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NDAA: “We must resist. We must oppose. We must reverse”

March 23, 2012
Mike Maharrey, Tenth Amendment Center

You won’t often find organizations as dissimilar as the Tenth Amendment Center, Demand Progress and The Bill of Rights Defense Committee, along with Tea Party Republicans, liberal Democrats and libertarians, playing nicely together on the same playground.

Even more unusual – finding them all pulling together on the same team.

But detention provisions without due process written into sections 1021 and 1022 of the National Defense Authorization Act served as a shot across America’s bow, raising concern to an amazingly high level, bringing groups and individuals across the political spectrum together to battle what they view as an unconstitutional and dangerous federal power grab.

And now… the rest of the story. …..

3 Comments leave one →
  1. Rwolf permalink
    March 23, 2012 3:33 pm

    Could Obama Be America’s First De Facto President?

    Obama’s recent Executive Order (The National Defense Resources Preparedness Order) cloaks an expansion of the Defense Production Act of 1950 that concerned Time of War. Obama’s broadly written (Preparedness Order) opened the door for Obama to alleged during (Peacetime) any crisis—affects National Security—as a (premise) to e.g. to take over control or confiscate private property from—Americans, corporations and businesses—redistribute any product, food, energy, water or transportation. Who might receive redistribution—of other people’s property should concern every American.

    It is unimaginable the Secretary of Defense Leon Panetta for President (Obama), informed Congress the President would no longer need their consent to wage war, that President Obama would get his authority from international treaties and the United Nations—the latter (A Foreign Agent). Is this an impeachable offense?

    For those informed, it was not a surprise when President Obama insisted on indefinite detentions of U.S. Citizens in the Defense Authorization Act? It was widely known Obama gave a speech in May 2010 at a Security Conference that proposed incarcerating anyone in indefinite detention without evidence of wrongdoing that government deemed a “combatant” or likely to engage in a violent act in the future; including U.S. When Obama signed NDAA Americans Lost their Constitution and Country To Fascist Legislation. Obama like Hitler gained the power to have U.S. Citizens dragged off the street and from their homes without evidence or probable cause to be imprisoned indefinitely based only on Government’s claim they supported hostilities, are a “combatant” or Belligerent”, for whatever—or threaten National Security.

    After Obama signed the National Defense Authorization Act of 2012, overnight millions of lawful U.S. activists may be subject to arrest or Indefinite Detention. Perhaps a portent, when you examine Obama’s May 2010 security conference speech, it appeared Obama was asking for (retroactive power) to incarcerate anyone without evidence that government claimed had prior or currently committed or supported violent acts (on the premise) he or she is likely to engage in or support violent acts in the future: U.S. activists are vulnerable because no activist knows what other activist or groups they associated or networked did in the past or might do—alleged illegal in the future domestically or overseas. Some observers believe NDAA included the vague term “Belligerent” in the manner it did, so U.S. Government would have authority granted by Congress to Indefinitely Detain large numbers of Americans not involved in terrorism.

    Under NDAA some Writers may be dead-meat. Government too easily can allege an author’s writings inspired hostilities, Combatant(s) or Belligerent(s) to order an author’s indefinite military / civilian detention.

    It is problematic indefinitely detained U.S. Citizens not involved in terrorism or hostilities, not given Miranda Warnings or allowed legal counsel that are interrogated, will be prosecuted for ordinary crimes because of their (alleged admissions) while held in Indefinite Detention. Obama appears intended to override the U.S. Constitution. Obama believes he has the power to detain indefinitely any American without probable cause or evidence. What Americans will dare speak out, criticize or question Government if Obama unleashes NDAA against the public?

    Obama is centralizing power in the federal Government by getting passed legislation U.S. government can potentially use to intimidate and threaten corporations among others. Hitler got passed similar laws shortly before the burning of the German Parliament building that was blamed on the communists. Immediately after the fire, Hitler used his prior passed police-state laws to coerce and blackmail corporations and influential Citizens to support passage of fascist legislation e.g., the (DISCRIMINATORY LAWS / DECREE OF THE REICH PRESIDENT FOR THE PROTECTION OF THE PEOPLE AND STATE that suspended provisions of the German Constitution that protected Citizens’ freedoms and civil liberties. Obama can us NDAA and Patriot Act section Section 806 and sections of Title 18 The United States Code that include more than 350 civil asset forfeiture laws to threaten any individual or corporation with government asset forfeiture to support his government policies; or Fascist legislation to intimidate, threaten and curtail the civil liberties of Americans. Under U.S. federal civil asset forfeiture laws, a person or business need not be charged with a crime for government to forfeit their property. Government civil asset forfeiture requires only a civil preponderance of evidence, little more than hearsay.

    The passed (Defense Authorization Act of 2012) appears more threatening to Americans than (Hitler’s FASCIST 1933 Discriminatory LAWS) that suspended provisions in the Reich Constitution that Protected German Citizens’ Civil Liberties? For example—Hitler’s 1933 DISCRIMINATORY LAWS (stated fines and time limits) Germans could be incarcerated for e.g., Serious Disturbance of the Peace, Provoking Public Unrest, Rioting; Acts that threatened National Security. In contrast Senators John McCain and Carl Levin’s passed National Defense Authorization Act of 2012—mandates holding Americans’ (Indefinitely) in Military Custody for being a mere “Belligerent.”

    Compare below Hitler’ s 1933 DISCRIMINATORY LAWS with passed NDAA The Nationals Defense Authorization Act of 2012:

    1933. ROBL. I 83.

    GERMANY Preliminary Compilation of Selected Laws, Decrees, and Regulations:


    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 Reich marks.

    Who ever 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

    Re:Obama’s (National Defense Resources Preparedness Order)

    • March 24, 2012 6:38 pm

      One will find few loyal American arguing this point. The argument only arises when certain political groups and candidates use basic issues important to all, to pursue a political end and their sincerity is strongly questionable given that they are the same people who did not stop and even deafened these laws when introduced by the Bush administration. To get out of this mess we need to drop the Right and Left republican democrat and focus on acceptable not acceptable based on what loyal American see as basic to this nation. Congress is passing some very bad self serving laws, YES CONGRESS. So drop your lust to hang Obama and tell me the name of the Congress People pushing such laws.

  2. March 23, 2012 10:58 am

    The government is seeing just how far we can be pushed, until bloodshed begins and the tyrrany is contained.

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