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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.

Don’t be surprised when Garland is used as an excuse to renew the Patriot Act

in Foreign Policy, Liberator Online, National Defense, News You Can Use, Personal Liberty, Property Rights by Jackson Jones Comments are off

Supporters of the NSA’s domestic spying programs say that a vast data collection effort is needed more than ever to prevent terrorist attacks in the United States, but they are unable to point to any specific example of foiled terrorist plots through these unconstitutional, privacy-violating programs.

In June 2013, Gen. Keith Alexander, then the Director of the NSA, claimed that the spying programs prevented “potential terrorist events over 50 times since 9/11.” Testifying before a Senate committee in October of the same year, Alexander backtracked after Sen. Patrick Leahy (D-Vt.) grilled him for misleading the American public.


“There is no evidence that [bulk] phone records collection helped to thwart dozens or even several terrorist plots,” said Leahy. “These weren’t all plots and they weren’t all foiled. Would you agree with that, yes or no?” he asked the NSA chief.

Alexander, realizing he had been put on the spot for peddling misinformation, simply replied, “Yes.”

Of course Alexander was more honest than his colleague, Director of National Intelligence James Clapper, who lied about the NSA domestic surveillance program in a March 2013 Senate hearing. He was accused of perjury, although the allegation went nowhere in a Congress filled with pro-surveillance members.

Two government panels – President’s Review Group on Intelligence and Communications Technologies and the Privacy and Civil Liberties Oversight Board – have since determined that NSA’s domestic spying programs have not played a role in thwarting terrorist attacks.

The attack on Sunday evening in Garland, Texas at the “Draw Muhammad” event hosted by an anti-Islam organization will undoubtedly be used as a reason to reauthorize a soon-to-expire provision, Section 215, of the USA PATRIOT Act by which the federal government claims the vast authority to spy on Americans.

But such claims should be met with a large dose of skepticism. One of the suspects involved in the attack had already come across the FBI’s radar. The United States’ top law enforcement agency began investigating him in 2006 on the suspicion that he wanted to join a terrorist group in Somalia.

The alleged attacker lied to federal authorities. He was convicted in 2010 of making false statements and sentenced to three years of probation. He was, however, able to avoid being placed on the “no-fly” list.

The alleged attackers in Garland are precisely are the needle for which the federal government claims that it needs the haystack, and intelligence and law enforcement officials failed to prevent what could have been a mass murder.

The NSA’s resources are spread too thin. Collecting the phone calls of virtually every American – the proverbial “haystack” – even if the people on the call are not suspected of any terrorist involvement, not only betrays the constitutionally protected rights defined by the Fourth Amendment, but also makes Americans less safe because intelligence agencies may not be able to connect the dots efficiently and effectively.

Rather than using the Garland attack as tool to further reauthorization of Section 215, which expires on June 1, lawmakers should seriously reexamine the approach to intelligence, requiring agencies like the NSA to focus on actual terrorism suspects as opposed to innocent Americans calling their families and friends.

Polls Show Growing Support for Non-Interventionist Foreign Policy

in Communicating Liberty, Foreign Policy, Liberator Online, National Defense by James W. Harris Comments are off

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

David Boaz of the Cato Institute points out at the Huffington Post that support for a non-David Boazinterventionist, or at least far less interventionist, foreign policy is growing rapidly in America.

Refuting pundits who charge that such ideas have little popular support, Boaz cites some recent major polls.

“Perhaps most broadly,” writes Boaz, “a massive Pew Research Center survey in December 2013 found that 52% of respondents said the United States ‘should mind its own business internationally and let other countries get along the best they can on their own.’ That was the most lopsided balance in favor of the U.S. ‘minding its own business’ in the nearly 50-year history of the measure.”

Boaz also cites a CBS News/New York Times poll  from June 2014 showing that fully 75% of Americans believe the result of the war in Iraq was not worth the loss of American lives and other costs of the invasion. Only 18% thought it worthwhile. The percentages were about the same whether those surveyed were Republicans, Democrats and independents. It’s hard to imagine a more thorough repudiation.

A YouGov poll in March found, Boaz writes, that “the American public has little appetite for any involvement in Ukraine… Only 18% say that the U.S. has any responsibility to protect Ukraine.” Boaz further notes that “Republicans were barely more supportive: 28 percent yes, 46 percent no.”

In April, a Wall Street Journal/NBC News poll found strong and deep support for less intervention, and almost no desire for further involvement in the internal affairs of foreign nations.

The Wall Street Journal summarized its poll’s findings: “Americans in large numbers want the U.S. to reduce its role in world affairs… In a marked change from past decades, nearly half of those surveyed want the U.S. to be less active on the global stage, with fewer than one-fifth calling for more active engagement — an anti-interventionist current that sweeps across party lines. …

“The poll findings, combined with the results of prior Journal/NBC surveys this year, portray a public weary of foreign entanglements and disenchanted with a U.S. economic system that many believe is stacked against them. The 47% of respondents who called for a less-active role in world affairs marked a larger share than in similar polling in 2001, 1997 and 1995.

Concludes Boaz:

“Americans, including Republicans, are getting tired of policing the world with endless wars. Support for the Iraq war is almost as low as approval of Congress. Interventionist sentiment ticked up in the summer of 2014 as Americans saw ISIS beheading journalists and aid workers on video. But even then most voters wanted air strikes, not more troops.

“Here’s a prediction: 13 months from now, when the voters of Iowa and New Hampshire begin voting for presidential candidates, Americans will be even more weary of nearly 15 years of war, and U.S. intervention will be even less popular than it is now.”

Boaz notes that only one potential major party presidential candidate thus far has rejected interventionism in favor of a far less interventionist policy: libertarian-leaning Republican Rand Paul (R-KY).

VIDEO: Fire Sale on U.S. Military Tanks — Get One for Your Town Today!

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

(From the Intellectual Ammunition section in Volume 19, No. 14 of the Liberator Online. Subscribe here!)

Millions of Americans were shocked to see protestors in Ferguson, Missouri met with a militarized police force decked out in Kevlar vests, helmets, and camouflage, armed with pistols, shotguns, automatic rifles, and tear gas, and riding in armored military vehicles.

Though the weapons came from a variety of sources, such scenes brought public attention to the Pentagon’s 1033 program, which supplies military-grade equipment to local police departments, often for free.

Now the crack investigative journalists at Reason TV have unearthed a Pentagon commercial advertising the program to law enforcement. (Or so Reason TV says…)

Watch “Pentagon Has ‘Everything Must Go’ Sale.” Laugh, cringe… and laugh again. Then share with friends!

Approximately 1:37 in length. Performed by Will Neff. Written and produced by Neff and Paul Detrick.

Read the next article from this issue here.

Go back to the full issue here.

VIDEO: Remy’s Tips for Improving the TSA

in Liberator Online, National Defense by James W. Harris Comments are off

The Transportation Molestation Administration — oops, we mean the Transportation Security Administration (TSA) — recently announced they were seeking suggestions from their victims — oops, we mean the public — for how to improve airport security lines. They even offered $15,000 in prizes for the best tips.

And that inspired the great liberty-minded comedian Remy to offer his suggestions — in the form of a song, no less.

Check out the video and see what Remy came up with. Let’s hope he wins!

Share with friends. Thanks once again to ReasonTV for a great video! Approximately 1:45 minutes.

Word Choice: Blowback — Foreign and Domestic

in Communicating Liberty, Foreign Policy, Liberator Online, National Defense, War by Sharon Harris Comments are off

(From the One-Minute Liberty Tip section in Volume 19, No. 4 of the Liberator Online. Subscribe here!)

“Blowback” is a term that originated in the CIA in 1954. It originally referred to the unintended consequences of a covert foreign operation — consequences that are often suffered by the civilians of the nation whose government instigated the covert operation. This “blowback” may take the form of riots, demonstrations, hostage-taking, terrorist attacks, and similar hostile actions. The civilians on the receiving end of the blowback don’t realize that it was their own government’s secret activities that caused the anger and violence being directed against them.

Blowback is a term heard more and more when discussing foreign policy. And its definition is often expanded to include overt as well as covert foreign interventions that have negative consequences.

Ron Paul helped popularize the concept of blowback, as well as the word itself, during his GOP presidential campaign runs. For example, in the 2008 Republican presidential primary debates in South Carolina, he introduced it this way:

“I believe very sincerely that the CIA is correct when they teach and talk about ‘blowback.’ When we went into Iran in 1953 and installed the shah, yes, there was blowback. A reaction to that was the taking of our hostages, and that persists. And if we ignore [blowback], we ignore that at our own risk. If we think that we can do what we want around the world and not incite hatred, then we have a problem. They don’t come here to attack us because we’re rich and we’re free. They come and they attack us because we’re over there. I mean, what would we think… if other foreign countries were doing that to us?”

Scholar Chalmers Johnson also popularized the term in an influential trilogy of books: Blowback: The Costs and Consequences of American Empire (2000); The Sorrows of Empire: Militarism, Secrecy, and the End of the Republic (2005); and Nemesis: The Last Days of the American Republic (2006).

Johnson defines the term and tells about the operation that led the CIA to use it:

“’Blowback’ is a CIA term first used in March 1954 in a recently declassified report on the 1953 operation to overthrow the government of Mohammed Mossadegh in Iran. It is a metaphor for the unintended consequences of the U.S. government’s international activities that have been kept secret from the American people. The CIA’s fears that there might ultimately be some blowback from its egregious interference in the affairs of Iran were well founded. Installing the Shah in power brought twenty-five years of tyranny and repression to the Iranian people and elicited the Ayatollah Khomeini’s revolution. The staff of the American embassy in Teheran was held hostage for more than a year. This misguided ‘covert operation’ of the U.S. government helped convince many capable people throughout the Islamic world that the United States was an implacable enemy.”

Blowback is a useful word in describing the unintended, but often terrible,  consequences of foreign intervention.

But it is a very useful term for discussing domestic policy as well.

Just like foreign intervention, domestic government intervention has many unintended negative consequences. As the word “blowback” becomes a familiar, popular, colorful pejorative in foreign policy discussions, it is also beginning to be used to describe the unintended destructive consequences of domestic government activities.

Libertarians — who are very aware of the negative unintended consequences of government domestic policy — can use the word blowback to add power and color to our discussions of domestic issues.

Some examples:

“An increase in the minimum wage would lead to blowback in the form of the loss of hundreds of thousands of desperately needed entry level jobs. This blowback would hit the most vulnerable people in our economy: the low-paid, the unemployed, the under-educated, minorities, and the young.”

“Blowback from the War on Drugs includes crowded prisons and wasted law enforcement resources, overdoses from impure street drugs, the spread of AIDS and Hepatitis B and C from shared needles, drugs peddled to children, loss of fundamental Bill of Rights civil liberties, the enriching of violent criminal gangs, the funding of terrorism, drive-by shootings by warring drug gangs… and more.”

“The blowback from government welfare programs includes the break-up of families, multi-generational poverty, dependence on government, and a weakening of the vital role that voluntarily-funded charities play in our society.”

There are innumerable further possibilities.

Blowback is a powerful, provocative word that quickly and colorfully conveys a vital concept. Many people realize its significance in the foreign policy realm. Their ears will perk up, and they may reach new understanding, when you apply it to domestic policy as well.