Tuesday, December 13, 2011

SB1867 ENDED THE U.S. CONSTITUTION...WHAT WILL HR1540 DO?

FIX THE DICTATOR CLAUSE!
BEFORE THE PRESIDENT DECIDES
THE "ENEMY" IS YOU
UPDATE: Legal experts and Constitutional attorneys agree - Bills HR 1540 & SB 1867 allow the President to declare anyone, including US Citizens, an enemy.
This is our LAST CHANCE TO SAVE LIBERTY. Congress is working right now to reconcile the two bills. Unless Congress fixes the "Dictator Clause" in SB 1867, the battle for America is LOST.

What does it take to be considered an enemy?


• In Syria, it was the man who dared question his government on Facebook. Police arrested and severely beaten
• In China, it was a Rock & Roll musician whose music was deemed a threat to the Communist Republic. He and a number of other Chinese artists were arrested as an example to others who might speak out.
• In Iran it was Ali Saremi, who questioned the Mullahs' bloody control over the regime. Ahmadinejad imprisoned Saremi's wife, daughters and sister even as Saremi's limp body swung from a hangman's noose.
• In Cuba, it was an old man who kept a skinny old cow to provide milk for the malnourished neighborhood children. Castro's men dragged him naked and screaming through the streets.

WHAT WILL IT TAKE IN AMERICA, WHERE DHS HAS ALREADY OFFICIALLY BRANDED VETERANS, PRO-LIFE PRAYER CHAIN PARTICIPANTS AND TEA PARTIERS AS "POTENTIAL TERRORISTS"

TELL CONGRESS NOW - NO DICTATOR POWERS TO IMPRISON AMERICANS!
Apparently the majority of Congress and a good number of Americans find a pretty lie preferable to the cold hard ugly truth. One after another, elected officials continue to claim that HR 1540 and SB 1867 will not affect American citizens. But the TRUTH is these bills erase Habeas Corpus, the Posse Comitatus Act and American Freedom as we know it. The bills literally give a President the power to deem any individual an enemy, even an American citizen and, strip that person of their rights - including the right to a fair trial - and imprison the individual indefinitely. Echoes of Castro & Stalin right here on American soil.
Unite In Action conferred with a number of legal scholars and here is what the experts had to say: Formally titled the "National Defense Authorization Act for Fiscal Year 2012 " S.B. 1867 include language that allows the President suspend Habeas Corpus and the Posse Comitatus Act, using the U.S. military to indefinitely detain United States citizens captured on US Soil.
S.B. 1867 Section 1032 states:

Paragraph (1) states: (1) IN GENERAL- Except as provided in paragraph (4), the Armed Forces of the United States shall hold a person described in paragraph (2) who is captured in the course of hostilities authorized by the Authorization for Use of Military Force (Public Law 107-40) in military custody pending disposition under the law of war.

(4) WAIVER FOR NATIONAL SECURITY- The Secretary of Defense may, in consultation with the Secretary of State and the Director of National Intelligence, waive the requirement of paragraph (1) if the Secretary submits to Congress a certification in writing that such a waiver is in the national security interests of the United States.
LEGAL ANALYSIS: Because section 1 references section 2 as part of its requirements, Section 4's nullification of Section 1 also nullifies the definitions laid forth in Section 2.
FAX CONGRESS NOW - TELL THEM WE WILL NOT ALLOW LIBERTY TO DIE ON OUR WATCH!

S.B. 1867 Section 1031 (2):
(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.

LEGAL ANALYSIS: The bill does not say "any al Qaeda operative who has committed a belligerent act." It does not define exactly what a "belligerent act" may be. It simply includes "any person who has committed a belligerent act." The word including is the key, because by definition "including" means in addition to the al Qaeda suspects, Taliban, etc.
This may be just a loophole; however it is a very dangerous loophole. Attorneys split hairs for a living, and if we imagine for one moment that some future administration attorney won't split hairs on this act, we are kidding ourselves. Oh wait, they already did...
Allow me to draw your attention to Pentagon Attorney Jeh Johnson's comments made Thursday, as reported by the AP:
"Johnson said only the executive branch, not the courts, is equipped to make military battlefield targeting decisions about who qualifies as an enemy."
So we have Administration lawyers declaring that the definition of enemy is solely left to the administration. And we have a Congress who, through SB 1867 & HR 1541, has designated America as a battlefield. What's next, the Gulag? WE HAVE GOT TO STOP THIS MONSTROSITY NOW!
IF WE ALLOW THE NATIONAL DEFENSE AUTHORIZATION ACT TO PASS
The House and Senate are working on reconciling a bill that if passed, will give the President the power to silence political enemies - even American citizens on American soil -- at will!
THERE HAS NEVER BEEN A MORE IMPORTANT TIME TO CONTACT CONGRESS
FAX CONGRESS NOW - TELL THEM WE WILL NOT ALLOW LIBERTY TO DIE ON OUR WATCH!
Every single Dictator in modern history who was given totalitarian power under the auspices of "security" used that power to eliminate dissent. Why on earth should we imagine that it won't happen HERE?
THIS IS THE SINGLE MOST DEADLY PIECE OF LEGISLATION IN MODERN HISTORY
Formally titled the "National Defense Authorization Act for Fiscal Year 2012 " H.R. 1540 and S.B. 1867 declares America to be "a battlefield" and will allow the Executive Branch of the federal government to eliminateOUR rights, deploy the military against American citizens on American soil, and imprison citizens indefinitely and without trial; all at the behest of a President who only needs to deem the individual in question as a "terrorist."
As if that weren't enough, today the Associated Press reported that Administration Attorney Jeh Johnson told the National Security Council "only the executive branch, not the courts, is equipped to make military battlefield targeting decisions about who qualifies as an enemy."
Got that? ONLY THE ADMINISTRATION GETS TO DECIDE WHO IS AN ENEMY.
If Congress does not change the language of S.B. 1867 and H.R. 1540 before the final reconciliation process, the Administration will be allowed to imprison those self proclaimed "enemies" for as long as they want, with no lawyer, no trial and no rights.
Think the enemy terrorist label will only be used against al-Queda operatives? Think again.
In addition to the legislation language that allows suspension of Habeas Corpus and Posse Comitatus for American citizens, we also have an Administration that has been quite busy defining terrorists.
Remember the DHS directive declaring that veterans, tea parties and people who pray in front of abortion clinics as potential terrorists?
Remember the FBI demanding that Sporting Goods stores report customers who buy multiple packs of waterproof matches and MRE/Meals Ready to Eat as potential terrorists?
Remember the Vice President of the United States just months ago calling YOU, me and the entire Tea Party Movement terrorists?
I do not wear a tinfoil hat, nor am I a conspiracy kook. I am however a student of history.
Do you think the Cubans, or the Venezuelans or the Russians did not at one time think the same thing - "it won't happen here?" Do you think we have some magical absolution from tyranny based upon our geographical location?ONLY the Constitution protects our freedom. Yet, Congress seems dead set on destroying our rights and our Constitution either through incompetence, ignorance or fear - none of which are justifiable excuses for extinguishing liberty.
Our Founding Fathers wrote the Declaration of Independence largely because the British suspended the colonist' right of Habeas Corpus.
The Posse Comitatus Act was written to prevent a fascist government from turning the U.S. military against its own citizens.
Yet the 112th Congress has apparently forgotten our history and now fails to recognize that they are empowering and enabling the very tyranny our Founding Fathers fought to escape.
FAX CONGRESS NOW - remind them that the pitchforks and the torches don't just come to Washington for Democrats. Tell them to rewrite this monstrosity of a bill to include Senator Rand Paul and Senator Udall's amendments which preserve Habeas Corpus and the Posse Comitatus for American citizens.

In Liberty,

Stephani Scruggs
President, Unite In Action, Inc.

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