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Federal Government Not Willing To Rethink NDAA

September 19, 2012 by  

Federal Government Not Willing To Rethink NDAA

Many civil liberties activists felt that a small victory had been achieved when Federal Judge Katherine Forrest temporarily suspended the National Defense Authorization Act’s indefinite detention provision in response to a lawsuit brought forth by renowned American journalists and intellectuals earlier this year. But this week, an appeals judge reinstated the provision at request of the Administration of Barack Obama.

Forrest ruled last week that the indefinite detention provision of NDAA could implicate American journalists for providing “material support” to entities that the Federal government defines as terrorists for simply covering issues surrounding the groups. This, the judge argued, posed threats to Constitutional free speech and freedom of the press.

“First Amendment rights are guaranteed by the Constitution and cannot be legislated away,” Forrest wrote in her opinion. “This Court rejects the government’s suggestion that American citizens can be placed in military detention indefinitely, for acts they could not predict might subject them to detention.”

When he signed the bill into law last New Year’s Eve, Obama claimed that: “The fact that I support this bill as a whole does not mean I agree with everything in it. In particular, I have signed this bill despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists.”

Despite his assertion, the President’s Administration, evidently alarmed by Forrest’s suspension of the indefinite detention provision until language in the bill is clarified, asked for an emergency stay on the order. Within hours of the request on Monday, U.S. Court of Appeals Second Circuit Judge Raymond Lohier agreed to intervene and place a hold on the injunction.

Indefinite detention is alive and well. Barring Forrest’s previous ruling means the President again has the power to put any American citizen who “was 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” in a military detention center until “the end of hostilities.”

Sam Rolley

Staff writer Sam Rolley began a career in journalism working for a small town newspaper while seeking a B.A. in English. After learning about many of the biases present in most modern newsrooms, Rolley became determined to find a position in journalism that would allow him to combat the unsavory image that the news industry has gained. He is dedicated to seeking the truth and exposing the lies disseminated by the mainstream media at the behest of their corporate masters, special interest groups and information gatekeepers.

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  • swampfox

    communism is alive and well under comrad obamski.
    that bast*rd is planning something nefarious.
    they will go after the militas first and then us.
    keep your weapons ready and watch closely.
    Obama has to go this November,if not and he stays in,
    fecal matter is going to hit the fan.
    I never thought i’d see something like this in my own country and would be considering the fact that I would have to put my life in harms way again defending our freedoms from my own govt.
    I fear a 3rd revolution is coming if ovomit is reelected and i’ll side with the patriots.
    I have no doubt I am on some watchlist somewhere already by my own govt,for what?
    being a patriot to the ideals of the founding fathers,a god fearing gun owning vetran of the corps.
    i’ve made it plain what i think of the dictator in the w.h and I’ll fight them with all I got if they decide to try and drag me off to a gulag and defend others if they try filling those so called ‘fema’ camps with u.s citizens.
    Obama has no qualms about doing it,
    this election is the most important in our nations history.
    for god,country and liberty,vote this scumbag out this November or the alternative as Patrick Henry said,liberty or death,
    ROMNEY 2012

    • Warrior

      NDAA is nothing more than the politiicans and elites setting up a program of extreme measures to protect themselves from the coming collapse. As we see from our friends abroad, mobs can get ugly.

      • Ladybug

        In my opinion, this is all in preparation to invoke martial law and suspend the elections indefinitely; somehow he will contrive to call some people who vehemently oppose him ‘terrorists’ and concot a story to justify their detention and create chaos. This POS in the WH MUST go, one way or the other. He cannot be allowed to commit fraud to sit on his throne for who knows how long and completely destroy this country. This so-called law is to intimidate patriots and be able to detain anyone who opposes him. he may even target us on these forums because we oppose him. Keep your eyes and ears wide open!!! We have a Hitler/Chavez/Castro/Mao disguised as a ‘president’ in the WH.

      • eddie47d

        I’m against NDAA but no elections will be cancelled and no martial law will be enacted unless Ladybug is plotting something.

      • vicki

        The way the NDAA is written why bother with canceling elections or martial law? Just make your opponents disappear. Besides canceling elections and / or martial law would just rile up the sleeping masses.

    • George Grover




      • Opal the Gem

        Loose the caps Grover or you will be considered nothing more than a screaming lunatic who should be totaly ignored.

      • Bob

        Rocky Anderson is a really good guy!

      • vicki

        We didn’t forget who started it. We also notice that the Democrats with FULL control of the Congress AND the Presidency for 2+ years did not repeal any of it.

        We are well aware that neither republicans nor democrats nor indeed any politician are our friends.

        There are 1 or 2 statesmen there in Congress. One with a 25+ year history of supporting and defending the Constitution. And maybe his son.

      • SJJolly

        The push for unlimited police state powers in the federal government is bipartisan. Members of neither party seem concerned that the other party, in power, would use the powers against them. Exactly what is going on? Is “the establishment”, which bankrolls both parties, and many sitting Congresspersons, behind this, as a means of combating an expected future popular revolt against themselves?

        • Attaboyslim


      • Viet Nam Vet 67-68

        GG WHO!!! what a wasted vote to let Abomination back in, I don’t like Romney one bit but I hate Dispise the Illegal Kenyan Born Marxist Sunni Muslim Half Breed white man Abomination. Ron Paul would have been a 1000% BETTER than either one of the two bozo’s running, but there is only one person and that is Romney.

      • Bill

        Lol…. To the guy who claims you can waste a vote…..(I’m laughing at you by the way) That’s why we have a two party system based on personal agenda’s. Rather than, a party who want to preserve our Freedoms…
        Good post Grover.

    • Old Sarge

      You can’t pin the construction of the FEMA Camps on Obama alone. I have also seen the U-TUBE videos about the FEMA camps. Those camps were not built in less than four years and, contrary to popular belief, it wasn’t Obama that ordered their construction. I first started hearing roomers about the the old railroad car repair depot in Indiana being converted during the Reagan Administration. If that is true, Reagan must have known about it and condoned it along with Bush 41, Clinton and Bush 43. Either one of those presidents could have put a stop to it but didn’t. The initial idea was actually in the works long before anyone knew who Obama was. FEMA got its start with Executive Order 12127 in March 1979 by President Carter. Executive Order 12148 in July 1979 by Carter combined it with other agencies to include Civil Defense. In March 2003, under Bush 43, it became part of Homeland Security. It is possible that the initial idea could have been sparked by Nixon or Ford but Carter’s executive orders got the ball rolling. If Joseph McCarthy were still alive, he would be saying “I TOLD YOU SO!”

      • http://facebook Joe Davis


    • Attaboyslim

      Swampfox, I agree with nearly everything you said withe one exception. As Thomas Payne said, “It is the duty of every Patriot to question their Governments abuses of Power”, or something to that effect. I really hate to mention this because I really have nothing to offer as a solution but to believe that Romney will somehow offer salvation is a dream that will never materialize. They both come from the same bolt of cloth, are cookie cutouts of one another and their loyalty is to others who are not interested in the US Constitution. “How can I be so sure”, you might ask and I’ll say, “it is simple”. Just as Barry Soetero … ah, Barack Obama was “chosen” to run for President, so too, was Romney. The thing is that unless you are an absolute political junkie and live and breath it, the chances are that you never heard of Obama prior to four years ago and the same with Romney. We are given a choice, usually of two people … in a land of millions, to vote as President and I’m beginning to think that the election is a fallacy and either way, it has already been decided. Like your post.

    • Attaboyslim

      To Vicki and Eddie … I hate to break it to you folks but the NDAA, technically places the United States of America under martial law which means we Are living under it at this moment . The NDAA gives the military the power to act with impunity on US soil which nullifies the Posse Comitates Act. According to this Federal Law, military action against the US citizens must be cleared through Congress and this bill provides that clearance, “at their discretion”.

      • Vicki

        Not news to me. Look below I gave a different reason but we could easily add yours

        “–He has affected to render the Military independent of and superior to the Civil power.”

        • Attaboyslim

          Yes Ma’am and I also noticed that you and I think alike about all of the bums who claim to be working for the betterment of America and her people. I’ll tell you Vicki, it is difficult to bring me to the point of pure hatred for anyone but these criminal Republicrats and Demopublican gangsters are from a place of pure evil and I loathe what they have done to this country. It is sad to realize that this noble experiment the Founders called a Republic that was designed to free all people from power hungry tyrants has actually failed. Even more sad is the fact that is has gone on for so very long; seemingly unnoticed and even today, many continue to foster a belief in our governments perceived benevolence. The blind dedication and unwavering support for a party candidate that is a, “cookie cutout”, of his opponent and has no true loyalty to the country we love is one of the most baffling things I’ve ever encountered.

    • http://facebook Joe Davis


    • Joe Davis

      You are very correct in your statements, there will be nowhere to hide if this fool gets back in office. I have made a commitement to my family that i will do everything i can to protect them from this kind of terror matrix. If that means fighting it out instead of being in a fema camp. So, if anyone has any sense, ramp up your ammo, and get a good powered weapon and gaurd your family.

  • TIME

    Dear People,

    Why this is and whats its all about will all become quite clear in the not to distant future. If you think the NAZI’S were bad, well as the old saying goes; “You aint seen nothing yet!”

    Now just go back to sleep any of you who think that all is well and that your FREE let alone your PRIDE and your pledges and what ever will save you.
    Theres nothing to see here.

    PEACE and LOVE

    • Realist

      I hear the whining and complaining…any solutions?

      • Bob

        How about revolution that’s about our only solution left! Are you in?

      • Realist

        You do know that requires ballistic assistance and nutritional/energy preparedness?
        are you prepared?

      • Kate8

        Soutions? We will have no solutions until Americans start changing their thinking.

        Think “endowed by our Creator with certain unalienable rights”, which NO government has the authority to alter or remove no matter how much legislation they pass. Think also that our system states that our laws are “by the consent of the governed”. Have you consented? Our silence is interpreted as consent, although now they simply don’t listen to our protests.

        We have certain sovereign rights that cannot be taken from us unless we submit to jurisdiction. Now states are mandating vaccines… no more wavers. Do they really have the right to cross the boundaries of our skin? Only if we are slaves and they actually OWN us. We must decide whether we are free or we are slaves.

        When we actually BELIEVE and KNOW that we are sovereign, natural humans with natural, inherent, UNALIENABLE rights, then we will have solutions.

        As long as we submit to insane laws, we are slaves. As long as we bow to the usurpation of authority, we are slaves. As long as we FEAR them, we are slaves.

        As long as we think like slaves, we are slaves.

      • Realist

        Kate8 says:
        September 19, 2012 at 11:38 am

        Soutions? We will have no solutions until Americans start changing their thinking.
        There lies the problem Kate. The slave endentured media have the population so
        brain washed and so much slight of hand that few will awaken in sufficient quantity
        to care about this dying country…The seniors are too old to revolt and there are
        too many impoverished minions to give a toot and if they had their ways, finish US
        off in short order. I won’t go down without a fight but I am afraid that that there are
        too may going hungry to care because quite frankly the global economy sold all
        possible chances for survival for the poor to earn enough to make ends meet and foreigners are taking over what scraps are left. Now only the strong and wealthy will survive. Unless we unite, the fight will be futile and tragically short.

      • vicki

        Actually the problem is simple human nature. Our forefathers even wrote about it here:

        ” Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.”

        Take a look at this from the same document.
        ” The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.”

        Now replace “present King…” with recent/present administrations and go thru the list. Yes the NDAA usurpation is in there.

      • vicki

        Here are some of my favorites

        –He has refused his Assent to Laws, the most wholesome and necessary for the public good.

        Obama’s failure to uphold immigration law.

        –He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

        Obama’s lawsuits against Arizona.

        –He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.

        Obama’s czars

        –He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

        Have you looked at militarized police yet? And don’t forget the actions of the authorities during Katrina (Yep Bush is in this group too but we knew that)

        –He has affected to render the Military independent of and superior to the Civil power.

        Or in Obama’s case to create an independent group as well funded as the Military.

        –He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

        Any of several recent proposed or actual treaties that clearly violate our Constitution. Small Arms Treaty for one.

        –For Quartering large bodies of armed troops among us:

        watched any of the recent videos of military practice in cities throughout the US?

        –For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:

        Fast and Furious, Waco, Ruby Ridge. And those are just the well known ones.

        –For cutting off our Trade with all parts of the world:

        Just one example that I know of directly is the 30% tarriff on Solar Panels made in China. I bet we could find lots of additional examples.

        –For imposing Taxes on us without our Consent:


        –For depriving us in many cases, of the benefits of Trial by Jury:

        NDAA 2012 (Told you it was in here)

        For transporting us beyond Seas to be tried for pretended offenses

        NDAA 2012 (Yep twice)

        –For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

        NDAA 2012 yet again, support for the patriot act by failing to repeal it in its entirty and even extending some of its provisions.

        –For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

        Marijuana laws. Just to name one. Our government hasn’t claimed all cases (yet)

        –He has abdicated Government here, by declaring us out of his Protection and waging War against us.

        NDAA 2012 again, Homeland security claims to watch for certain behaviors in Americans (God, Guns, Bible as an example)

        So go read the document and see what other examples you can find. Feel free to blame Bush as well as Clinton. It is the government not the individual that is at fault here.

  • roger gunderson

    Why did our legislators write this bill in the first place? And why did Obama sign it?
    If the answer is power and control, then I say for who specifically is it. It can’t be all of congress, cause that would make no sense. I can’t be the president , cause he will be done in a few months or 4 more years.

    • Butch

      Are you kidding??? A LOT can happen in a few months or 4 years. YES the Fraud-in-Chief supports this bill fully or else he wouldn’t have signed it.

    • TIME

      Dear Roger,

      Your question should read as follows:
      ( Why is it that this bill was not on “C span” but for ONE time? )

      Why did the alledged CON-gress vote on this bill, and pass it with less than ( 5 ) in total in {both houses} that voted “NO.”

      Again, why was even the vote not on C Span? Last but not least is why was it signed by Barry Omen on December 31st 2011 after hours with ZERO press? So; – whats the rush to sign this again?

      I have said this before and I will say it yet again, perhaps this time some of you will get it this TIME.
      These people have done all they have done so well its a thing of Beauty.

      Really, how many of you even today think that daddy Bush was a great man? Keep in mind he told you all as he stood there on the TV in Congress as he said the following: “We are at the dawn of a new day, where a “NEW WORLD ORDER” can be achieved.”
      “A world where there will be only one Government, A New World Order.”
      “It can happen and it will happen.”

      For you that still think that its only the R’s who think that way; Bill Clinton also stated in many differant interview’s, let alone countless times before and after:
      (” as he has said many times before its time for the

      And you that still think that baby Bush is not in on it: He said the same thing many times.

      And again for you D’s that still don;t get it; Barry OMEN has also said the same thing many times now.

      But I am sure that many of you still think there is a BIG Differance between a R & D.
      Well thats your gig to be an ignorant boob, its even your gig to be outright stupid, Good for you.
      Soon you all will be able to enjoy the “Blood Sports” you all wanted, its coming, very soon!

      Hey have any of you looked at whats going on in China, India, Japan, or any place other than La La Land where your controlled news is made for your PRE PROGRAMED cruise control settings?

      Ok if not – then you go back to sleep – everything is ok.
      Nothing to see here its just some stuff that you really don’t need to look at. Its all GOOD.

      PEACE & LOVE

  • Bev

    It looks like he also has the power to ‘whack’ people who get out of line. Killing American citizens without due process is so totally against our Constitution.

    • momo

      Bev, the feds don’t follow the constitution. The (un) Patriot Act did away with the 4th amendment, they don’t need a warrant anymore, just suspect you’re a terrorist. You can’t protest on federal property anymore when a politician is present, so much for your first amendment right for redress. And as you so succinctly point out, killing US citizens without due process is unconstitutional, but it happened didn’t it?

    • eddie47d

      A very slippery slope indeed brought to you by Republicans and Democrats alike. Supported by Obama and Romney and wildly supported by Newt Gingrich. The enemies are within all camps.

      • Vicki

        See it IS possible for eddie47d and I to agree on something :)

  • Joe Kidd

    Don’t forget and get ready for it March 23, 2013.
    You have to or be made to with your new Health Care Law or ObamaCare will have a chip embedded under your skin. With health record keeping, gps, all bank accounts, & etc.
    Get prepared. Obama has you covered & then some (alot more than you think or know).

    Better vote for Romney whether you like it or not.
    Warn all the democratics what they are doing to us.

    • Realist

      And you really think Romney won’t? Time will tell if there is any left.

  • Old Sarge

    There goes the Fourth Amendment. The Patriot Act weakened it. Now it is up to the Supreme Court, if they ever decide to hear it. If they approve it or don’t hear it that can seal it. The First Amendment is pretty much gone. Two down and eight to go. Remember this. Republicans as well as Democrats in both Houses passed them. Bush, a Republican, signed one and Obama, a Democrat, gleefully signed the other. Romney is just a milder version of Obama. He may be the lesser of two evils but, more or less, evil is still evil. If Romney is elected, don’t think he will do anything but maybe kick it down the road a little. That may buy time to be able to find true conservative candidates to fill the White House and both houses of Congress. Then the trick will be to get them elected. Unless that happens, you can look forward to kissing the Bill of Rights good-by. Then it will only be a matter of time before the entire Constitution is run through the shredder. So much for hope and change. The initials for Homeland Security is “HS”. Will that become synonymous with “SS”? I hope not. Only time will tell. REELECT NO ONE. FIRE THEM ALL!

  • Scott in SC

    This legislation passed with a 2/3rds majority. Had Obama refused to sign it would have passed anyway, and the GOP would have used it to show how weak Obama is on terrorists.
    The final vote was Ayes 283 (190-R + 93-D) to 136 Nays (43-R + 93-D)

    • Vicki

      If obama had refused to sign it and explained why then it would go back to Congress. If it THEN passed without changes the American people would blame Congress as they should.

      Because of this it would not have passed by a 2/3 majority. Remember it is the vote AFTER veto that has to be 2/3.

      • Scott in SC

        You are correct and it’s possible a second vote wouldn’t have garnered the necessary 2/3rds, but doubtful. Those who dislike Obama would have had a field day with the veto. My main point was both sides of the aisle are grabbing our liberties and willing to intimidate Americans who want to exercise their rights.

      • Vicki

        Agreed. But Obama had a chance to stand up to them. He failed. :(

  • 45caliber

    Of course they won’t “rethink” this law. After all, they have been trying to get it passed for about a hundred years now. How do you think they are going to be able to get rid of all those of us who protest when they want to take control of the country?

  • http://na Mike in NE

    Even considering all the sheeple whom are not aware, and those that think obama is not evil, i think they have bitten off more than they can chew. For the people who are aware and pissed will prevail, i’ve no doubt about this.

  • FreedomFighter

    “First Amendment rights are guaranteed by the Constitution and cannot be legislated away,” Forrest wrote in her opinion.
    “This Court rejects the government’s suggestion that American citizens can be placed in military detention indefinitely, for acts
    they could not predict might subject them to detention.”

    Unless you have a usurper in the White House and a complicit congress, and once Obama is elected for a second term
    by whatever means, because the end justifies the means, the Supreme court will be converted to a socialist/communist
    progressive cabal of traitors. We will face of future of totalitarian slavery and our children will face a government
    that controls them from birth to grave thru mass mind control, drugs, and intimidation.

    Laus Deo
    Semper Fi

  • Jody

    This law is for political dissidents. We are all criminals now.

  • The Christian American

    The whole stinking thing is unconstitutional and the courts are going along with it. Ever get a letter from the IRS? Doesn’t it strike fear in you? TERROR: A physical or psychological act, violent in nature, that’s done to gain submission. What part of the Federal government doesn’t strike fear in you? NDAA is a terror machine, pure and simple. These politicians with robes on disgusting

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  • Your Globalist Friend

    You were born into bondage. Resistance is futile. Humanity is doomed.

  • Benjamin Fox

    Hope you people will send me cookies once awhile and a note about your hope and change and how your moving forward?

  • ken

    Ok, it’s bad. But now imagine the “chickens coming home to roost” when President Romney is able to round up the current administrations czars and advisors and associates and Chris’s and Bill’s and Joy’s, etc. and slam the doors shut on them? Is this what we, the people really want? Liberals are the only ones happy that this could happen.

    • Vicki

      They won’t be so happy when their ox is gored.

  • r.p.

    So….. Who do we put in dention for aiding and abetting known terrorist groups in Lybia? Barry!? Or the other guy!?

    • Attaboyslim

      It may actually be better to identify the people who are most guilty for aiding the terrorists in Libya, Syria, Afghanistan … etc because it should now be understood by everyone on the planet. The US CIA has funded, trained and provided weapons and assistance to far more terrorist and terrorist organizations responsible for more deaths than can be counted today and at least as far back as Mosedec in Iran back in the 1950′s. They have assassinated, ran Coups, disrupted, murdered and attempted genocide all over the globe and you can bet your ass that every single issue facing the world today in war, has the mark of the Central Intelligence Agency. That doesn’t suggest that they have cornered the market for global terrorism because MI6, Moussad, Pakistani’s ISI … etc, are just as involved. Intelligence organizations were designed to protect a Nation from infiltration onto their sovereign territories but thanks to Black Op’s, they’ve become the World’s rednecks going out and looking for trouble and if there isn’t any … creating it.

  • LC

    NDAA 2012 is not the first of it’s kind. Every adminstration has to budget defense spending. I haven’t read them all but have seen enough of the most recent (past ten years) to know that the 2012 version is really just more defining of previous versions. The parts I read did not say American people directly it said; enemy of,terrorist, Al Qaeda, Taliban, or any person aiding such. And yes it is at the gov’t discrection to label as they desire. But I seen that coming when they called Timothy Mcveigh a terrorist.
    Solutions? Not so simple. Get the wording of ‘against gov’t and state’ changed to ‘against American values, way of life, or rights. Change any and all references of protecting gov’t or state to protecting American people,American rights, American interests (which may or may not include the gov’t) Define; terrorist,enemy,dissident, and the like to exclude any act that is protected by the Constitution and the Bill of Rights. Define specifically interwar, without interwar none of this act matters as it relates to domestic.
    The act was suspended once it can be suspended again and again for clarification.

    • Attaboyslim

      No my friend, you are missing the most important aspect of this type of document. Every individual on this planet is entitled to certain inalienable rights. Amongst them are Innocent until proven guilty by a court of their peers and that they will be able to have the opportunity to gather evidence to present on their behalf to the courts for a decision before a verdict is reached. I could care less who is in office, people are never perfect in their judgements and in every case that I’ve researched, every single crook in our government would sell their Mothers for a buck and that Must be considered. I mean, if Billyjoebob decides his ex-wife Sarahnastypants is a terrorist and has a thousand bucks saved up … well, he might be able to get rid of paying that alimony money … ? I apologize for the derogatory slang but my point is that greed seems to be more important than actual justice and the way these guys lie, cheat, steal and greed drips from them like tree sap so, I can absolutely see corruption no matter how it is worded. The Indefinite detention decision made by a person or group of people, other than God himself against another can never and will never have a legitimate place in a just society. Does that mean that I think the seals should not have shot and killed that guy in Afghanistan who they said was Bin Laden and then given him a, “proper Muslim burial at sea” … absolutely. Well, unless they had direct authority from God to be Judge, Jury and Executioner.

  • Vicki

    NDAA detention provisions fully active again.

    Also look down the right side at some of the other significant reports
    These 2 caught my attention in particular
    “Photographers in Los Angeles considered terrorists under official LAPD policy ”
    “FBI shows up at teenager’s home to ask about his Ron Paul school report”

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  • Rwolf

    COMING NDAA Hell for Americans’ Civil Liberties?

    Americans deemed by President Obama as Belligerent are vulnerable to Arrest and Indefinite Detention under the passed NDAA, National Defense Authorization Act.

    Late Monday 9-17-12 the Obama Administration was able to get Court of Appeals Judge (Raymond Lohier) for the Second Circuit to reauthorize the White House’s ability under (NDAA) The National Defense Authorization Act of 2012 to (indefinitely detain American citizens) without charge or due process. Second Circuit Judge (Raymond Lohier) placed on hold Judge Katherine Forest’s permanent injunction that recently blocked Pres. Obama’s enforcement of NDAA Indefinite Detention provisions until 9-28-12 when a three-judge appeals court panel is expected to take up the issue. Prior the Obama administration stated to Judge Katherine Forest under NDAA the President had authorization to lock up belligerents indefinitely. That they (were justified) to lock belligerents up indefinitely—because cases involving belligerents directly-aligned with militants against the good of America—warrants such punishment.) Pres. Obama could use NDAA provisions unblocked 9-17-12 by Judge (Raymond Lohier) for the Second Circuit to order U.S. Military Forces to round up without evidence, millions of Americans alleging they are belligerents or threat to National Security. Many observers fear Obama intends to extend NDAA, imprison U.S. Citizens in Indefinite Detention not involved with or associated with enemy forces.

    Hitler included similar provisions in his fascist (Discriminatory Decrees signed February 28, 1933). Immediately after German Parliament passed Hitler’s laws, the Reich Government ordered the arrest of German Citizens without probable cause or evidence; delegated power to German Police and other authorities to arrest anyone Nazi authorities claimed attempted or incited public unrest: arrested among others were outspoken Germans, writers, journalists, peaceful protestors and artists. After World War II the East German Secret Police (Stasi) used the threat of Indefinite Detention to forcibly recruit thousands of informants.

    The U.S. 2012 NDAA legislation Obama signed 12-31-11 is similar to Hitler’s 1933 fascist laws the SS and Gestapo used to target persons in Germany for arrest, imprisonment and execution without probable cause; and confiscate millions of dollars of property. Hitler used his laws to suspend Parliament insuring his laws could not be rescinded.

    During the Obama Administration’s recent request for a (stay) to stop U.S. District Judge Katherine Forrest blocking enforcement of vague NDAA provisions, the Federal Government—never clarified what constitutes a (belligerent); or militant; or what belligerent activities (directly aligned with a militant) to order a belligerent’s arrest or indefinite detention; or what is against the good of America. Under NDAA, the U.S. Government or President could claim anyone was (directly aligned with militants) e.g. any political or other association; charge any activity, statement, writing or communication was (directly aligned) with an individual or group the government deemed (militant) to arrest and indefinitely detain Americans. Writers, journalists, Americans that disagree with or question U.S. Government or its allies—may under NDAA be subject to arrest and indefinite detention.

    The 2012 and not yet passed 2013 NDAA, like Hitler’s 1933 Discriminatory Decrees allow forced government censorship; warrant-less searches of private property and forfeiture of property from persons not charged with crime. Provisions in 2012 NDAA keep the door open for corrupt U.S. police; government agents and provocateurs which there are many, to falsify reports and statements to target any American, group or organization for arrest, indefinite detention, complete disappearance; civil asset forfeiture of their property.

    You may have noted NDAA referred to the USA Patriot Act. Under the Patriot Act, lending itself to Government / police corruption, the Federal Government may use secret witnesses and informants to cause arrests and civil asset forfeiture of Americans’ property. Witness(s) and informants may be paid up to 50% of assets forfeited. Federal Government under 18USC may use a preponderance of civil evidence, little more than hearsay to Civilly Forfeit Private Property. Under the Patriot Act innocent property owners may be barred by government knowing the evidence federal government uses to forfeit their property.

    Sections of 2012 NDAA are so broad, it appears U.S. Government or the President could (retroactively) deem an American’s past 1st Amendment activities prior to passage of 2012 NDAA—supported hostilities, terrorism or (Belligerents) to order the arrest and Indefinite Detention of any U.S. Citizen, writer, group or organization.

    Under NDAA It should be expected that indefinitely detained U.S. Citizens not involved in terrorism or hostile activities, not given Miranda Warnings when interrogated, not allowed legal counsel or habeas corpus may be prosecuted for non-terrorist (ordinary crimes) because of their (alleged admissions) while held in Indefinite Detention.

    See Below Hitler’s 1933 Discriminatory Decrees


    Note: Based on translations by State Department, National Socialism, 1942 PP. 215-17, and Pollak, J.K., and Heneman, H.J., The Hitler Decrees, (1934), pp. 10-11.7

    In virtue of Section 48 (2) of the German Constitution, the following is decreed as a defensive measure against Communist acts of Violence, endangering the state:

    Section 1
    Sections 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association, and violations of the privacy of postal, telegraphic, and telephonic communications, and warrants for house-searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.

    Section 2
    If in a state the measures necessary for the restoration of public security and order are not taken, the Reich Government may temporarily take over the powers of the highest state authority.

    Section 4
    Whoever provokes, or appeals for or incites to the disobedience of the orders given out by the supreme state authorities or the authorities subject to then for the execution of this decree, or the orders given by the Reich Government according to Section 2, is punishable—insofar as the deed, is not covered by the decree with more severe punishment and with imprisonment of not less that one month, or with a fine from 150 up to 15,000 Reich marks.

    Who ever endangers human life by violating Section 1, is to be punished by sentence to a penitentiary, under mitigating circumstances with imprisonment of not less than six months and, when violation causes the death of a person, with death, under mitigating circumstances with a penitentiary sentence of not less that two years. In addition the sentence my include confiscation of property.

    Whoever provokes an inciter to or act contrary to public welfare is to be punished with a penitentiary sentence, under mitigating circumstances, with imprisonment of not less than three months.

    Section 5
    The crimes which under the Criminal Code are punishable with penitentiary for life are to be punished with death: i.e., in Sections 81 (high treason), 229 (poisoning), 306 (arson), 311 (explosion), 312 (floods), 315, paragraph 2 (damage to railroad properties, 324 (general poisoning).

    Insofar as a more severe punishment has not been previously provided for, the following are punishable with death or with life imprisonment or with imprisonment not to exceed 15 years:

    1. Anyone who undertakes to kill the Reich President or a member or a commissioner of the Reich Government or of a state government, or provokes to such a killing, or agrees to commit it, or accepts such an offer, or conspires with another for such a murder;

    2. Anyone who under Section 115 (2) of the Criminal Code (serious rioting) or of Section 125 (2) of the Criminal Code (serious disturbance of the peace) commits the act with arms or cooperates consciously and intentionally with an armed person;

    3. Anyone who commits a kidnapping under Section 239 of the Criminal with the intention of making use of the kidnapped person as a hostage in the political struggle.

    Section 6
    This decree enters in force on the day of its promulgation.
    Reich President
    Reich Chancellor
    Reich Minister of the Interior
    Reich Minister of Justice

  • Pingback: Administration Asks Appeals Court for Stay on Indefinite Detention Ban, Triggers Constitutional Showdown by CHRIS HEDGES, TRUTHDIG « How Did We Get Here

  • Pingback: Progress in Michigan Against NDAA Detention Powers « RubinoWorld

  • Pingback: Federal Court Rules In Favour Of Indefinite Detention Of US Citizens « News World Wide


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