A close reading of the bill suggests it would allow the U.S. military to detain U.S. citizens without trial indefinitely in the U.S. based on suspected activity. Read the bill here, and then read the summarized points after the jump.
According to the summary, the bill sets out a comprehensive policy for the detention, interrogation and trial of suspected enemy belligerents who are believed to have engaged in hostilities against the United States by requiring these individuals to be held in military custody, interrogated for their intelligence value and not provided with a Miranda warning.
(There is no distinction between U.S. persons--visa holders or citizens--and non-U.S. persons.)
It would require these "belligerents" to be coded as "high-value detainee[s]" to be held in military custody and interrogated for their intelligence value by a High-Value Detainee Interrogation Team established by the president. (The H.I.G., of course, was established to bring a sophisticated interrogation capacity to the federal justice system.)
Any suspected unprivileged enemy belligerents considered a "high-value detainee" shall not be provided with a Miranda warning.
Are You Scheduled For Government Interrogation If Senate
bill 3081 Is Passed?
On March 4, 2010, Sen. John McCain
introduced S. 3081, The “Enemy Belligerent Interrogation, Detention, and
Prosecution Act of 2010.”
Under S.3081, an “individual” need only be
Suspected by Government of “suspicious activity” or “supporting hostilities” to
be dragged off and held indefinitely in Military Custody. Government will have
the power to detain and interrogate any individual without probable cause.
Government need only allege an individual kept in detention, is an Unprivileged
Enemy Belligerent suspected of; having engaged in hostilities against the
United States or its coalition partners; or has purposefully and materially
supported hostilities against the United States or its coalition partners. How
could one prove to Government they did not purposely do something? “Materially
Supporting Hostilities” against the United States could include any person or
group that spoke out or demonstrated disapproval against an agency of U.S.
Government. When you read the bill it appears “suspicion” is not necessary for
government to detain and interrogate individuals. McCain’s bill has the
potential of spawning domestic terrorism in the United States. Consider how
Americans might respond should Government use this bill to take away their
loved ones, family members and friends on mere suspicion. It is foreseeable
many Americans might go underground to Resist Government Tyranny. Definition
for Unprivileged Enemy Belligerent: (Anyone Subject to a Military Commission)
At least under the
Patriot Act, law enforcement generally needed probable cause to detain a person
indefinitely. Passage of S.3081 will permit government to use mere suspicion to
curtail an individual’s Constitutional Protections against unlawful arrest,
detention and interrogation without benefit of legal counsel and trial.
According to S.3081 Government is not required to provide detained individuals
U.S. Miranda Warnings or even an attorney.
Similar to fascist laws in other countries,
S.3081 if passed will frighten Americans from speaking out. S.3081 is so
broadly written, it appears any “individual” who writes on the Internet or
verbally express an opinion against or an entity of U.S. Government or its
coalition partners might be detained on the basis he or she is an “unprivileged
enemy belligerent”, “supporting hostilities against U.S. Government.”
FYI: below is enclosed a copy of “Hitler’s
Discriminatory Decrees signed February 28, 1933.” Although the Nazi Decrees are
written differently than S.3081 they bring America to the same place trashing
free speech and personal liberty. Note how the Nazi Government similar to U.S.
S.3081 has in Section (1) and (4) suspended personal liberty and shutdown Free
Speech, to intimidate Citizens speaking out against Government:
See 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.”
Similar to McCain’s S. 3081, but using
different wording the Nazi Government in Section (4) see below, suspended
Constitutional rights, ordered the arrest of Citizens for any Act that might
incite or provoke disobedience against state authorities. McCain’s S. 3081
instead mentions detaining and prosecuting Individuals for “supporting
hostilities” against U.S. Government. S.3081 is so broadly written anti-war
protesters Tea Party Groups might be arrested and detained just for attending
demonstrations.
See 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.
Some members in the Obama Government appear
bent on curtailing Citizens’ rights especially Free Speech and Opinions. In the
run up to Sen. McCain’s introduced S. 3081, it was reported Top Obama Czar Cass
Sunstein Proposed Infiltrating all 'Conspiracy Theorists' in a paper prepared
in 2008—that apparently expressed: Government should infiltrate and spy on
Americans, their groups and organizations to obstruct Free Speech, disrupt the
exchange of ideas and disseminate false information to neutralize Americans
that might question government. See news story:
http://www.wnd.com/?pageId=121884
In 2008 perhaps coincidence: "The
Violent Radicalization and Homegrown Terrorism Prevention Act", was
introduced by Rep. Jane Harman. The bill appeared to mirror a number of Czar
Cass Sunstein’s spying proposals on lawful Citizens and interrupting groups
without evidence of wrongdoing. Harman’s bill called for investigating and
tracking Americans and groups that might be prone to supporting or committing
violent acts of domestic terrorism. Harman’s bill had the potential of driving
lawful political and other activists underground. Perhaps creating the domestic
terrorists Bush II said Americans needed to be protected from. Rep. Harman's
"Violent Radicalization and Homegrown Terrorism Prevention Act" when
closely examined, defined "homegrown terrorism" as "any planned
act" that might use force to coerce U.S. Government or its people to
promote or accomplish a "political or social objective." No actual
force need occur. Government would only need to allege an individual or group
thought about it. Rep. Harman’s bill was often called the “Thought Crime Bill.”
McCain’s S.3081 like Harman’s bill, mentions
“non-violent acts" supporting terrorism in the U.S. and or emanating from
America against a foreign government or "U.S. ally."
"Non-violent terrorist acts" are covered in the Patriot Act to
prosecute Persons that support “coercion to influence a government or
intimidation to affect a civilian population.” However U.S. activists and
individuals under S.3081 would be much more vulnerable to prosecution, if
(charged with suspicion) of “intentionally providing support to an Act of
Terrorism”, for example American activists cannot control what other activists
might do illegally they network domestically or overseas. Under the Patriot
Act, law enforcement generally needs probable cause to detain or prosecute
someone. But under S.3081, law enforcement and the military can too easily use
“hearsay” or informants to allege “suspicious activity” to detain an
individual. Since 9/11 federal government established across the nation a large
number of Fusion Centers. Fusion Centers were originally established to improve
the sharing of anti-terrorism intelligence among different state, local and
federal law enforcement agencies. (But since expanded to pursue all crimes and
hazards); considering that: it is problematic under S.3081 that detained
individuals in the U.S. not involved in terrorism or hostile activities, not
given Miranda Warnings or allowed legal counsel will be prosecuted for ordinary
crimes because of their alleged admissions while in military custody.
Fusion Centers now pursue for analysis not
just criminal and terrorist information, but any information that can be
derived from police, public records and private sector data about Americans.
Fusion Centers increasingly involve components of the U.S. Military in addition
to other government entities to spy on Citizens. “The centers heavily rely on
local “informants” for information that is shared with Local, State, and
Federal police agencies.); “historically it is foreseeable” under S.3081 erroneous
informant information will be used under S.3081 to detain innocent Individuals.
Other governments have used lying informants to imprison and execute their
political opposition. Recently the Department of Homeland Security began
sharing more classified Military information with local Fusion Centers, perhaps
a mistake, not all local police keep secrets.
Fusion Centers
circumvent Fourth Amendment Constitutional protections that prohibit illegal
search and seizure, by taking advantage of ambiguous lines of authority to
manipulate differences in federal, state and local laws to maximize information
collection. Increasingly (private security companies and their operatives) work
so closely with local/federal law enforcement and Fusion Centers—providing and
exchanging information about Americans, they appear to (merge) with police.
That is what happened in Germany during the 1930’s when a private-Gestapo
merged its operations with German Federal Police. Subsequently Germany in 1939
placed all German Police agencies including the Gestapo under the control of
the "Reich Main Security Office” the equivalent of U.S. Homeland Security.
Notably, McCain’s S.3081 mandates merging Federal, State and local police and
subsequently the U.S. Military to detain and hold Individuals in the U.S., even
without probable cause. Interestingly a Rand Report prepared for the Army,
recently made public, appears to suggest that U.S. Government develop a Local,
State and Federal U.S. "National Police Stabilization Force merging State
law enforcement with the Feds. What could happen to State Rights and what Laws
and Jurisdiction would be used to prosecute state Citizens arrested by a
National Police Stabilization Force? A National Police Force could potentially
be sent by the President into any State with the approval of its governor,
against the wishes of its Citizens? To clarify the Rand Corporation report
visit:
It should be
expected under S.3081 that government would use an individual’s phone call and
email information to allege without probable cause “suspicious or hostile
activity against the United States.” It does not appear U.S. Government will
stop wiretapping Citizens' electronic communications. Just recently Pres.
Obama's signed Executive Order EO 12425 that put INTERPOL above the United
States Constitution. Obama’s Executive Order authorized INTERPOL to act within
the United States without being subject to 4th Amendment Search and Seizure
laws. It would appear INTERPOL may now tap American phones and emails without a
warrant. And that U.S. Police can use INTERPOL to circumvent the Fourth
Amendment to arrest Americans and or forfeit their property by bringing
INTERPOL into a criminal or civil investigation. Government can too easily take
an innocent person’s hastily written email, fax or phone call out of context to
allege “suspicious activity” or that a crime or violation was committed to
cause an arrest or Civil Asset Forfeiture.
DECREE OF THE REICH PRESIDENT FOR THE PROTECTION
OF
THE PEOPLE AND STATE
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.
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.
1 Comments in Response to McCain's Idea of Liberty: A Detention Bill You Ought to Read
Are You Scheduled For Government Interrogation If Senate bill 3081 Is Passed?
On March 4, 2010, Sen. John McCain introduced S. 3081, The “Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010.”
Under S.3081, an “individual” need only be Suspected by Government of “suspicious activity” or “supporting hostilities” to be dragged off and held indefinitely in Military Custody. Government will have the power to detain and interrogate any individual without probable cause. Government need only allege an individual kept in detention, is an Unprivileged Enemy Belligerent suspected of; having engaged in hostilities against the United States or its coalition partners; or has purposefully and materially supported hostilities against the United States or its coalition partners. How could one prove to Government they did not purposely do something? “Materially Supporting Hostilities” against the United States could include any person or group that spoke out or demonstrated disapproval against an agency of U.S. Government. When you read the bill it appears “suspicion” is not necessary for government to detain and interrogate individuals. McCain’s bill has the potential of spawning domestic terrorism in the United States. Consider how Americans might respond should Government use this bill to take away their loved ones, family members and friends on mere suspicion. It is foreseeable many Americans might go underground to Resist Government Tyranny. Definition for Unprivileged Enemy Belligerent: (Anyone Subject to a Military Commission)
At least under the Patriot Act, law enforcement generally needed probable cause to detain a person indefinitely. Passage of S.3081 will permit government to use mere suspicion to curtail an individual’s Constitutional Protections against unlawful arrest, detention and interrogation without benefit of legal counsel and trial. According to S.3081 Government is not required to provide detained individuals U.S. Miranda Warnings or even an attorney.
Similar to fascist laws in other countries, S.3081 if passed will frighten Americans from speaking out. S.3081 is so broadly written, it appears any “individual” who writes on the Internet or verbally express an opinion against or an entity of U.S. Government or its coalition partners might be detained on the basis he or she is an “unprivileged enemy belligerent”, “supporting hostilities against U.S. Government.”
See McCain Senate bill S.3081 at:
http://assets.theatlantic.com/static/mt/assets/politics/ARM10090.pdf
FYI: below is enclosed a copy of “Hitler’s Discriminatory Decrees signed February 28, 1933.” Although the Nazi Decrees are written differently than S.3081 they bring America to the same place trashing free speech and personal liberty. Note how the Nazi Government similar to U.S. S.3081 has in Section (1) and (4) suspended personal liberty and shutdown Free Speech, to intimidate Citizens speaking out against Government:
See 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.”
Similar to McCain’s S. 3081, but using different wording the Nazi Government in Section (4) see below, suspended Constitutional rights, ordered the arrest of Citizens for any Act that might incite or provoke disobedience against state authorities. McCain’s S. 3081 instead mentions detaining and prosecuting Individuals for “supporting hostilities” against U.S. Government. S.3081 is so broadly written anti-war protesters Tea Party Groups might be arrested and detained just for attending demonstrations.
See 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.
Some members in the Obama Government appear bent on curtailing Citizens’ rights especially Free Speech and Opinions. In the run up to Sen. McCain’s introduced S. 3081, it was reported Top Obama Czar Cass Sunstein Proposed Infiltrating all 'Conspiracy Theorists' in a paper prepared in 2008—that apparently expressed: Government should infiltrate and spy on Americans, their groups and organizations to obstruct Free Speech, disrupt the exchange of ideas and disseminate false information to neutralize Americans that might question government. See news story: http://www.wnd.com/?pageId=121884
In 2008 perhaps coincidence: "The Violent Radicalization and Homegrown Terrorism Prevention Act", was introduced by Rep. Jane Harman. The bill appeared to mirror a number of Czar Cass Sunstein’s spying proposals on lawful Citizens and interrupting groups without evidence of wrongdoing. Harman’s bill called for investigating and tracking Americans and groups that might be prone to supporting or committing violent acts of domestic terrorism. Harman’s bill had the potential of driving lawful political and other activists underground. Perhaps creating the domestic terrorists Bush II said Americans needed to be protected from. Rep. Harman's "Violent Radicalization and Homegrown Terrorism Prevention Act" when closely examined, defined "homegrown terrorism" as "any planned act" that might use force to coerce U.S. Government or its people to promote or accomplish a "political or social objective." No actual force need occur. Government would only need to allege an individual or group thought about it. Rep. Harman’s bill was often called the “Thought Crime Bill.”
McCain’s S.3081 like Harman’s bill, mentions “non-violent acts" supporting terrorism in the U.S. and or emanating from America against a foreign government or "U.S. ally." "Non-violent terrorist acts" are covered in the Patriot Act to prosecute Persons that support “coercion to influence a government or intimidation to affect a civilian population.” However U.S. activists and individuals under S.3081 would be much more vulnerable to prosecution, if (charged with suspicion) of “intentionally providing support to an Act of Terrorism”, for example American activists cannot control what other activists might do illegally they network domestically or overseas. Under the Patriot Act, law enforcement generally needs probable cause to detain or prosecute someone. But under S.3081, law enforcement and the military can too easily use “hearsay” or informants to allege “suspicious activity” to detain an individual. Since 9/11 federal government established across the nation a large number of Fusion Centers. Fusion Centers were originally established to improve the sharing of anti-terrorism intelligence among different state, local and federal law enforcement agencies. (But since expanded to pursue all crimes and hazards); considering that: it is problematic under S.3081 that detained individuals in the U.S. not involved in terrorism or hostile activities, not given Miranda Warnings or allowed legal counsel will be prosecuted for ordinary crimes because of their alleged admissions while in military custody.
Fusion Centers now pursue for analysis not just criminal and terrorist information, but any information that can be derived from police, public records and private sector data about Americans. Fusion Centers increasingly involve components of the U.S. Military in addition to other government entities to spy on Citizens. “The centers heavily rely on local “informants” for information that is shared with Local, State, and Federal police agencies.); “historically it is foreseeable” under S.3081 erroneous informant information will be used under S.3081 to detain innocent Individuals. Other governments have used lying informants to imprison and execute their political opposition. Recently the Department of Homeland Security began sharing more classified Military information with local Fusion Centers, perhaps a mistake, not all local police keep secrets.
Fusion Centers circumvent Fourth Amendment Constitutional protections that prohibit illegal search and seizure, by taking advantage of ambiguous lines of authority to manipulate differences in federal, state and local laws to maximize information collection. Increasingly (private security companies and their operatives) work so closely with local/federal law enforcement and Fusion Centers—providing and exchanging information about Americans, they appear to (merge) with police. That is what happened in Germany during the 1930’s when a private-Gestapo merged its operations with German Federal Police. Subsequently Germany in 1939 placed all German Police agencies including the Gestapo under the control of the "Reich Main Security Office” the equivalent of U.S. Homeland Security. Notably, McCain’s S.3081 mandates merging Federal, State and local police and subsequently the U.S. Military to detain and hold Individuals in the U.S., even without probable cause. Interestingly a Rand Report prepared for the Army, recently made public, appears to suggest that U.S. Government develop a Local, State and Federal U.S. "National Police Stabilization Force merging State law enforcement with the Feds. What could happen to State Rights and what Laws and Jurisdiction would be used to prosecute state Citizens arrested by a National Police Stabilization Force? A National Police Force could potentially be sent by the President into any State with the approval of its governor, against the wishes of its Citizens? To clarify the Rand Corporation report visit:
http://www.wnd.com/index.php?fa=PAGE.view&pageId=122533
It should be expected under S.3081 that government would use an individual’s phone call and email information to allege without probable cause “suspicious or hostile activity against the United States.” It does not appear U.S. Government will stop wiretapping Citizens' electronic communications. Just recently Pres. Obama's signed Executive Order EO 12425 that put INTERPOL above the United States Constitution. Obama’s Executive Order authorized INTERPOL to act within the United States without being subject to 4th Amendment Search and Seizure laws. It would appear INTERPOL may now tap American phones and emails without a warrant. And that U.S. Police can use INTERPOL to circumvent the Fourth Amendment to arrest Americans and or forfeit their property by bringing INTERPOL into a criminal or civil investigation. Government can too easily take an innocent person’s hastily written email, fax or phone call out of context to allege “suspicious activity” or that a crime or violation was committed to cause an arrest or Civil Asset Forfeiture.
DECREE OF THE REICH PRESIDENT FOR THE PROTECTION OF
THE PEOPLE AND STATE
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.
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