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| McCain Proposes Indefinite Detention Without Trial for Citizens | | Print | |
| Written by Thomas R. Eddlem | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Sunday, 18 April 2010 18:30 | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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The bill, which has eight cosponsors, explicitly names U.S. citizens as among those who can be detained indefinitely without trial: An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent ... may be detained without criminal charges and without trial for the duration of hostilities against the United States or its coalition partners in which the individual has engaged, or which the individual has purposely and materially supported, consistent with the law of war and any authorization for the use of military force provided by Congress pertaining to such hostilities. [Emphasis added.] Note that the Bush administration once said that the so-called “war on terror” would last a generation or more, and the U.S. military has officially classified many former Guantanamo detainees, such as England's Tipton Three, as having “returned to the battlefield” for merely granting an interview for the movie The Road to Guantanamo. Another five innocent Uighur (Ethnic Turkish Muslims from China) detainees had been listed as having “returned to the battlefield” after their release because their lawyer had written an op-ed protesting their prolonged detention without trial after they had been mistakenly picked up by a greedy bounty hunter. Writing an opinion or speaking an opinion against the party in power in Washington can — and already has — made some people “enemy belligerents.” The Fifth Amendment to the U.S. Constitution requires that “No person shall ... be deprived of life, liberty, or property, without due process of law,” and the Sixth Amendment stipulates the due process of law that all are required to receive: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence. The requirement for a jury trial has no exceptions for military reasons, and doesn't even exempt foreigners. It simply employs the phrase “all criminal prosecutions,” words that unequivocally apply to the military and civilian justice systems, as well as to both citizens and foreigners. The Founding Fathers truly applied Christ's command to “Do to others whatever you would have them do to you,” but John McCain's new bill wouldn't even do to American citizens what we would assume were basic rights. There is no greater tyranny than indefinite imprisonment at the whim of an executive without legal recourse, and that is precisely what McCain and eight other senators would impose upon America. McCain defended his bill in a speech on the Senate floor March 4, stating: The legislation would authorize detention of enemy belligerents without criminal charges for the duration of the hostilities consistent with standards under the law of war which have been recognized by the Supreme Court. Importantly, if a decision is made to hold a criminal trial after the necessary intelligence information is obtained, the bill mandates trial by military commission where we are best able to protect U.S. national security interests, including sensitive classified sources and methods, as well as the place and the people involved in the trial itself. In other words, the right to trial by jury guaranteed by the U.S. Constitution would no longer be a right. The bill would mandate “military commissions” rather than a jury trial, if and when the President deems to hold a “trial.” Under McCain's legislation, trial by jury wouldn't just be a privilege that the President could withdraw at a whim, the President would be required to deny jury trials. The right to trial by jury would be denied entirely! Of course, any American could be held for decades without trial or even being charged with a crime under McCain's bill. Cosponsors of the bill include Democrat/independent Joseph Lieberman of Connecticut and Republicans Jim Inhofe of Oklahoma, Jeff Sessions of Alabama, Scott Brown of Massachusetts, Saxby Chambliss of Georgia, David Vitter of Louisiana, George LeMieux of Florida, and Roger Wicker of Mississippi. Those cosponsoring this outright attack on the Bill of Rights are those same Republican neo-conservatives who have dominated the GOP for the last decade or more. Conservative constitutionalists need to reassert control of the Republican Party and purge this cancer from the party and the U.S. Senate, if they wish to retain their freedoms. Photo of John McCain: AP Images Trackback(0)
Comments (41)
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rprew
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Disgusting... This guy was a war hero? For which side? It couldn't have been the United States. Way to go, Amnesty Juan. You ever hear of a seldom referenced document called the United States Constitution? |
Colleen
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What?? I'm shocked considering that John McCain was a POW for many years and knows exactly what it's like to have your freedom taken from you. I can't believe he would contemplate let alone propose legislation like this. |
Jeff
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... Doesn't suprise me at all, especially when you look at his record for support of murdering babies through Title 10 entitlements. Clearly a Manchurian candidate. Sadly, too many Christians lack discernment and support goons like this. |
Richard Robinson
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And 'conservatives' voted for him? This' way I can't wait for the Constitution Party to come to my state. |
Anti Liberal
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McCain is a member of the Council on Foreign Relations CFR members are true criminals against our Constitution. IMO, all members of CFR, Trilateral Commission, and Bilderbergs should be tried for treason, found guilty, and then hanged on the White House lawn. As an Arizona resident I will certainly be voting Juan out of office. |
EDS777
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Unconstitutional imprisonment Don't forget that Abraham Lincoln had both Northerners as well as Southerners arrested and imprisoned without benefit of a trial. He even deported Clement Vallandigham, a member of the House of Representatives from Ohio, to Canada without a trial. Lincoln was the most unconstitutional president this nation has ever had. |
Chris Bieber
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predictable...and typical.... warmongering megalomaniac(s)......... and new GOP ToiletPaperMovement(Bowel) poster boy "conservative" Scott Brown....great....the Mad Bomber has a new acolyte.. how "conservative"... |
Chris Bieber
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oh...and on THIS day.... NOT in Oklahoma City...or Waco..... but on the foggy green in Lexington MA... 70 brave farmers stood up to 300 British Soldiers......and the "shot heard 'round the world" led to our independence.....and more freedom then anywere else in history..... but alas....as my previous post points out/infers, Americans want the Glory of Empire....and without(or maybe WITH???) the bonds of servitude that go along/are the result of EMPIRE.... |
NATIONAL-SECURITY-4-US
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WHY CRIMINAL PROCEEDINGS SHOULD BEGIN PRONTO A statement like that amounts 2 TREASON + it shows how a person not born on American soil (MILITARY BASES OVERSEAS DON'T COUNT) is not a TRUE AMERICAN CITIZEN... If his father was still alive he more than likely kill him 4 committing -- MUTANY... JESUS kill this piece of s**t A.S.A.P. will you please... |
Robert W Moore
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... EDS777: regarding Lincoln ...agree entirely. That president acted capriciously and without regard for the Constitution. With henchmen such as Dick Cheney, David Axelrod and Rahm Dead-Fish Emanuel advising presidents, the practical implications of a law such as this are ominous indeed. |
Carla Kelly
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Good grief!!!! It's rather terrifying that this man ran for President. Imagine if he had won! |
William
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... Why should we be surprised? McCain co-lead the greatest assault in history on the First Amendment with the McCain/Finegold Campaign Finance Law. King Rino is just mad at the US for not letting him be President and eventually dictator. As for his years in Vietnamese prison: people talk about Obama being a Manchurian Candidate, but McCain probably really is. Eight years in their prison being worked over then going right into politics when he gets home? His history of craziness and supporting left-wing bills? Maverick indeed. |
Dandy Dale
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REPLY shocked McCain POW During the early 90's when the MIA issue was constantly in the news, It was none other than McLame who led the way to push the MIA's aside to normalize relations with Vietnam. 2500 Americans left on the battle field. The term War Hero doesn't seem to fit the man, now occupying the seat of Barry Goldwater. |
Cosmic Navel Lint
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... OK, John, you lost to Obama - we get it! It's old news. Now please give it a rest, you're beginning to come apart at the seams |
Carl
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Doesn't his proposal of this law constitute an explicit violation of his oath of office? And, if so, shouldn't he be removed from office by legal process? |
Michael
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McCain is desperate to win an election and stay in congress. McCain is desperate to win an election and stay in congress. This is wrong thinking and it should be opposed by every "RIGHT" thinking American. This is a dangerous and desperate bill. Say NO! and McCain must go! |
David V
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... It should be stressed that in a "war on terror" there is no enemy to be named or defeated. Any person, domestic or foreign, can be named an "enemy belligerent" by virtue of being judged to induce "terror" in anyone else. An emotion is therefore sufficient qualification for that person to be locked up and/or tortured indefinitely, without any judicial oversight or public awareness. |
Jewels5839
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MARBLES ROLLING DOWN THE STREET John McCain MUST be having a vietnam flash back of being held in captivity! THE MAN IS LOOSING HIS MARBLES and I want to know who these other senators are that stand with him. This is SERIOUS people! Hey Tea-baggers...give you a tip...you are all screaming about your freedoms being taken away by the government but can't point out a single specific freedom...HERE IS YOUR CHANCE TO FIGHT AGAINST A REAL FREEDOM THEY ARE ATTEMPTING TO TAKE AWAY. Here is your chance to gain some points AND FIGHT FOR SOMETHING "REAL". WHERE IS SARAH PALIN? She isn't going to comment on this? Really. Well she should "whether she LIKES IT OR NOT". This bill would AMMEND THE CONSTITUTION...FOR REAL. THIS is something REAL for you to grasp onto, not like the make believe stories your leader Sarah Palin is reading to ya "See Dick Run" is turning into "See John McCain RUN THE CONSTITUTION into the ground"! I hope this man is voted out this November. I really hope the people in his district get out and vote to get him outta there. I thank GOD everyday that he is not our President. |
Patriot
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... they can pass any law they want, but I'll be d**ned if they think they're going to hold me captive. I'll use every bullet i have defending my freedom, and you can bet they won't be taking me alive. |
Nate Jones
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... I am so glad that this man did not get into the White House. I question why this did not get onto the network tv. People should realize how dangerous this mans thoughts are. |
OathBreaker
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McCains Breach of Oath By introducing this legislation, isn't this violating his oath of office. It would if he was part of the dejure government. But he represents the defacto form, using terms from admiralty law puts you smack dab in the middle of the UCC, and you are chattel pledged and bonded. SS. |
TrueAmerican
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The thought of this bill terrorizes me Even the thought of this bill becoming statute terrorizes me and many others and is a threat from McCain and co-sponsors of using force to alter govt, therefore anti-constitutional senator McCain should be considered a suspected terrorist (or enemy belligerent) and should be arrested by US marshals, locked up, interrogated to find out who his co-conspirators are so we can get to the bottom of this threat to the lawful US govt. If it turns out he's just getting senile or going nuts, indefinite detention in a secure facility could work too. How do we impeach senators?? |
Tiredofliberals
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... Okay folks, take a look at Readiness Exercise 84! Dreamed up by the Reagan regime and endorsed by R.R. himself! This REX 84 and McCain new idea are proof that these SOBs' are trying to put in motion what Woodrow Wilson and Colonel House started almost 100 years ago! |
tom p
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Progressive Repubs and Dumbos This is what the progressive's want, to empower big government,and trash the constitution! McCain and Obummer are alike on a lot of issues,except Obummer is in the White house. He with the help of his minions in congress are hard at work socializing this once great country! They have burned the constitution and scattered the ashes in to the wind! This administration is out of control and the elected representatives of the legislative branch that are supposed to watch over the executive branch are instead helping them get the job done! VOTE THEM ALL INCUMBENTS OUT IN NOVEMBER, THEN FINISH IT IN 2012! |
Robo
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NVA When you're a prisoner of war and they're cramming a cattle prod up your cornhole you turn into a rat and a manchurian candidate. McCain's no hero. More like a traitor. |
Walter Brown
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Are you opposed to the Geneva Convention? I'm no fan of the current administration, and believe me John McCain is not trying to empower them. He's just trying to educate them about their responsibilities to interrogate enemy belligerents. The united states has long been operating under these rules as we are a signatory to the Geneva Convention. |
Will
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Arresting people with out cause or evidence It does not matter who you vote for. They pretend that we have a choice but they are all bought and paid for and sold out to the people who really run things. |
Jan
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... From the Declaration of Independence: That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Is it time? |
jjcomet
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... To Christina - Your knowledge of the Constitution is apparently every bit as pitiful as your knowledge of punctuation or ability to craft a coherent sentence. When I read comments as stupid as yours I know I'm on the right side of this issue. To Tom P - You're delusional. How many times did you rail against the Bush administration's trashing of the Constitution? Or do think it's OK for conservatives to lie us into war and spy illegally on American citizens. Can you even define "progressive?" I'm shocked you can spell it correctly... |
tom p
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reply to jjcomet jjcomet I am quiet surprised at your ability to read people's minds! Is it a gift that you have had since birth, or was it just something that you decided you have when you read others comments, and then ASSume that you knew what they have done, and who they are? I think the later is more the definition of you! By the tone of your diatribe you are not of the caliber to even give a good guess as to what I have done o,r am doing in my life! jj do you often enter into a discussion with your Ass upon your shoulders? Since you have ASSumed much about me I shall do the same for you, and assume that you are a self serving liberal "progressive", that thinks that they know more than anyone else as to how to run everything, and more over how to tell everyone just how you want it done! Further more, you must be a complete Idiot when it comes to intelligent discussion, as you have proven here with this unbelievably Stupid comment! I am not surprised at your lack of civility, manners, and respect for others opinions as is with most liberal"progressives" you ASSume that you are right,(without any reason to do so) and then ASSume the discussion is over from that point on! I think you can see no further than your colon with your head so far up your rectum. Just maybe one day when you grow up you will see how much of an ASS that you have been and will seek the help that you so desperately need to correct that immense ego problem that you have! You have proven by your comment that you Sir/ Madam are a Moron in good standing! |
Eileen
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We need the Constitution Party! If you are in Arizona, and are sick of the support most of Arizona's elected Republican officials are giving to McCain, please check out the Constitution Party of Arizona's website, www.azconstitutionparty.com, find out the contact information for your CP County Chairman, and get involved. Also, please join our "Constitution Party of Arizona" facebook fan page. |
King
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McCaine has lost this FUC|(ing mind Trying to count the ways this is wrong would be fool hardy ( There are just too many.) John McCaines bill is such a gross violation of the Constitution that even its proposal is Treasonous toward the Constitution. McCain should be recalled to Arizona and dismissed from service. His time has clearly come. |
Obamunism
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He'sJust Following Obama's Lead Rachel Maddow: Indefinite detention? Shame on you... President Obama http://www.youtube.com/watch?v=1uuWVHT1WUY |
coach handbags
said:
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www.coach-handbags-outlet.com You walk on the road, a bitch plunged you to nip a meat from yours foot, swallowed down rapidly, you coach handbags outlet extended the foot was just about to kicks its time, the dog hold the tear saying:You hit, in my stomach already had your flesh and blood in any case! |
John Doe
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This s*** scares me I'm a third generation American. Grandfather was a US soldier during World War 2. My father was in the US Marine during Vietnam. On top of all this we're Muslim. Man, this bill scares the living daylight out of me. So, for my forefather sacrificing their lives in the past wars I, in turn gonna be shafted. This really sucks man. And this guy is going strip my liberty away because of some guys that they financed in the 70's and 80's and all of a sudden they turn there back on them. That's just great. This really sucks and the world is becoming clearly a dangerous place day by day. |
Eric Ray
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declaration of Independence I'm speechless. This bill is worse than anything King George III came up with against the colonists. What happened to the Bill of Rights? Is the federal government completely getting rid of of the Bill of Rights? I believe the declaration of Independence tells us exactly what to do when the government does these things. "That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, — That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government," |





Senator John McCain (R-Ariz.) has introduced a 
Lincoln was the most unconstitutional president this nation has ever had.

