On Dec. 31, 2011, Mr. Obama signed the National Defense Authorization Act for FY2012.
It takes effect on Feb. 29, 2012, 60 days after its signing.
This NDAA for FY2012 contravenes the U.S. Constitution in Amendments IV, V, VI, VII, and VIII;
it effectively amends the Constitution without the required ratification by 38 states;
it suspends posse comitatus, sine die, or does away with it altogether, creating a military police state;
it authorizes the military to use armed force against U.S. civilians and legal residents; and
it authorizes the military to arrest civilians, U.S. citizens and legal residents, as terrorist suspects, and to detain said civilians indefinitely in military custody, in secret, without a warrant, without charges, without a trial, without counsel except as provided by the prosecution (the military), and without due process or habeas corpus or other rights guaranteed by the Constitution.
Subject: NDAA FY2012 on Mr. Obama's desk gives him standing authorization for martial law
From: "Senator@DeMint.senate.gov" <Senator@DeMint.senate.gov>
Sent: Tuesday, December 20, 2011 1:36 PM
Thank you for contacting me with your concerns about the National Defense Authorization Act (NDAA) for fiscal year (FY) 2012. I appreciate hearing from you on this very important issue.
One of the most important functions of the federal government is to provide for the common defense of the United States. To do this, Congress must authorize funding for the Department of Defense each fiscal year. The Senate version of the bill, S. 1867, was passed on December 1, 2011, and entered conference negotiations to resolve the differences between the House and Senate bills. The final version of the defense authorization was passed on December 15, 2011. I voted against final passage of this bill. *
Like you, I had concerns about detainee language, wasteful spending, and other issues in the legislation. I voted for an amendment [which failed twice] by Senator Diane Feinstein of California, intended to preserve protections for citizens on American soil. Despite some improvements made, I do not believe the bill has sufficiently achieved those needed protections. The NDAA also contains more than $200 million in unrequested funding for the purpose of continuing earmarks.
Rest assured that I believe the funding and safety of our troops is of the highest priority, and I will continue working to support the efforts of our service-members and their families. I will also continue to fight for the protection of American civil liberties and against policies that do not afford citizens their constitutionally guaranteed rights. . ."
* Sen. DeMint voted for the bill before he voted against it, until he recognized that S.1867 authorizes indefinite detention in military custody of U.S. citizens on U.S. soil, without charges and without trial, suspending habeas corpus and due process, upon a mere claim of suspicion of association with terrorists linked to al Qaeda.
[The] following is what Senator John Cornyn (R-TX) said about this bill, in response to an e-mail [my friend] sent him:
Subject: Re: NDAA FY2012 on Mr. Obama's desk gives him standing authorization for martial law
Date: Thursday, December 29, 2011, 2:03 AM
I do not believe terrorists should be brought to the United States and granted the same rights and privileges as American criminal defendants. Terrorists should be kept at Guantanamo Bay and prosecuted through the military commissions established by Congress under the terms circumscribed by the United States Supreme Court. Trying to hold civilian trials in the United States for terrorists does nothing more than place Americans at risk, while providing terrorists with a platform from which to spew their hate-filled ideology and recruit like-minded fanatics around the world to join them in jihad. We must not forget that we are a nation at war against ruthless killers who wear no uniforms and deliberately target innocent civilians. Treating their war crimes as ordinary criminal acts and trying these killers in a civilian court under the U.S. Constitution would simply be reverting to a dangerous, pre-9/11 mentality.
As you may know, Congress passed the Military Commissions Acts of 2006 and 2009, making a powerful statement that U.S. civilian courts are not the appropriate venue to bring terrorists to justice. The military commissions were specifically designed to prevent damaging disclosures and to protect classified information, as well as sensitive sources and methods. We know that these military commissions have a long history in our Republic—dating back from the Revolutionary War and the Civil War, to World War II. They are the most appropriate forum for terrorists to be tried for their crimes. Furthermore, in its 2004 opinion Hamdi v. Rumsfeld, the Supreme Court recognized that, in accordance with longstanding principles under the law of war, an individual determined to be an enemy combatant, including a U.S. citizen, can be detained by the Executive Branch until the end of the military campaign against al Qaeda and affiliated terrorist groups.
Therefore, I supported [unsuccessful] amendments to the Senate version of the National Defense Authorization Act for Fiscal Year 2012 (FY 2012 NDAA; S. 1867) regarding terrorist detention practices. It is important to note that these provisions do not extend any new legal authorities to detain U.S. citizens, rather they clarify existing authorities as utilized by the President and recognized by the Supreme Court. Section [1031] of the final version of the FY 2012 NDAA (H.R. 1540) would reaffirm the President’s indefinite detention authority under the 2001 Authorization for Use of Military Force (P.L. 107—40). Additionally, Section [1032] would require military detention for a certain subset of unprivileged enemy belligerents—members of al Qaeda and affiliated entities—pending their disposition under the law of war. By its own terms, Section [1032] explicitly exempts U.S. citizens from the requirement for military detention. These provisions were originally included in the FY 2012 NDAA that was unanimously reported out of the Senate Armed Services Committee (SASC), and they remain in the final version of the FY12 NDAA that was passed by the House of Representatives and the Senate. H.R. 1540 has now been transmitted to the President to be signed into law.
[The] following is what [my friend's 11th] district rep, Mike Conaway (R-TX), said about the NDAA for FY2012:
"While this bill is central to a functioning national security, there was a misunderstanding regarding the detainee provisions. This provision does not address or extend new authority to detain U.S. Citizens. What it does do is affirm that the military may lawfully detain individuals who are engaged in armed conflict with the United States, as stated by the Authorization of the Use of Military Force. The bill adds explicit protections for American citizens as well as a prohibition against the President waiving such protections."
[Each of the above fuchsia-colored statements is false or inaccurate:
either intentionally misleading disinformation, or more likely, unknowingly mistaken misinformation.]
The biggest difference between the 2001 Authorization for Use of Military Force (P.L. 107—40) and the NDAA for FY2012 (H.R. 1540 / S. 1867) is the political environment. In 2001, a terrorist was widely understood to be either an Is|amist terrorist or another such enemy of the U.S. with similar motives, objectives, and m.o.. Today, the term "terrorist" is variously interpreted by federal agencies to mean a small child or a grandmother in a wheel chair waiting in line to board a plane, a combat veteran returning home from Iraq or Afghanistan, "bible-thumpers, gun-clingers, home-schoolers, abortion clinic protesters, apocalyptic or 'rapture-ready' Christians, off-grid survivalists, income tax-objectors, Alex Jones-quoting New World Order cranks, and persons 'overly fixated upon the Constitution and the rule of law.'" You know, the profile that used to depict "Christians of morally and ethically upright character" and "upstanding, law-abiding citizens."