Obama is going to sign the National Defense Authorization Act (NDAA) that he earlier threatened to veto.
He didn't threaten a veto, because the NDAA declared the whole world at war, including within US borders. His threat wasn't because the NDAA authorized indefinite detention by the military of anyone even suspected of terrorism, even US citizens in the US. It wasn’t because, the NDAA might permit here in the US the kind of assassination carried out against US-Yemeni Anwar al-Awlaki, gunned down by a drone in Yemen.
No, the President threatened a veto because the act presumed to tell him that he had to detain through the military by default, instead of through the CIA and FBI: it was a process thing.
Well, Congress found a way around that little disagreement, but all appear agreed, that the President, at least, should have absolute power in the truly GLOBAL war on terror.
Obama will sign this; the former professor of Constitutional Law will sign it! Whatever happened to right to a lawyer, right to a trial, habeas corpus, the Fifth Amendment's "No person shall ….. be deprived of life, liberty, or property, without due process of law?" This is especially true in capital cases. People must be indicted by a Grand Jury, if they are to "be held to answer for a capital, or otherwise infamous crime."
But since the whole world is within the battlefield, well, Constitutional rights pfff, who needs them? Said Senator Lindsay Graham of detainees, "They should not be read their Miranda Rights. They should not be given a lawyer." Huffpo 11/29/11.
Thought that just applied to swarthy guys with black beards or heavy five-o'clock shadow? Think again: the enemy isn't specifically described; it could be anyone, if somehow they are suspected--not proven--to be a terrorist threat. Then, there is one hearing, before military officers, but no trial. You could be put away in Guantanamo, or one of the other hell-holes our boys (and girls) have devised--in places like Afghanistan, or converted top security prisons here--and left there for the rest of your life--with no recourse.
Doctor Manette in Tale of Two Cities,, lost his mind during his indefinite detention in the Bastille. That’s the kind of thing that's made legal by the NDAA that Obama now says he will sign.
Roman Emperors held powers that were even more arbitrary, but they couldn't effectively wield them far beyond Rome or, later, Ravenna. Obama could carry out this new writ in any corner of the world.
Except, political analysts say, he's really signing it to forestall Republican criticism that he's soft on terrorism. Right.
He still might use it, even against peaceful Occupiers, or Tea Partiers. Who can say no? Congress gave him the power. And think what could come next: think of President Gingrich with this power!
Wednesday, December 14, 2011
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