin shrouds, not prisons.
If you believe what Diane Fienstien or John Spineless Campbell say instead of how the bills actually reads – they will probably allow you to keep living your “head in the sand” life. If on the other hand you notice the huge power grab by the Federal Government and stand to fight the Tyranny – you’ll be sitting in a cell with daily visits from Holders boys because you’re classified as one of the undesireables. Diane F’s comment about us being safer than before 9-11 doesn’t include “safer from a Tyranical Government”.
What is the US Military doing arresting US Citizens on US soil anyway?
Hey moron I’ve read the bill so stfu until you have. You wouldn’t know John Campbell if his dog bit you in the ass. Take a chill pill bro the lies and spin are getting to you.
@Pat Riot….
What is the US Military doing arresting US Citizens on US soil anyway?
Answer…..if you are aiding, abetting sending money to terrorist organizations, preparing for Jihad on American soil and you are supposedly an American citizen….then you are considered an enemy within and most certainly , without a doubt, you should be arrested by the US Military and sent of to Camp Gitmo!! No civilian trial for you….Military trial all the way ! Hopefully one who fits this discription can be charged with Treason….then face a firing squad!
If you are not doing any of the above instances…then you have nothing to be afraid about! The Military will not be knocking down your door and dragging you off anywhere!!
JC: As much as I would love to believe this there are two things that stand in the way.
1: Look who’s office you talked to and the sponsors of this bill.
2: When has “O” done anything in line with the Constitution of the United States?
Even if the article is true and all these liberals support it, why has it been withheld from the American public until now? I will believe it’s true when “O” the congress, and all of the czars are arrested and tried for treason. Once they are behind bars doing life without parole or hung, I will be able to believe they are done harming the people of this country..
Frank it has nothing to do with the way the “liberals” report, I took the time to read the final bill which most of the morons trying to put this hoax forward didn’t bother to do. If I say it you can take it to the bank. If not bank elsewhere. This is just another misdirection play trying to get everyone paranoid. I know I wrote propaganda for the U.S. Army and this story is a piece of cake, thanks for finding the site. J.C.
@Frank….
One question……Who would they get to round up people?
Caution: Paulistas at play, Gear down and prepare to swerve.
I think your smoking to much dope , man .If you believe any of these satanist in congress ,your in for a big surprize when they come and take your ass away , while your yelling but the constitution says !
Check out police state 4 , the rise of FEMA . You dont have any more rights .
@Scott…..
Once again I ask…..Who do you think will be picking you up to take you to Camp FEMA or GITMO?
Another question…..how in the world will the USA be able to feed all these prisoners ( Citizens) once they have us in custody?
Who says they’re going to feed you unless you’re a Muslim ? Then you write your own menu and dictate to them when your prayer time is , ect. Who will transport you to Camp FEMA or to Gitmo ? The U.S. military may help . At the risk of sounding skeptical , I have a hard time believing anything Feinstein says , just like I have a hard time believing anything Obama says .