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Invisibleimplicitli
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Registered: 09/18/06
Posts: 3,027
top 25 censored stories
    #7887561 - 01/16/08 08:42 AM (16 years, 16 days ago)

http://www.projectcensored.org/censored_2008/index.htm

This is just the first.

With the approval of Congress and no outcry from corporate media, the Military Commissions Act (MCA) signed by Bush on October 17, 2006, ushered in military commission law for US citizens and non-citizens alike. While media, including a lead editorial in the New York Times October 19, have given false comfort that we, as American citizens, will not be the victims of the draconian measures legalized by this Act—such as military roundups and life-long detention with no rights or constitutional protections—Robert Parry points to text in the MCA that allows for the institution of a military alternative to the constitutional justice system for “any person” regardless of American citizenship. The MCA effectively does away with habeas corpus rights for “any person” arbitrarily deemed to be an “enemy of the state.” The judgment on who is deemed an “enemy combatant” is solely at the discretion of President Bush.
The oldest human right defined in the history of English-speaking civilization is the right to challenge governmental power of arrest and detention through the use of habeas corpus laws, considered to be the most critical parts of the Magna Carta which was signed by King John in 1215.
Alexander Hamilton wrote in The Federalist #84 in August of 1788:

The establishment of the writ of habeas corpus are perhaps greater securities to liberty and republicanism than any it [the Constitution] contains. The practice of arbitrary imprisonments have been, in all ages, the favorite and most formidable instruments of tyranny. The observations of the judicious [British eighteenth-century legal scholar] Blackstone, in reference to the latter, are well worthy of recital:

“To bereave a man of life” says he, “or by violence to confiscate his estate, without accusation or trial, would be so gross and notorious an act of despotism, as must at once convey the alarm of tyranny throughout the whole nation; but confinement of the person, by secretly hurrying him to jail, where his sufferings are unknown or forgotten, is a less public, a less striking, and therefore a more dangerous engine of arbitrary government.”

While it is true that some parts of the MCA target non-citizens, other sections clearly apply to US citizens as well, putting citizens inside the same tribunal system with non-citizen residents and foreigners.
Section 950q of the MCA states that, “Any person is punishable as a principal under this chapter [of the MCA] who commits an offense punishable by this chapter, or aids, abets, counsels, commands, or procures its commission.”1
Section 950v. “Crimes Triable by Military Commissions” (26) of the MCA seems to specifically target American citizens by stating that, “Any person subject to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished as a military commission under this chapter may direct.”1
“Who,” warns Parry, “has ‘an allegiance or duty to the United States’ if not an American citizen?”
Besides allowing “any person” to be swallowed up by Bush’s system, the law prohibits detainees once inside from appealing to the traditional American courts until after prosecution and sentencing, which could translate into an indefinite imprisonment since there are no timetables for Bush’s tribunal process to play out.
Section 950j of the law further states that once a person is detained, “ not withstanding any other provision of law (including section 2241 of title 28 or any other habeas corpus provision) no court, justice, or judge shall have jurisdiction to hear or consider any claim or cause of action whatsoever relating to the prosecution, trial, or judgment of a military commission under this chapter, including challenges to the lawfulness of procedures of military commissions.”1
Other constitutional protections in the Bill of Rights, such as a speedy trial, the right to reasonable bail, and the ban on “cruel and unusual punishment,” would seem to be beyond a detainee’s reach as well.
Parry warns that, “In effect, what the new law appears to do is to create a parallel ‘star chamber’ system for the prosecution, imprisonment, and possible execution of enemies of the state, whether those enemies are foreign or domestic.
“Under the cloak of setting up military tribunals to try al-Qaeda suspects and other so-called unlawful enemy combatants, Bush and the Republican-controlled Congress effectively created a parallel legal system for ‘any person’—American citizen or otherwise—who crosses some ill-defined line.”
In one of the most chilling public statements ever made by a US Attorney General, Alberto Gonzales opined at a Senate Judiciary Committee hearing on Jan. 18, 2007, “The Constitution doesn’t say every individual in the United States or citizen is hereby granted or assured the right of habeas corpus. It doesn’t say that. It simply says the right shall not be suspended.”
More important than its sophomoric nature, Parry warns, is that Gonzales’s statement suggests he is still searching for arguments to make habeas corpus optional, subordinate to the President’s executive powers that Bush’s neoconservative legal advisers claim are virtually unlimited during “time of war.”

Citation
1. “Military Commissions Act of 2006” Public Law 109-366, 109th Congress. See http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=109_cong_public_laws&docid=f :publ366.109.
UPDATE BY ROBERT PARRY
The Consortium series on the Military Commissions Act of 2006 pointed out that the law’s broad language seems to apply to both US citizens and non-citizens, contrary to some reassuring comments in the major news media that the law only denies habeas corpus rights to non-citizens. The law’s application to “any person” who aids and abets a wide variety of crimes related to terrorism—and the law’s provisions stripping away the jurisdiction of civilian courts—could apparently thrust anyone into the legal limbo of the military commissions where their rights are tightly constrained and their cases could languish indefinitely.
Despite the widespread distribution of our articles on the Internet, the major US news media continues to ignore the troubling “any person” language tucked in toward the end of the statute. To my knowledge, for instance, no major news organization has explained why, if the law is supposed to apply only to non-citizens, one section specifically targets “any person [who] in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States.” Indeed, the “any person” language in sections dealing with a wide array of crimes, including traditional offenses such as spying, suggests that a parallel legal system has been created outside the parameters of the US Constitution.
Since publication of the articles, the Democrats won control of both the House and Senate—and some prominent Democrats, such as Senate Judiciary Committee chairman Patrick Leahy, have voiced their intent to revise the law with the goal of restoring habeas corpus and other rights. However, other Democrats appear hesitant, fearing that any attempt to change the law would open them to charges that they are “soft on terrorism” and that Republicans would torpedo the reform legislation anyway. Outside of Congress, pro-Constitution groups have made reform of the Military Commissions Act a high priority. For instance, the American Civil Liberties Union organized a national protest rally against the law. But the public’s lack of a clear understanding of the law’s scope has undercut efforts to build a popular movement for repeal or revision of the law.
To learn more about the movement to rewrite the Military Commissions Act, readers can contact the ACLU at https://secure.aclu.org/site/SPageServer?pagename=DOA_learn
https://secure.aclu.org/site/SPageServer?pagename=DOA_learn.

Comment
On June 8, 2007 the Senate Judiciary Committee passed the Habeas Corpus Restoration Act on an 11-8 vote. If approved, the bipartisan bill, authored by Senator Patrick Leahy of Vermont and Senator Arlen Specter of Pennsylvania, will restore habeas rights that were taken away last year by the Military Commissions Act. The bill will move to the full Senate for vote late June 2007.


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Invisibleimplicitli
Female User Gallery
Registered: 09/18/06
Posts: 3,027
Re: top 25 censored stories [Re: implicitli]
    #7887565 - 01/16/08 08:43 AM (16 years, 16 days ago)

And second



#2 Bush Moves Toward Martial Law
Sources:
Toward Freedom , October 25, 2006
Title: “Bush Moves Toward Martial Law”
Author: Frank Morales
www.towardfreedom.com/home/content/view/911

Student Researchers: Phillip Parfitt and Julie Bickel
Faculty Evaluator: Andy Merrifield, Ph.D.

The John Warner Defense Authorization Act of 2007, which was quietly signed by Bush on October 17, 2006, the very same day that he signed the Military Commissions Act, allows the president to station military troops anywhere in the United States and take control of state-based National Guard units without the consent of the governor or local authorities, in order to “suppress public disorder.”
By revising the two-century-old Insurrection Act, the law in effect repeals the Posse Comitatus Act, which placed strict prohibitions on military involvement in domestic law enforcement. The 1878 Act reads, “Whoever, except in cases and under circumstances expressly authorized by the Constitution or Act of Congress, willfully uses any part of the Army or Air Force as a posse comitatus or otherwise to execute the laws shall be fined under this title or imprisoned not more than two years, or both.” As the only US criminal statute that outlaws military operations directed against the American people, it has been our best protection against tyranny enforced by martial law—the harsh system of rules that takes effect when the military takes control of the normal administration of justice. Historically martial law has been imposed by various governments during times of war or occupation to intensify control of populations in spite of heightened unrest. In modern times it is most commonly used by authoritarian governments to enforce unpopular rule.1
Section 333 of the Defense Authorization Act of 2007, entitled “Major public emergencies; interference with State and Federal law,” states that “the President may employ the armed forces, including the National Guard in Federal service—to restore public order and enforce the laws of the United States when, as a result of a natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident, or other condition in any State or possession of the United States, the President determines that domestic violence has occurred to such an extent that the constituted authorities of the State or possession are incapable of (or “refuse” or “fail” in) maintaining public order—in order to suppress, in any State, any insurrection, domestic violence, unlawful combination, or conspiracy.”
Thus an Act of Congress, superceding the Posse Comitatus Act, has paved the way toward a police state by granting the president unfettered legal authority to order federal troops onto the streets of America, directing military operations against the American people under the cover of “law enforcement.”
The massive Defense Authorization Act grants the Pentagon $532.8 billion to include implementation of the new law which furthermore facilitates militarized police round-ups of protesters, so-called illegal aliens, potential terrorists, and other undesirables for detention in facilities already contracted and under construction, (see Censored 2007, Story #14) and transferring from the Pentagon to local police units the latest technology and weaponry designed to suppress dissent.
Author Frank Morales notes that despite the unprecedented and shocking nature of this act, there has been no outcry in the American media, and little reaction from our elected officials in Congress. On September 19, a lone Senator Patrick Leahy (D-Vermont) noted that 2007’s Defense Authorization Act contained a “widely opposed provision to allow the President more control over the National Guard [adopting] changes to the Insurrection Act, which will make it easier for this or any future President to use the military to restore domestic order without the consent of the nation’s governors.”
A few weeks later, on September 29, Leahy entered into the Congressional Record that he had “grave reservations about certain provisions of the fiscal Year 2007 Defense Authorization Bill Conference Report,” the language of which, he said, “subverts solid, longstanding posse comitatus statutes that limit the military’s involvement in law enforcement, thereby making it easier for the President to declare martial law.” This had been “slipped in,” Leahy said, “as a rider with little study,” while “other congressional committees with jurisdiction over these matters had no chance to comment, let alone hold hearings on, these proposals.”
Leahy noted “the implications of changing the [Posse Comitatus] Act are enormous.” “There is good reason,” he said, “for the constructive friction in existing law when it comes to martial law declarations. Using the military for law enforcement goes against one of the founding tenets of our democracy. We fail our Constitution, neglecting the rights of the States, when we make it easier for the President to declare martial law and trample on local and state sovereignty.”
Morales further asserts that “with the president’s polls at a historic low and Democrats taking back the Congress it is particularly worrisome that President Bush has seen fit, at this juncture to, in effect, declare himself dictator.”


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OfflineAzrah
Stranger

Registered: 03/14/07
Posts: 611
Last seen: 11 years, 1 month
Re: top 25 censored stories [Re: implicitli]
    #7887640 - 01/16/08 09:24 AM (16 years, 16 days ago)

................I don't know what else to say, but this article makes me sick to my stomach.


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InvisibleDontPlay
Yeah Science!
Male


Registered: 12/13/07
Posts: 750
Loc: On Land most of the time....
Re: top 25 censored stories [Re: Azrah]
    #7888177 - 01/16/08 01:01 PM (16 years, 16 days ago)

Before the Presidential election there will be a major Terrorist Attack on US soil..Bush will declare martial law so he can remain president. You've been warned.


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I hate to advocate drugs, alcohol, violence, or insanity to anyone, but they've always worked for me. 
    Hunter S. Thompson



I prefer dangerous freedom over peaceful slavery.
~Thomas Jefferson


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Offlinelearningtofly
Ancient Aliens
Male


Registered: 05/21/07
Posts: 15,105
Loc: Out of this world
Last seen: 12 years, 5 months
Re: top 25 censored stories [Re: DontPlay]
    #7888313 - 01/16/08 01:42 PM (16 years, 16 days ago)

Ooookay. I'm pretty sure someone would just be like fuck it i'll kill him i dont care about the jail time.


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InvisibleDontPlay
Yeah Science!
Male


Registered: 12/13/07
Posts: 750
Loc: On Land most of the time....
Re: top 25 censored stories [Re: learningtofly]
    #7888757 - 01/16/08 03:46 PM (16 years, 16 days ago)

Well I don't condone violence but I won't stop you either. Thing is they expect violence and they are prepared for it. Google Fema Camps there are several unused prisons, and work camps in almost every state. Who do you think they will put in those ? Not just illegal aliens but US citizens as well. VOTE RON PAUL !!!


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I hate to advocate drugs, alcohol, violence, or insanity to anyone, but they've always worked for me. 
    Hunter S. Thompson



I prefer dangerous freedom over peaceful slavery.
~Thomas Jefferson


Edited by DontPlay (01/16/08 03:49 PM)


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