Newspaper logo  
 
 
Local Stories, Events

Ref. : Civic Events

Ref. : Arts & Education Events

Ref. : Public Service Notices

Books, Films, Arts & Education

06.14 The Trump administration is waging a quiet war on education

Letters

Ref. : Letters to the editor

Health Care & Environment

06.19 Engineers boost output of solar desalination system by 50% [Trump fires scientist. It would be far better to enable their good work.]

06.19 Can planting billions of trees save the planet?

06.19 Vermont adopts the most comprehensive plastics ban in U.S.

06.19 We’ll Never Solve Immigration If We Don’t Solve Climate Change [Why is our President so willfully stupid?]

06.19 Scientists shocked by Arctic permafrost thawing 70 years sooner than predicted

06.18 Photograph lays bare reality of melting Greenland sea ice ice sheet

06.18 Because 'This Is a Public Health Crisis,' Pennsylvania Gov. Urged to Investigate Link Between Fracking and Childhood Cancers

06.18 The Worst Patients in the World [Is THIS the dumbest thing we can do? Then let's do it!]

06.18 Navy Contaminates Local Groundwater and Sewer System in Maryland [Is THIS the dumbest thing we can do? Then let's do it!]

06.18 Trump's order to trim science advisory panels sparks outrage [Is THIS the dumbest thing we can do? Then let's do it!]

06.18 Call to arms: how can Australia avoid a slow and painful decline?

06.18 Soaring Temperatures Speed Up Spring Thaw on Greenland’s Ice Sheet

06.17 Hopes for climate progress falter with coal still king across Asia [Governments must subsidize very rapid installation of renewable energy to displace all fossil energy—aka DEATH ENERGY—power plants that must be made illegal ASAP]

06.17 Oil companies double down on plastics as public outcry grows [Obscene!]

06.17 Ocasio-Cortez: "We’re Going to Fight to Repeal the Hyde Amendment"

06.15 'The Changes Are Really Accelerating': Alaska at Record Warm While Greenland Sees Major Ice Melt

06.15 So much plastic is being made that "recycling has no impact" [Non-recyclable plastic must be made illegal to manufacture, use]

06.15 Climate crisis: aviation industry hears clamour for electric planes

06.15 We must transform our lives and values to save this burning planet [Increased ice melt in polar latitudes has been disguising reality in the middle latitudes. This effect will soon be replaced by record heat as ice volume and seasonal melting increasingly declines.]

06.15 This all-male council in Texas just voted to ban abortion [1:59 video; Bad assumptions foment ignorant actions...]

06.14 The Trans Mountain pipeline is a disaster – but Trudeau can make it right

06.14 The Pentagon emits more greenhouse gases than Portugal, study finds

06.14 Climate crisis: Alaska is melting and it’s likely to accelerate global heating

06.13 Chemical companies at centre of Guardian's Cancer Town series face state legal action [7:56 video]

06.12 'This is not a "what if" story': Tokyo braces for the earthquake of a century

06.12 Plant Species Have Been Disappearing 500 Times Faster Than Normal, Thanks to Humans

06.12 Atmospheric carbon levels are leaping. We can't afford more years like this

06.12 Politics as Usual and Planetary Destruction

06.12 Most 'meat' in 2040 will not come from dead animals, says report

News Media Matters

06.15 China's Expanding Media Dominance in Africa

Daily: FAIR Blog
The Daily Howler

US Politics, Policy & 'Culture'

06.19 America has never gone this long without hiking the federal minimum wage [The poor would spend every penny and help the economy and decrease health costs. Only dummies don't understand the costly effects of penury.]

06.19 When migrants arrived in droves, this poor New Mexico city opened its arms [A good example for us all: This is the way we must respond to human suffering]

06.18 It's A Horrible Idea To Privatize The Tennessee Valley Authority And Other Public Energy Assets [Is THIS the dumbest thing we can do? Then let's do it!]

06.18 The secret to Elizabeth Warren's surge? Ideas

06.18 Tobacco's 'Special Friend': What Internal Documents Say About Mitch McConnell [His immorality is in complete control]

06.17 Climate change leadership would create a new 'American century' [We must incentivize the strategic good, again, before it's too late.]

06.17 Jon Stewart takes aim at McConnell in continued fight for 9/11 victim compensation fund [2:56 C-SPAN video]

06.17 Drug Cop Worth $400 Million After Bets on Brooklyn Real Estate [A better role-model than Trump or Kushner!]

06.15 Hard Times in the Imperial Valley

06.15 Ro Khanna Forces Beltway Bandit to Refund Millions From Price Gouging

06.15 White House physicist sought aid of rightwing thinktank to challenge climate science [When your President is a quack he naturally surrounds himself with sycophants]

Justice Matters

06.19 'Credible evidence' Saudi crown prince liable for Khashoggi killing – UN report

High Crimes

06.18 As promised, Trump slashes aid to Central America over migrants [Is THIS the cruelest thing we can do? Then let's do it!]

06.18 ‘The Saudis couldn’t do it without us’: the UK’s true role in Yemen’s deadly war [If you act psychopathic you are psychopathic; 3:40 Video: Where have all the flowers (and morals and young men) gone, long time passing, sung by Marlene Dietreich]

06.17 'Blatant Theft': Netanyahu Unveils Illegal Settlement Named 'Trump Heights' in Occupied Syrian Territory [Great deal: the U.S. gives Israel $Billions every year, and they name an illegal settlement—to be built on Palestinian land—after Trump]

Economics & Corrupt Capitalism

06.15 'Eye-Popping': Analysis Shows Top 1% Gained $21 Trillion in Wealth Since 1989 While Bottom Half Lost $900 Billion [More equality or bring back the guillotines!]

International & Futurism

06.19 Trump Enabled an ‘Act of Organized Crime’ in Guatemala [Trump and other mafia-dons cause refugees and migrants as much as global warming]

06.19 Ireland to ban new petrol and diesel vehicles from 2030

06.19 Madrid’s new rightwing council suspends low-emissions zone [“Stupid is as stupid does.” –Forrest Gump]

06.19 UK firms told they face 'deliberate disruption' to hit zero carbon goal

06.19 Donald Trump’s reckless Iran policy casts doubt on the US as global leader [America's reputation has plummeted more speedily since Trump's dubious election, with professionals willfully replaced with less competent appointees or left unfilled in many federal government agencies]

06.19 Women outperform men after Japan medical school stops rigging exam scores

06.19 UK climate plan unclear, says European commission

06.18 'If This Is True, They Are Even Bigger Lunatics Than We Realized': UN Officials Reportedly Believe Trump Planning 'Massive' Bombing Campaign in Iran [Never underestimate the stupidity of the Trump Administration]

06.18 The United States Should Welcome a Strong, United Latin America

06.18 Solidarity With Glenn Greenwald

06.18 Theresa May could yet give us the ultimate parting gift: a Brexit referendum

06.18 The Trump administration's dangerous fever dream about Iran

06.18 Iran will not wage war against any nation, says Hassan Rouhani [Economic sanctions are cruel punishment to innocent civilians causing hate for generations. We will reap what Trump sows.]

06.17 Saudi Arabia May Execute Teenager for His Protests — Including When He Was 10 [America's “best ally” is psychopathically insane]

06.17 Why Venezuela Is the Vietnam of Our Time [Powerful, clear writing!]

06.17 US Attacks Russia’s Power Grid; Trump Kept in Dark

We are a non-profit Internet-only newspaper publication founded in 1973. Your donation is essential to our survival.

You can also mail a check to:
Baltimore News Network, Inc.
P.O. Box 42581
Baltimore, MD 21284-2581
Google
This site Web
  The McCain-Lieberman Police State Act

COMMENTARY:

The McCain-Lieberman Police State Act

by Stephen Lendman
Friday, 26 March 2010
It comes down to "the rule of law or the rule of fear." Protecting American citizens and national security is one thing. Discarding core legal principles to do it reflects the worst elements of police state justice.

If enacted, it will advance what this writer addressed in a December 2007 article titled, "Police State America - A Look Back and Ahead," covering numerous Bush administration laws, Executive Orders (EOs), National and Homeland Security Presidential Directives, edicts, and various illegal acts targeting designated domestic and foreign adversaries, dissent, civil liberties, human rights, and other democratic freedoms.

Straightaway post-9/11, George Bush signed a secret finding empowering the CIA to "Capture, Kill or Interrogate Al-Qaeda Leaders." He also authorized establishing a covert global gulag to detain and interrogate them without guidelines on proper treatment.

Other presidential directives ordered abductions, torture and indefinite detentions. In November 2001, Military Order Number 1 empowered the Executive to capture, kidnap or otherwise arrest non-citizens (and later citizens) anywhere in the world for any reason and hold them indefinitely without charge, evidence, due process or judicial fairness protections of law.

The 2006 Military Commissions Act authorized torture and sweeping unconstitutional powers to detain, interrogate and prosecute alleged suspects and collaborators (including US citizens), hold them (without evidence) indefinitely in military prisons, and deny them habeas and other legal protections.

Section 1031 of the FY 2010 Defense Authorization Act contained the 2009 Military Commissions Act, listing changes that include discarding the phrase "unlawful enemy combatant" for "unprivileged enemy belligerent." More on that below.

Seamlessly, Obama continues Bush administration practices and added others, including:

  • greater than ever surveillance;
  • ruthless political persecutions;
  • preventively detaining individuals ordered released - "who cannot be prosecuted," he said, "yet who pose a clear danger to the American people;"
  • a secret "hit list" authorizing CIA and Pentagon operatives to kill US citizens abroad based on unsubstantiated evidence they're involved in alleged plots against America or US interests;
  • weaker whisleblower protections;
  • state secrets privilege to block lawsuits by victims of rendition, torture, abuse or warrantless wiretapping; and
  • other anti-democratic measures.

Now, the March 4 S. 3081: Enemy Belligerent, Interrogation, Detention, and Prosecution Act of 2010 to interrogate and detain "enemy belligerents who commit hostile acts against the United States to establish certain limitations on the prosecution of such belligerents, and for other purposes."

On the Senate floor, John McCain explained it, saying "we still don't have a clear mechanism, legal structure, and implementing policy for dealing with terrorists who we capture in the (alleged) act of trying to bring about attacks on the United States and our national security interests at home and abroad."

These suspects have no right to "Miranda warnings and defense lawyers. Instead, the priority and focus must be on isolating and neutralizing the immediate threat and collecting intelligence to prevent" any attacks.

"I (also) believe we must establish a system for long-term detention of terrorists who are too dangerous to release, but who cannot be tried in a civilian court" because no evidence exists to convict them.

At a March 4 press conference, Senator Joe Lieberman told reporters:

"These are not common criminals. They are war criminals. Anyone we capture in this war should be treated as a prisoner of war, held by the military, interrogated for information that will protect Americans and help us win this war and then where appropriate, tried not in a normal federal court where criminals are tried but before a military commission."

S. 3081 Provisions

The bill imposes harsh police state measures, including:

  • targeting anyone worldwide, including US citizens, "suspected of engaging in (or materially supporting) hostilities against the United States or its coalition partners through an act of terrorism, or by other means...;"
  • placing such individuals "in military custody for purposes of initial interrogation and determination of status in accordance with the provisions of this Act;"
  • transporting them to intelligence officials for more interrogation;
  • determining who may be a "high-value detainee (HVD);"
  • further interrogating those individuals by a "High-Value Detainee Interrogation Group (HVIG)....utiliz(ing) military and intelligence personnel, and Federal, State, and local law enforcement personnel....;"
  • having HVIGs submit their determination to the Defense Secretary and Attorney General after consulting with the Directors of National Intelligence, FBI, and CIA. "The Secretary of Defense and Attorney General (will then) make a final determination and report (it) to the President and the appropriate committees of Congress. In the case of any disagreement between the Secretary of Defense and the Attorney General, the President will make the determination;"
  • designating seized individuals "unprivileged enemy belligerent(s);"
  • denying them Miranda rights:
  • deciding on a "Final (status) Determination" within 48 hours, "to the extent practicable;"
  • letting the President establish HVD interrogation group operations and activities, including whether detainees "meet the criteria for treatment as a high-value detainee for purposes of interrogation....," including the potential threat held individuals pose:
    1. for an attack against America, its citizens, US military personnel or facilities;
    2. their potential intelligence value;
    3. membership in or affiliation with Al Qaeda; and
    4. "such other matters as the President considers appropriate."

Pending final determination, detainees "shall be treated as unprivileged enemy belligerent(s)," defined as:

"An individual, including a citizen of the United States (to) be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged, or which the individual has purposely and materially supported, consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities."

An "unprivileged enemy belligerent" means anyone (with or without evidence) suspected of "engag(ing) in (or materially supporting) hostilities against the United States or its coalition partners," including alleged Al Qaeda members.

Raised Concerns

Designating individuals "unlawful enemy combatants" or "unprivileged enemy belligerents" places them in legal limbo, contrary to international law, the Constitution, and three recent Supreme Court decisions:

  • Rasul v. Bush (2004) establishing US court system jurisdiction to decide if Guantanamo-held non-US citizens were wrongfully imprisoned;
  • Hamdi v. Rumsfeld (2004) granting US citizen Yaser Hamdi and other Guantanamo detainees habeas rights to challenge their detentions in federal courts; and
  • Hamdan v. Rumsfeld (2006) denying Guantanamo military commissions "the power to proceed because (their) structures and procedures violate both the Uniform Code of Military Justice and the four Geneva Conventions signed in 1949."

Obama-ordered preventive detentions (against uncharged persons) and S. 3081 violate international law, the Constitution, and the above Supreme Court decisions.

Writing for the Jurist Legal News & Research, University of Utah Law Professor, Amos Guiora, calls the proposed bill "the latest example of panic-based legislation" in the wake of the (false flag) December airplane bombing and whether alleged 9/11 suspects will be tried in federal or military courts - Khalid Sheikh Mohammed and others falsely charged based on tortured-extracted confessions.

Holding detainees through "end of hostilities in the terrorism paradigm is a euphemism for indefinite detention....subject(ing) an extraordinarily broad group of persons" to cruel and inhumane treatment based on unsubstantiated charges, and denying them due process and judicial fairness.

Guiora calls the proposed law:

"a fundamental miscarriage of justice created by the unconstitutional denial of the right to counsel, the right to remain silent, the right to be free from arbitrary, let alone indefinite detention, and the right to a day in court." Unfortunately, too often "legitimacy and justification take a back seat" to expediency and the political climate of the times.

As a result, innocent victims are unjustly arrested, called terrorists, interrogated, tortured, indefinitely detained and denied all rights despite constitutional and international law protections.

"Republicans and Democrats alike have failed to articulate, create and implement a lawful interrogation, detention and trial regime for post-9/11 detainees. That is shameful and reflects negatively on two Presidents, the Congress and the Supreme Court."

The major media also. Their reports hype the threat, pre-determine guilt, and influence public opinion to believe government-charged individuals are dangerous, guilty, and should be confined to deter "terrorism."

Yet the Constitution's Fifth Amendment states:

"No person shall....be deprived of life, liberty, or property without due process of law....;" and

The 14th Amendment reads:

No "State (may) deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."

Yet in a climate of fear and intimidation, everyone is potentially vulnerable to legislative lawlessness if congressional timidity lets S. 3081 pass in an election year.

According to Guiora, it comes down to "the rule of law or the rule of fear." Protecting American citizens and national security is one thing. Discarding core legal principles to do it reflects the worst elements of police state justice.


Stephen Lendman

Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net. His blog is sjlendman.blogspot.com.

Listen to Lendman's 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.

Mr. Lendman's stories are republished in the Baltimore Chronicle with permission of the author.



Copyright © 2010 The Baltimore News Network. All rights reserved.

Republication or redistribution of Baltimore Chronicle content is expressly prohibited without their prior written consent.

Baltimore News Network, Inc., sponsor of this web site, is a nonprofit organization and does not make political endorsements. The opinions expressed in stories posted on this web site are the authors' own.

This story was published on March 26, 2010.
 

Public Service Ads: