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Bipartisan Senate Amendment Seeks to End Indefinite Detention of American Citizens

in Criminal Justice, Foreign Policy, Liberator Online, Middle East, National Defense, News You Can Use, Personal Liberty by Jackson Jones Comments are off

An amendment to the FY 2016 National Defense Authorization Act (NDAA), sponsored by Sen. Mike Lee, R-Utah, would guarantee that no American citizen can be indefinitely detained by the federal government without charges being filed against them.

DetentionIn 2011, Congress passed the FY 2012 version of the NDAA, which contained a controversial provision that, read broadly, could be used to detain American citizens suspected of terrorism without charges or trail under the 2001 Authorization for Military Force against al-Qaeda. The Lee amendment – which is cosponsored by a bipartisan group of senators, including Rand Paul, R-Ky., and Dianne Feinstein, D-Calif. – would resolve the controversy.

“America should never waiver in vigilantly pursuing those who would commit, or plot to commit, acts of treason against our country. But the federal government should not be allowed to indefinitely imprison any American on the mere accusation of treason without affording them the due process guaranteed by our Constitution,” Lee said in a statement released by his office. “By forbidding the government from detaining Americans without trial absent explicit congressional approval, the Due Process Guarantee amendment strikes the right balance between protecting our security and the civil liberties of each citizen.”

The Fifth and Fourteenth Amendments to the Constitution guarantee Americans the right to due process of law. The Sixth Amendment protects the right to “a speedy and public trial.”

The indefinite detention provision was inserted into the FY 2012 NDAA at the request of the White House, according to then-Sen. Carl Levin, D-Mich., who complied with the administration’s wishes. A Senate amendment, which passed the upper chamber with strong bipartisan support, to clarify the language was dropped during negotiations to resolve differences between the House and Senate’s versions of the FY 2013 NDAA.

“The Constitution does not allow President Obama, or any President, to apprehend an American citizen, arrested on U.S. soil, and detain these citizens indefinitely without a trial,” said Sen. Ted Cruz, R-Texas, another cosponsor of the amendment. “The Due Process Guarantee amendment will prohibit the President’s ability to indefinitely detain U.S. citizens arrested on American soil without trial or due process.”

“While we must vigorously protect national security by pursuing violent terrorists and preventing acts of terror, we must also ensure our most basic rights as American citizens are protected,” Cruz added.

The Senate is currently debating the FY 2016 version of the NDAA. Votes on amendments will occur over the next few legislative days. The bill passed the House in mid-May by a vote of 269-151.

New York Times: Should We Abolish the CIA?

in Communicating Liberty, Liberator Online by James W. Harris Comments are off

(From the Activist Ammunition section in Volume 20, No. 1 of the Liberator Online. Subscribe here!)

It’s exciting news when a bold libertarian idea moves into the mainstream. We’ve seen this again and again in recent years.

Now the New York Times — the very definition of mainstream, Establishment opinion — has asked a critical and timely question in the “Room for Debate” section of its Opinion Pages:

Abolish the CIA?“Do We Need the C.I.A.? Would the security needs of the United States be better served if the agency were dismantled?”

Writes the Times:

“Since Senator Daniel Patrick Moynihan introduced bills in 1991 and 1995 to abolish the Central Intelligence Agency and transfer its powers to the State Department, many have continued to share his concerns about the agency’s competence and performance. The Senate intelligence committee’s report on the use of torture is the latest example of the agency’s controversies. …

“Would the security needs of the United States be better served if the C.I.A. were dismantled?”

That such a question is being asked and debated is great news, says Jacob Hornberger, president of the libertarian Future of Freedom Foundation:

“That is a remarkable development. When was the last time you read that question being asked by anyone in the mainstream press? Wouldn’t we ordinarily see the question posed in the following manner: ‘Is It Time to Reform the CIA?’ …

“Libertarians have long called for the abolition, not the reform, of the CIA… The fact that the Times even asks the question is a testament to the importance of hewing to libertarian principles rather settling for reform proposals. Over time, ideas on liberty percolate and find their way into the minds of others. And suddenly there are prominent people in mainstream American life asking, ‘Why not abolish the CIA?’”

Hornberger gives his own answer to the New York Times’ question.

“The existence of an agency like the CIA is totally contrary to the principles of a free society. … It’s not just the post-9/11 torture scandal. The CIA has been engaged in evil, immoral, dark-side activities since its inception, all guided by the mindset of ‘patriots’ who were protecting ‘national security’ from the communists and, later, from the drug dealers, the ‘terrorists,’ and anyone else who could be used to scare Americans into keeping quiet about the CIA’s steady acquisition of secret, omnipotent power.

“The CIA knowingly employed Nazis, including ones who had participated in the Holocaust, all the while keeping it secret from the American people.

“The CIA destroyed democratic regimes all the over the world and installed brutal and tyrannical dictatorships in their stead.

“The CIA initiated horrendous medical experiments on unsuspecting Americans in its MKULTRA program and then destroyed its records so that the American people would not discover the full details of what they had done. …

“The CIA initiated a formal program of assassination and, in fact, participated in the assassination or execution of people around the world…

“The CIA has engaged in assassination and torture since at least the 1950s… At the risk of belaboring the obvious, it continues to assassinate people in different parts of the world…

“From its inception, the CIA has meddled in the affairs of other countries and continues to do so. It is without a doubt the world’s biggest troublemaker, and it is the American people who are bearing the brunt of all the trouble.

“Where in the Constitution does it authorize an agency like the CIA? The fact is that the very existence of the CIA has converted the original concept of limited government into unlimited government. For as long as one part of the government has unlimited powers, that automatically means that the federal government has unlimited powers. …

“So, New York Times, the answer to your question is: Yes, most definitely, the time for abolishing the CIA is long past due. It’s a key to restoring a free, prosperous, and secure society to our land. Thanks for asking the question because it will almost certainly cause others to ponder it.”

They Said It… Alexander McCobin, Conan O’Brien And More!

in Liberator Online by James W. Harris Comments are off

(From the They Said It… section in Volume 19, No. 7 of the Liberator Online. Subscribe here!)

THE MOST LIBERTARIAN GENERATION EVER: 

Alexander McCobin

“Today’s youth is the most libertarian generation that has ever existed. Today’s youth have grown up socially tolerant, but at the same time skeptical of government intervention in the economy. And we’re fed up with excessive military intervention in foreign affairs by the U.S. government, not to mention we’ve seen the failed presidential administration of both a big-government Republican and a big-government Democrat.” — Alexander McCobin, founder of Students for Liberty, at the Libertarian Party of Texas state convention, April 12, 2014.

LIBERTARIANISM “ON THE RISE”: Libertarianism [is] on the rise. There is,Chris Cillizza without question, an expanding libertarian streak within the Republican party — particularly among younger voters. The ideas of limiting foreign entanglements, spending less time cracking down on marijuana use and being OK with same-sex marriage are all growing in terms of their mindshare within the GOP. Need evidence? Six in ten young Republicans — defined as between 18-30 years of age — are in favor of same-sex marriage in new Pew data.” — award-winning journalist Chris Cillizza, “It’s time to start taking Rand Paul seriously,” Washington Post blogs, March 17, 2014.

NY TIMES EDITOR — OBAMA VS. JOURNALISM:

Jill Abramson

“The Obama years are a benchmark for a new level of secrecy and control. …Collectively [the Obama administration's criminal leak investigations] have really, I think, put a chill on reporting about national security issues in Washington. Sources who want to come forward with important stories that they feel the public needs to know are just scared to death that they’re going to be prosecuted. Reporters fear that they will find themselves subpoenaed in this atmosphere.” — Jill Abramson, executive editor of The New York Times, interviewed at The Takeaway.org, April 10, 2014.

RAND PAUL GOES FOR THE PRIVACY VOTE: “[Young voters] have all got a Senator Rand Paulcell phone and they all think the government shouldn’t be looking at their cell phone or listening to their cell phone without a warrant. We get to the young people with privacy. It’s not a conservative or Republican issue. It’s an area where we can connect with people who haven’t been connecting. Obama won the youth vote 3 to 1 but he’s losing them now. Hillary Clinton’s as bad or worse on all of these issues. It’s a way we can transform and make the party bigger or even win again, but we’ve got to be as proud of the Fourth Amendment as we are the Second Amendment.” —Rand Paul at an NH GOP rally at the Cottage by the Bay in Dover, N.H, April 11, 2014.


CAPTAIN AMERICA MEETS CAPTAIN CHINA:

Conan O'Brien

“‘Captain America’ is currently the No. 1 movie in China. The Chinese say their favorite part is when Captain America asks Captain China for a $17 trillion loan.” — Conan O’Brien, April 9, 2014.

THANKS A LOT, OBAMA: “The White House just releasedJimmy FallonPresident Obama’s tax returns, which show that he and Michelle paid $98,000 dollars in taxes last year. When he saw that, even Obama said, ‘Thanks, Obama.’” — Jimmy Fallon, April 11, 2014.

RE-QUOTED AND NOTED

AYN RAND ON RACISM:

Ayn Rand

“Racism is the lowest, most crudely primitive form of collectivism. It is the notion of ascribing moral, social or political significance to a man’s genetic lineage — the notion that a man’s intellectual and characterological traits are produced and transmitted by his internal body chemistry. Which means, in practice, that a man is to be judged, not by his own character and actions, but by the characters and actions of a collective of ancestors.” — Ayn Rand, quoted by Sheldon Richman of the Future of Freedom Foundation in his article “In Praise of ‘Thick’ Libertarianism.” See Rand’s full quote here.

They Said It… With Ron Paul, Antonin Scalia And More

in Liberator Online by Advocates HQ Comments are off

TAXATION IS CONFISCATION: “The latest scandal in Jay LenoWashington, of course, is raising questions about the IRS. You know, I have a question. Why is it called the Internal Revenue Service? How is having your money confiscated a service?” — Jay Leno May 23, 2013

SOME GOOD FROM TAX SCANDAL: “A Democratic congressman said that he worries that the IRS scandal might have a chilling effect on the IRS and that they might be afraid to audit people. So finally some good is coming out of all of this.” — Jay Leno May 23, 2013

IRS’S VERY JOB IS TO VIOLATE LIBERTY:
Dr. Ron Paul“While it is important for Congress to investigate the most recent scandal and ensure all involved are held accountable, we cannot pretend that the problem is a few bad actors. The very purpose of the IRS is to transfer wealth from one group to another while violating our liberties in the process, thus the only way Congress can protect our freedoms is to repeal the income tax and shutter the doors of the IRS once and for all.” – Ron Paul, “The IRS’s Job Is To Violate Our Liberties,” Texas Straight Talk, May 20, 2013.

DON’T FUND AL-QAEDA: “We should not aid the allies of al-Qaeda in Syria, nor should we be giving weapons to radical extremists who might use them against Syria’s two million Christians.” — Senator Rand Paul (R-KY) arguing against arming Syrian rebel groups allied with Al-Qaeda. See ten-minute Senate video of Paul arguing this before the U.S. Senate Committee on Foreign Relations here.

CUT GOV’T, END POVERTY: “The Feds spend almost 4 trillion dollars and most people have no clue about what to cut? Well, I have a few ideas. Who needs a Commerce Department? Commerce… just happens. The Education department? Department of Energy? Labor? Cut those too! If we cut government to the limited government the founders had in mind, poverty would become something so rare our kids would have to learn about it in history books.” — libertarian journalist John Stossel, “The Fight Over ‘Austerity,’” May 30, 2013.

Justice Antonin Scalia

SUPREME COURT SAYS NEVER MIND THAT PESKY FOURTH AMENDMENT: “The Fourth Amendment forbids searching a person for evidence of a crime when there is no basis for believing the person is guilty of the crime or is in possession of incriminating evidence. That prohibition is categorical and without exception; it lies at the very heart of the Fourth Amendment. … Make no mistake about it: As an entirely predictable consequence of today’s decision, your DNA can be taken and entered into a national DNA database if you are ever arrested, rightly or wrongly, and for whatever reason. …I doubt that the proud men who wrote the charter of our liberties would have been so eager to open their mouths for royal inspection. ” – Justice Antonin Scalia in his dissenting opinion in Maryland v. King, June 3, 2013. The Supreme Court ruled 5-4 that police can collect DNA from people merely arrested, not convicted of a crime.

THE REAL PURPOSE OF GOV’T SCHOOLS: “The real purpose of public (i.e., government) schooling is to produce good little citizens who defer to the authority of the federal government. Through 12 years of regimentation within an army-lite structure, the minds of people are gradually molded from childhood to trustingly defer to the judgment of federal officials, especially when it comes to things like ‘national security.’” – Jacob G. Hornberger, President of the Future of Freedom Foundation, “An Example of Deference to Authority,” May 31, 2013.

JOBS, WHO NEEDS ‘EM: “President Obama gave the commencement address at Morehouse College over the weekend. Great speech, very inspiring. He told the young graduates their future is bright — unless, of course, they want jobs.” — Jay Leno May 21, 2013.