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NDAA: Open Season for the Police State

January 5, 2012
Jim Babka, DownsizeDC

How the New Indefinite Detention Provisions can be used on Americans

Congress just passed, and the President just signed, a bill that gives legal authority to the President to kidnap and perpetually imprison persons, including American citizens, without the benefit of due process.

Members of Congress, in the days leading up to the vote, tried to assure their constituents that they have nothing to fear — that the bill doesn’t apply to Americans.

Some were lying. Most were deceived.

Now, I don’t want to imply that Barack Obama plans to sweep up every one of his critics (or even a select few) because of statements they’ve uttered publicly. That is overstatement. The law doesn’t permit that. But consider the following scenario…

And now… the rest of the story. …..

3 Comments leave one →
  1. January 5, 2012 9:49 pm

    you program does not accept spell correction?Changed irredential to ‘reclaim’ among others?

  2. January 5, 2012 9:45 pm

    Oh Harold they are going to use if for the protection of the 1%. We can still suffer from all that garbage we allowed in that is n ow robing Senior as a target all over and well paid police does nothing.Not in South L.A. along the Coast to San Diego. It is Mexican free territory here, by doing nothing when robbed Sheriff makes you an easy target so they keep hitting you. Who will tell Obama beside me that is Democrat progressive are out for the Mexican, and Latino vote and they will do nothing to spare them RECORD. who tells him the 1% is not the only crocked place that is different rape of the people, then wwe have the sewer type they claim a right to steel,pardon me to irredenia of their original property before the gringo.

  3. Sue Riley permalink
    January 5, 2012 1:53 pm

    Is the Defense Authorization Act of 2012) more threatening to Americans than Hitler’s (1933 DISCRIMINATORY LAWS that suspended sections of the Reich Constitution that prior protectted Germans’ Civil liberties?

    Hitler’s laws stated time limits that Germans could be incarcerated for e.g., Serious Disturbance of the Peace, Provoking Public Unrest, Rioting; Acts that threatened National Security. But Senators Carl Levin and John McCain’s passed National Defense Authorization Act—mandates holding Americans* (indefinitely) in Military Custody, even for being a mere “Belligerent.” Some observers believe NDAA included the vague term “Belligerent” in the manner it did so U.S. Government would have the granted authority by Congress to indefinitely detain large numbers of lawful Americans not involved in terrorism. U.S. Government can arbitrarily deem anyone to be a “Belligerent.” For example, Below: compare The 1933 Nazi Decrees with Senators Carl Levin and John McCain’s National Defense Authorization Act of 2012.

    Under the passed National Defense Authorization Act of 2012, could some Americans be (Retroactively) subject to indefinite U.S. Military or prison detention (without charges or right to an attorney or trial? Most American activists don’t know what other activists and groups that they associated, networked might have done in the past, perhaps illegal. Both the National Authorization Act of 2012 and USA Patriot Act are broadly vague what constitutes (1) a terrorist act, (2) supporting or aiding terrorists; (3) being a “Combatant” or (4) “Belligerent.” For example, Americans advocating, attending or supporting a protest demonstration against a U.S. Government Agency; Policy or U.S. Military Action—could be charged with (1) (2) (3) and (4) under NDAA and the USA Patriot Act.

    History repeats itself: When other countries passed Police state, Fascist laws like The Defense Authorization Act of 2012, Citizens abstained from politically speaking out; visiting activists’ websites or writing comments that might be deemed inappropriate by the Police State Government, i.e. cause someone to be investigated, lose their job; be detained in Police / Military Custody. Some writers might be dead-meat now that Obama signed NDAA. It is now foreseeable that “Americans” who write on the Internet or verbally express an opinion against any entity of U.S. Government or its coalition partners could under the Patriot Act or The Defense Authorization Act be deemed by U.S. authorities a Terrorist; “Supporting or Aiding Terrorism”; a “Combatant or Belligerent” or (someone likely to engage in, support or provoke violent acts or threaten National Security.) U.S. Government can too easily allege an author’s writings inspired terrorists, combatants or belligerents in the past; could in the future or does so currently, to order an author’s indefinite prison or military detention. It is too foreseeable that indefinitely detained U.S. Citizens not involved in terrorism or hostile activities, not given Miranda Warnings or allowed legal counsel that are interrogated: will be prosecuted for non-terrorist (ordinary crimes) because of their (alleged admissions) when held in Indefinite Detention. What American will dare speak out against the U.S. Government now that Pres. Obama signed The Defense Authorization Act of 2012?

    Compare below Hitler’s Laws that might appear mild when set side by side with the National Authorization Act of 2012 and USA Patriot Act.

    1933. ROBL. I 83.

    Note: Based on translations by State Department, National Socialism, 1942 PP. 215-17, and Pollak, J.K., and Heneman, H.J., The Hitler Decrees, (1934), pp. 10-11.7
    In virtue of Section 48 (2) of the German Constitution, the following is decreed as a defensive measure against Communist acts of Violence, endangering the state:

    Section 1
    Sections 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association, and violations of the privacy of postal, telegraphic, and telephonic communications, and warrants for house-searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.

    Section 2
    If in a state the measures necessary for the restoration of public security and order are not taken, the Reich Government may temporarily take over the powers of the highest state authority.

    Section 4
    Whoever provokes, or appeals for or incites to the disobedience of the orders given out by the supreme state authorities or the authorities subject to then for the execution of this decree, or the orders given by the Reich Government according to Section 2, is punishable—insofar as the deed, is not covered by the decree with more severe punishment and with imprisonment of not less that one month, or with a fine from 150 up to 15,000 Reichsmarks.

    Whoever endangers human life by violating Section 1, is to be punished by sentence to a penitentiary, under mitigating circumstances with imprisonment of not less than six months and, when violation causes the death of a person, with death, under mitigating circumstances with a penitentiary sentence of not less that two years. In addition the sentence my include confiscation of property.

    Whoever provokes an inciter to or act contrary to public welfare is to be punished with a penitentiary sentence, under mitigating circumstances, with imprisonment of not less than three months.

    Section 5
    The crimes which under the Criminal Code are punishable with penitentiary for life are to be punished with death: i.e., in Sections 81 (high treason), 229 (poisoning), 306 (arson), 311 (explosion), 312 (floods), 315, paragraph 2 (damage to railroad properties, 324 (general poisoning).

    Insofar as a more severe punishment has not been previously provided for, the following are punishable with death or with life imprisonment or with imprisonment not to exceed 15 years:
    1. Anyone who undertakes to kill the Reich President or a member or a commissioner of the Reich Government or of a state government, or provokes to such a killing, or agrees to commit it, or accepts such an offer, or conspires with another for such a murder;
    2. Anyone who under Section 115 (2) of the Criminal Code (serious rioting) or of Section 125 (2) of the Criminal Code (serious disturbance of the peace) commits the act with arms or cooperates consciously and intentionally with an armed person;
    3. Anyone who commits a kidnapping under Section 239 of the Criminal with the intention of making use of the kidnapped person as a hostage in the political struggle.

    Section 6
    This decree enters in force on the day of its promulgation.
    Reich President
    Reich Chancellor
    Reich Minister of the Interior
    Reich Minister of Justice

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