Huffington Post – by Michael McAuliff
WASHINGTON — The U.S. House of Representatives voted again Thursday to allow the indefinite military detention of Americans, blocking an amendment that would have barred the possibility.
Congress wrote that authority into law in the National Defense Authorization Act two years ago, prompting outrage from civil libertarians on the left and right. President Barack Obama signed the measure, but insisted his administration would never use it.
Supporters of detention argue that the nation needs to be able to arrest and jail suspected terrorists without trial, including Americans on U.S. soil, for as long as there is a war on terror. Their argument won, and the measure was defeated by a vote of 200 to 226.
But opponents, among them the Rep. Adam Smith (D-Wash.), who offered the amendment to end that authority, argued that such detention is a stain on the Constitution that unnecessarily militarizes U.S. law enforcement.
“It is a dangerous step toward executive and military power to allow things like indefinite detention under military control within the U.S.,” Smith said. “That’s the heart and essence of this issue.”
Smith’s amendment, which also had Republican sponsors including Reps. Chris Gibson (N.Y.) and Justin Amash (Mich.), would guarantee that anyone arrested in the United States gets a trial.
Republican opponents argued that such a move would just invite terrorists to come to the United States, citing the recent Boston bombings and the consulate attacks in Benghazi, Libya, as evidence that terrorists were determined to harm the U.S. They said that applying the Constitution on U.S. soil amounted to a free pass to people bent on trying to destroy the country.
Rep. Tom Cotton (R-Ark.), compared ending indefinite detention to giving someone a free pass in a game of hide-and-seek.
“There was a phrase in that game called ‘olly olly oxen free’ — meant you could come out, you were safe, you no longer had to hide,” Cotton argued. “This amendment is the olly olly oxen free amendment of the war on terrorism. It invites Al Qaeda and associated forces to send terrorists to the Untied States and recruit terrorists on U.S. soil.”
Smith was not impressed by the argument, noting that more than 400 terrorists have been captured, tried and convicted in the United States.
“No one who we have captured in the U.S. as a terrorist have we failed to convict,” said Smith, noting the 2009 arrest and prosecution of Umar Farouk Abdulmutallab, the “underwear bomber.” “Let’s trust the Constitution. The Constitution doesn’t threaten us. The Constitution protects us.”
Republican Judiciary Committee Chairman Bob Goodlatte (Va.) offered a substitute amendment that barely passed — 214 to 211 — to affirm the habeus corpus rights of U.S. suspects to be presented to a judge, but Smith and others said it did little. Indeed, the Supreme Court has upheld the rights of all terrorism suspects to be presented to a judge, and passing a measure that would limit habeus to Americans would actually limit the right, said Rep. Jerry Nadler (D-N.Y.).
“The notion that the United States should conduct itself according to the Constitution and the law of war should not be controversial,” said Nadler.
Another measure that passed on a voice vote was a requirement that the administration report to Congress if Americans do get held by the military. But Smith said neither of those measures did much.
“The fundamental question is, do you believe that the president should have the power to indefinitely detain people who are captured in the U.S. without normal due proess of law?” Smith said. “The rest of this just sort of moves it around on the edges but very clearly leaves that power with the president — a power that I don’t think he should have.”
Michael McAuliff covers Congress and politics for The Huffington Post. Talk to himon Facebook.
http://www.huffingtonpost.com/2013/06/13/indefinite-detention-americans_n_3437923.html
…I just informed the traitor… Rep. Cotton of Ark….. of my belief in the need to have he and his family convicted of treason and hung….if they come after me…just wanted everyone to know….these pigs….corrupt…effn’ pigs…. impeach them…convict them….and hang them…and their convicted family…no generational treason….convict Cotton and his family of corruption and treason…..the hang all of them together in one fell swoop…kids…the wife…aunts…uncles…anyone who has benefitted from his corruption and treason…hang them all…
Regards,
RJ O’Guillory
Author-
Webster Groves-The Life of an Insane Family
Boy if I saw Tom Cotton right now, I’d deck the bastard 100 feet clear across the street. “Olly olly oxen free?” Are you kidding me? Did you ever grow-up?
Boy, it’s true. We really do have children in Congress.
This young, little MOTHERF**KER either looks like a young cop who decided to join the political realm and has no brains other than to beat the shit out of people for fun
OR
this bastard was an ivy league graduate who’s secret fraternity corruptly gave him the position that he is in and knows exactly what he is doing and ought to be tried for treason.
Either way, this bastard needs major prison time for being a terrorist to our country and if he likes indefinite detention, then he’ll love being in it.
We the people have a nice little cell waiting for ya, you little Cottonball piece of shit!
To the rest of the prisoners who are in prison with him, We the people will just say, ” Do what you want with him. OLLY OLLY OXEN FREE!”
treason! no other words define it!!
they are all perjuring their oaths of office, perjury is a felony!
“All laws which are repugnant to the Constitution are null and void.” (Marbury vs.Madison, 1803.)
“Every law consistent with the Constitution will have been made in pursuance of the powers granted by it. Every usurpation or law repugnant to it cannot have been made in pursuance of its powers. The latter will be nugatory and void.” (Thomas Jefferson, Elliot, p. 4:187-88.)
the laws of Congress are restricted to a certain sphere, and when they depart from this sphere, they are no longer supreme or binding. In the same manner the states have certain independent power, in which their laws are supreme.” (Alexander Hamilton, Elliot, 2:362.)
This Constitution, as to the powers therein granted, is constantly to be the supreme law of the land.… It is not the supreme law in the exercise of a power not granted.” (William Davie, Pennsylvania, p. 277.)
It will not, I presume, have escaped observation that it expressly confines the supremacy to laws made pursuant to the Constitution” (Alexander Hamilton, concerning the supremacy clause The Federalist Papers, #33.
There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid.” (Alexander Hamilton, The Federalist Papers, #78.
Clearly, a federal law which is contrary to the Constitution is no law at all; it is null, void, invalid. And a Supreme Court decision, which is not a ‘law,’ has no ‘supremacy’—even if it is faithfully interpreting the Constitution. So it is the height of absurdity to claim that a Supreme Court decision that manifestly violates the Constitution is the ‘supreme law of the land.’” (William Jasper)
Shall we be such fools as to be governed by its laws, which are unconstitutional? No!…The Constitution acknowledges that the people have all power not reserved to itself. I am a lawyer; I am a big lawyer and comprehend heaven, earth and hell, to bring forth knowledge that shall cover up all lawyers, doctors and other big bodies.” (Joseph Smith, Latter-day Prophets and the United States Constitution)
All laws that are proper and correct, and all obligations entered into which are not violative of the constitution should be kept inviolate. But if they are violative of the constitution, then the compact between the rulers and the ruled is broken and the obligation ceases to be binding.” (John Taylor,
When has any terrorist ever been set free because of the constitution?
The only terrorists that I have ever heard of being set free, were the Israeli terrorists on 911, who the government set free and provided with first class tickets to go home.
One thing’s for certain. After the SHTF, and these traitors are all under lock & key, they sure as hell won’t have to worry about any indefinite detentions.
I’d venture to guess they’ll be swinging in less than 48 hrs. after their trials.
btw – NO APPEALS!
The NDAA “law” applies to everyone. Hope I get to hold hands in a FEMA camp cell with a congressman, or, better yet, a Supreme Court Justice. You didn’t stand up when you could. To be in a cell with me will be your “justice” No one is immune. If you disagree, better think, again.