New Bill Authorizes Rendition of American Citizens Living within the United States to Other Countries for Torture

New Bill Authorizes Rendition of American Citizens Living On U.S. Soil to Other Countries for Torture

Top experts – including the sponsors of the bill – say that the newly-passed National Defense Authorization Act authorizes indefinite detention of Americans living within the United States.

Top legal experts point out that the government claims the right to assassinate American citizens on U.S. soil without any charges, trial or other constitutional protection.

I noted last month that Congress was considering repealing prohibitions against torture. (I wrote to attorneys at the ACLU, but haven’t received word yet on whether such a provision has been enacted).

However, Mother Jones notes today that Congress has explicitly authorized rendition, allowing American Citizens on U.S. soil to be sent to other countries which do torture:

A defense spending bill that passed both houses of Congress overwhelmingly and is set to be signed by President Barack Obama as early as this week could make it easier for the government to transfer American terrorist suspects to foreign regimes and security forces.

The National Defense Authorization Act (PDF) contains a section that says the president has the power to transfer suspected members and supporters of Al Qaeda, the Taliban, or “associated” groups “to the custody or control of the person’s country of origin, any other foreign country, or any other foreign entity.”

That means if the president determines you’re a member or supporter of Al Qaeda or “associated forces,” he could order you to be handed over to the Saudis, the Egyptians, the Yemenis (“any other foreign country”), any of their respective security forces, or even the United Nations (“any other foreign entity”). (You can read the relevant section of the law in the document viewer at the end of this article; look for the highlighted annotations.)

***

[Daphne Eviatar, a lawyer with Human Rights First] adds that there are “a whole lot of scenarios” where the government might want to transfer a suspected terrorist—even a US citizen—to foreign custody. For example, the administration might not want to go through the political mess of determining whether to send a suspect to Gitmo, try him in a military commission, or use the civilian system. The administration might also want to avoid the mandatory habeas corpus review that would come if the US held the suspect itself. In such a case, transferring the suspect to a foreign security force might present an appealing option.

***

You can read the detention and transfer provisions of the NDAA here

The Founding Fathers would not recognize this nation as America.

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  • http://blogdredd.blogspot.com/ Dredd

    The Founding Fathers would not recognize this nation as America

    Neither do millions of Americans at this very moment, and that number is growing larger by the hour.

    There is a great sickness in the land moving the nation toward evil fascism.

  • Howard T. Lewis III

    Since anyone with an I.Q. over 40 points can analyze the 9-11 evidence and see the terrorist attackers were Americans and Israelis, Obama is an accomplice by reciting the Bush(another accompllice and planner) mantra that muslims did it. The Secret Service is part of the molestation agency of the DHS, and FEMA and the DHS hold hands every day, the future of our homeland security and officials may be called into question because of FEMA’s omnipresent incompetence (they could not find, or ignored, the presence of radioactive isotopes onsite at ground-zero at the WTCs just after 9-11-2001, etc.) and the inability of the DHS or TSA to locate terrorists or even tell us the true identity of the 9-11 terrorists after 10 years. Millions of people know these terrorists’ identities but these government bondage freak murderers do not want to share, and what is left of the Secret Service is too cowed and morally bereft to respond or do their jobs. Oh, well.
    The Bush criminal cabal based DHS now has rank and appointment authority over the Secret Service, even after signing off on ‘fast and furious’ as a legitimate American Bush family-ATF (like the Oklahoma City bombing) enterprise. Congress was too busy mewling for contributions and comfort and prancing to react.

    Please read this and take heed, all friends of Dr. Ron Paul. Scum runs the government.

    • OldPoop

      Wow after being constantly called a nutjob for my beliefs, it’s fun to finally find someone I can call a nutjob.

      NUTJOB!

      Ha, that does feel good.

      • Jack Shephard

        HAHAhahahahahaha! I have been dethroned!

        This guy is an even bigger nutjob than Ron Paul is.

  • Denny

    1. Stop buying corporate whenever possible. Their most revered goal is the bottom line. Affect that and they will suddenly become more reasonable. Resist. 2. Get to know your neighbors better until trust is achieved. Resist. 3. Bring your family closer. Soon, for many of us, family will be the only thing we will be consistently able to rely upon. Global corporatists are actively trying to isolate us further. They’ve managed to deeply affect the extended family and now the nuclear family is in their sights. They firmly believe the more isolated an individual is, the more products they can sell. They also firmly believe that breaking up families makes human beings more vulnerable and easier to manipulate. They’re correct. Resist. 4. Address your psychology, i.e., the psychology of consumption. We are not ‘consumers’, but citizens entitled to the rights of human beings everywhere. More is not necessarily better. ‘Stuff’ does not provide happiness. If the elites with all their ‘stuff’ were happy then they wouldn’t be waging war on the rest of us. Resist. 5. Prepare to live with less, earn less and use less. To engage this is actually a blessing. It is an art form, a spiritual approach to being a soulful human being. It WILL make us stronger, less prone to the corruptions exemplified in the behavior of the elites and in the end – invincible. Resist. 6. We do not understand our own power. Look around you. Almost everything you see was not only made, but created by people like yourselves. Most of the horrors existing on earth were engendered by the elites, WITH OUR CO-OPERATION. Without our consent, most of the terrifying situations existing in our world will cease to exist. Resist. It certainly may be difficult initially, but it grows easier moment by moment. Think of your loved ones when thinking about changing your life. Let’s work to have a sane and healthy planet to pass on to our children. Remember – Resist! Resist! Resist! You are not alone!

  • Henry Bowman

    One word:

    OVERTHROW !!!

  • Goldberg

    Robert Wilton, a long time Russia correspondent for the London Times, said in his book The Last Days of the Romanovs
    “According to the data furnished by the Soviet press, out of 556 important functionaries of the Bolshevik State there were in 1918-1919: 17 Russians, 2 Ukrainians, 11 Armenians, 35 Lets, 15 Germans, 1 Hungarian, 10 Georgians, 2 Poles, 2 Finns, 1 Karaim, 457 Jews.
    As the decades past by—after the fateful year 1917—Judaized Khazars kept a firm hand on the helm of the government in the occupied land of Russia. In due time they built a bureaucracy to their heart’s desire.”
    The American Hebrew September 10, 1920:
    “The Bolshevist revolution in Russia was the work of Jewish brains, of Jewish dissatisfaction, of Jewish planning, whose goal is to create a new order in the world. What was performed in so excellent a way in Russia, thanks to Jewish brains, and because of Jewish dissatisfaction, and by Jewish planning, shall also, through the same Jewish mental and physical forces, become a reality all over the world.”
    We have exterminated the property owners in Russia. We are going to do the same thing in Europe and America.”
    (The Jew, December 1925, Zinobit)
    The world revolution which we will experience will be exclusively our affair and will rest in our hands. This revolution will tighten the Jewish domination over all other people.”
    – Le Peuple Juif, February 8, 1919.

  • http://templestream.blogspot.com/ Rick

    The Founding Fathers may perhaps be at this moment looking down in dismay at what the US has become.

    The ‘Other’ 2012 Christian US Voters Guide

    http://templestream.blogspot.com/2011/12/other-2012-christian-voters-guide.html

    • solo

      Yes they very well may be. However, what are we to become but what we have. We have been divided by secular beliefs, racially, political beliefs & other. Any who care to know more of the truth..who care to ” wake up ” can read this. http://www.iamthewitness.com/DarylBradfordSmith_Rothschild.htm
      I remember, as a child, since maybe thee age of 9 or 10 whenever I would hear the saying ” United we stand divided we fall ” I would say ( as I’d often played ” devil’s advocate ” as a youth ) always questioning authority and the way things were. I would respond with ” Divided we stand, united we WILL fall ” There is little hope unless we can learn to reach outside of our tiny peer groups, raise the bar & educate others. Even those of which we may not care for. Remember…ALWAYS it serves the powers that be that we REMAIN devided.

  • Kevin

    The United States used to be a nation of laws, not men. Obama has turned this fact, as he has many others, upsidedown. Now, the tyrannt Obama has the power to destroy your life, liberty, and property without due process. Has any assh— in Washington heard of the Constitution? They certainly haven’t read it. Obama is a walking violation of that Constitution and smiling Stalin impersonator. He must be tossed out of office in the next election or this country is doomed. Our children and grandchildren will live in a third world country until God decides he’s had enough of all of us and destroys us, sending the anti-Christ Obama to Hell forever.

  • http://telesio.wordpress.com jones

    This bill has so many problems. Language like this has no place in American jurisprudence.

    The Constitution says, “The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it.” It does not specify that only citizens are granted the privilege of the writ of habeas corpus. It is an “inalienable right.”

    Given that the colonists were largely ethnically British, it’s worth considering this clause in the context of British legal tradition — defined largely by custom (the British didn’t become “citizens” until the early 1980’s) — I think the argument that habeas corpus protections were only meant for US Citizens is specious.

    Giving the government the choice of legal venue to apply to detainees on a case by case basis is arbitrary government, not rule of law. Arbitrary government doesn’t mean random, but means assuming the power to apply the law on a case by case basis, rather than applying the law based on principles announced beforehand (which is called “rule of law”).

    “while every law restricts individual freedom to some extent by altering the means which people may use in the pursuit of their aims, under the Rule of Law the government is prevented from stultifying individual efforts by ad hoc action… If the law says that such a board or authority may do what it pleases, anything that board or authority does is legal — but its actions are certainly not subject to the Rule of Law. By giving the government unlimited powers, the most arbitrary rule can be made legal; and in this way a democracy may set up the most complete despotism imaginable….The Rule of Law thus implies limits to the scope of legislation: it restricts it to the kind of general rules known as formal law and excludes legislation either directly aimed at particular people or at enabling anybody to use the coercive power of the state for the purpose of such discrimination. It means, not that everything is regulated by law, but, on the contrary, that the coercive power of the state can be used only in cases defined in advance by the law and in such a way that it can be foreseen how it will be used.” (Friedrich Hayek, 1944)

    The value of [S.1867] amendment 1456 is highly questionable, as this amendment was added to appease opponents, while many supporters believe the government already has the power in question with respect to US citizens. That is why the provision that this law does not change existing authority was included.

    It won’t work to “throw the bums out.” This is a systemic problem. Voting behavior has a minimal impact on policy in large part because it is primarily a means of legitimating the power structure that both parties rely on for their influence.

    An alternative to 3rd party voting, which is often denigrated as “throwing your vote away” is to use voting as a means to coordinate the attitudes of the disaffected — that is, to use the existing electoral system for a purpose other than installing an individual in office. Such an alternate use of voting would be to vote for yourself as a write in candidate coupled with the advocacy of such a tactic.

    The purpose of such a voting tactic is manifold:

    1. Focuses on individual initiative rather than rely on some external organization for efficacy
    2. If enough people participate, will create a spectacle that the media can’t spin.
    3. Lets disaffected voters know how many others like them are out there — a pre-requisite for more organized behavior
    4. Vote for what you believe in rather than against what you fear
    5. Non-violent
    6. Inexpensive

    If a prospective participant is afraid of appealing mostly to disaffected democrats, and fears this might tip the election in the favor of a republican, focus your advocacy on non-votes. And keep in mind another way of interpreting how close our elections have become:

    In 2000, the Florida recount was triggered by statute because less than .5% of votes separated Bush from Gore. If you deny that the election was rigged, you must then accept that an election settled by less than the statistical margin of error by definition says nothing about voter preference. An election so close might as well be settled by chance.

    A statistically-significant degree of participation in such an action would be 5% of the popular vote, as this is what is required for federal election matching funds. This could be the youth vote. The purpose is to create a numerical “black hole” that the nation will have to examine, both in terms of voter preferences and with respect to the integrity of the voting system overall.

    Ultimately, there won’t be any political progress in this country until it comes to terms with what happened under Bush II.

    Unfortunately, Congress won’t investigate because they’d reveal their own complicity, the Judiciary is crooked right up to the Supreme Court that installed Bush in office, and the executive is more or less content to pursue the same neo-con policies.

  • Martin

    It is a sad day when habes corpus becomes a thing of the past. The exigencies of the moment should not overwhelm the fundamentals of common law. If these provisions become law in any way, we become no better in this matter than the vicious dictators we decry. Who has standing to bring this to the attention of the Supreme Court and will that crippled institution have the courage and wisdom to hear the call to its responsibility?

  • Dave

    Lincoln would be proud! Habeus Corpus has almost been abolished, again. That’s the the true sign of tyrants.

  • lol

    what determines if you’re “al queda” can he just use any definition he wants? If there is no trial, what prevents a dictator from going all Adolf on our a$$es.

  • Bonnie

    Hey! The U.S. / NATO is already working with Al-Quaida in Libya.

    What gives?!!

  • http://www.henrymakow.com Yeshua

    It’s all about individual and mass trauma.
    MK Ultra etc.

  • Roscoe

    It looks like the terrorists just won. We get to be a bananna republic.
    I’m incredulous that Mc Cain, given his POW experience, would sponsor something so hideous to the Bill of Rights..
    I expect terrorist connections to be “discovered” for pesky journalists, opposition politicians, etc.
    Waco was a test of what Americans would tolerate, we flunked. We just flunked the retest.
    The test question is “has the government declared war on it’s citizens ?”
    We’ve dealt with this problem before, it resulted in the magna carta and ultimatly the Bill of Rights.
    Apathy tends to result in blood, misery and tyranny.
    We tend to get the government we deserve.

  • Kevin Beck

    Every regime that has ruled this nation starting with Lincoln has been moving us steadily away from the Constitution. Just think if the Confederate States would have been able to form their own nation.

    Today, the alphabet-soup agencies of Washington would only infect the Northern half of the nation.

    The more fiscally-prudent states are in the South; they would not be forced to help bail out the disasters that have occurred in places like New York, Illinois, New Jersey (before 2010), Ohio and Michigan.

    Since the largest energy-producing states are in the South, we wouldn’t be impacted by the no-drill-here crowd that seems to congregate around the liberal hellholes. Freeze a Yankee, anyone?

    After the BP Gulf of Mexico well blowout last year, we would be drilling oil in the Gulf by now, with new exploration taking place, and the Obama regime not being able to say anything about it.

    Sounds like a good trade to me!

  • Lord Humungus

    I grow bored of this puny drama, now we race.

  • Gyver

    There has to be a common enemy for the elites to control the masses. The communists aren’t a serious threath, so Al-Qaeda was born.

  • http://washingtonblog.com Maynard Runkle

    Jones makes a valid argument that habeas corpus is an inalienable right, therefore, should not be limited to US citizens. The same is true of rendition, freedom from torture and loss of life while in detention. However, Obama, a former Constitutional Law professor choses to ignore this fact, even though his own paternal grandfather suffered from these injustices. Undoubtedly, he fears the TRUE masters of our government. Their retribution even struck Reagan to remind him of the real power brokers. The “terrorist” attacks of 9/11 were orchestrated so that they could get the rabble to go along with extra-legal (criminal) tactics. Watch them call for Bradley Manning’s death, water boarding, etc.. That’s why the truth about the assassinations and assassination attempts, the WTC ’93 and 2001, Oklahoma City bombing, etc. needs to be exposed.

  • Randall Hodge

    And so the “Great Experiment” dies with a whimper.

  • tony

    People there is only one solution which can be implimented by you, the people of this country to change the federal governmental contrals over your lives. You need a powerful origanization which you can influence. It is obvious that we the people cannot influence this current federal government. Its like trying to stop a runaway truck going downhill, with brakes designed for a car. It can’t be done, however, you can get the state government to oppose any law, rule, regulation, or policy that the federal government passes which violates the constitution. Tell them what you think , why you need their help to change the course of this country. Central government is out of control .The state governments are the only origanized force powerful enough to oppose the central government. MAke them your sword of justice and restore the great power of the constitution. and say no to any law which violates the constitution, So, if you want to redirect the destructive force , of the central governement , tell your state representatives, governors and state courts that you want your constutuional rights perserved against all agencies who try to violate your rights. Lets see how the federal government deals with all the states who say NO, NO MORE. This will not happen in my state.
    Now, lets say that YOUR STATE REFUSES to listen to your needs and respect the constitution, what answer does that send to you the citizen of this country? Think about it.
    Then you will finally have the answer, you will know exactly where you the people stand, hopefully it is not on quicksand, but on solid foundation supported by your state.
    Only one real way to find out. ask your state for help. Follow the example of Vermont and Some of the towns and cities in Maine. Read and become educated.. I am almost 70 and I tell all you young people out there, this country is yours, but you have to fight for it. Get your state to support your efforts, don’t be part of the PROBLEM, be the SOLUTION.

 

 

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