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Rand Paul Continues Indefinite Detention Fight

November 19, 2012 by  

Rand Paul Continues Indefinite Detention Fight

Senator Rand Paul (R-Ky.) filibustered a vote on the Defense Authorization Act in an attempt to get Congress to vote on his amendment affirming the Constitution’s 6th Amendment to ensure Americans are protected against indefinite military detention.

The Paul Amendment would ensure that any American citizen being held by the military is granted the right of trial by a jury of peers and the right to confront witnesses against him.

“A citizen of the United States who is captured or arrested in the United States and detained by the Armed Forces of the United States pursuant to the Authorization for Use of Military Force (Public Law 107–40) shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense,” the amendment states.

The Senator came under fire from Majority Leader Harry Reid (D-Nev.) who said the legislative body wanted to clear the Defense Authorization Act, S. 3254, before Congress breaks for Thanksgiving.

“[Republicans] say they want to move to the defense authorization bill, so I said yesterday, fine, let’s move to it,” Reid said on the floor last week. “But my friends can’t take ‘yes’ for an answer.

“[Democrats are] not the cause for why the defense authorization bill is not being brought to the floor.”

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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  • Butch

    Harry Reid is such a POS. How such an obstructionist money grubbing hypocrite could EVER be voted and retained in office is mind-boggling. He and Pelosi should be drawn and quartered and every bit of money they’ve stolen from the American people, returned. If there is an impeachment process for those scoundrels, it desperately needs implemented.

    • RAB

      Right Butch, we have a lot of irrogant people now..however we know, winning not always HONEST…Nancy P., Reid are a disgrace to America; both on the take for$$POWER…

      • eddie47d

        Rand Paul is correct but check out the last sentence and be aware of all the facts of the matter.

      • Dennis48e

        That last sentence is a quote from mista Harry so just how believeable is it given the fact that he has p[roven to be the biggest obstructionist there..

      • Jana

        That last statement is is part of a quote from Harry Reid, a Democrat.

      • Vicki

        Eddie47d. The last sentence, being a quote of Harry Reid, is what you would expect Harry to say since he is blaming Rand Paul (a Republican) for holding up the NDAA approval. And since you agree with Rand Paul, you obviously want Rand Paul to hold up the approval till the liberty destroying parts are removed.

      • eddie47d

        It still doesn’t lay it all on the Democrats. Which gets repeated ad nauseum .

  • roger gunderson

    I’m on Rand Paul side all the way.Our very inept congress
    should have never passed such a bill in the first place.

    • Kansas Bright

      Remember that those who represent your state in the federal government take a legally binding Oath to support and defend the US Constitution and your state Constitution. Know your state constitution (both really) and let “your” representative know that you will work to fire them for no longer meeting the requirement of the position that person is occupying.
      I have a petition that needs more signatures that makes it easier for us to fire them and replace them immediately:
      “We Can Immediately Fire and Replace Any Constitutional Oath Taker That Doesn’t Keep the Legally Binding Oath as Required
      US Constitution is Supreme Law. The first law statute of the USA was Statute 1, Chapt 1: an act to regulate the time and manner of administering certain oaths, which established the oath required by civil and military officials to support the Constitution. The wording of the Presidential Oath – Constitution, Article II, Section 1, Clause 8. The Oath requirement for all Fed and State Civil officers – Art VI, Sect 1, Clause 4. The Oath is binding for life.
      Solemn: “Legally binding, Common legal phrase indicating that an agreement has been consciously made, and certain actions are now either required or prohibited”, “The other requirement for an agreement or contract to be considered legally binding is consideration – both parties must knowingly understand what they are agreeing to”.
      http://wh .gov/ XB5b

      Take out the spaces and please sign.

      • http://wildhogs68@aol,com william s benton

        I cannot figure how to sign this even though i agree 100%

      • feelnyankee

        Just signed and flew it on Twitter, should get lots of people on there, lots of Conservatives follow and so on…

  • Meg

    Thank God Rand came in before Ron left. Why didn’t those in such a hurry have a moment to retain our basic rights? That should have been unanimous so just vote for it and get it done.

    • Doris Carman

      Harry Reid said just after the election that he is not taking anything to the floor that the repubs bring. So he is the obstructionist not congress who is being blamed for everything.The dems have congress over a barrel and the congress should call their bluff and go over the cliff. maybe then America will wake up and suit up.

  • http://Yahoo Sunfire

    Harry Reid….Will YOU tell me WHY you do not want the American public protected against Military force by trial and jury and the right to confront witnesses against them? Why would you object to such an act? What kind of an American are you that you are not concerned about the American people and our Constitution?

  • Dr. Harvey Goldstein

    As a retired professor of Constitutional Law ( Unlike Obama, I have read and understand it!) I know that Rand Paul is on the side of our Constitutional Freedoms. Now that Obama has been re-elected. Watch for him to try to destroy the Second Amendment. The first thig any totalitarian does is to disarm the civilian population. Remember..

    ” Only free men carry swords, slaves are never armed ” Cicero

    • eddie47d

      Slaves don’t carry swords because it is those who do carry who hold those swords to their necks. In other words its those with swords or guns who do the enslaving so it does go both ways. No different than the threat of nukes. They can keep a nation safe or enslave millions to whoever controls them.

      • Vicki

        So eddie47d, you clearly understand the purpose of the 2nd Amendment. Why do we most often find you siding with those who would take your firearms away from you and your family?

      • eddie47d

        I didn’t say that and I certainly don’t believe in one sided comments which stifles the other side of the equation. You know the good and the bad of owning a weapon.

    • yankee doodle dandy

      Dr. Goldstein, you would do well to stick to the relevant facts regarding constitutional law rather than doing a charcter assination of the POTUS. All your doing is mudding the waters and diluting the merits of your arguments. We need to be clear about protecting the constitution rights of every American regardless of their political persuasion or party affiliation. Both parties can take some blame for the current situation due the the hesteria that existed after 9-11. Please keep your eye on the ball, so this situation can be corrected. The same can be said for Guantanemo. Let’s get rid of this blight on American democracy.

      • NativeBlood

        Yankee there is such thing as the first amendment muddywaters or not! What? are you the new panther resident on this forum? You didn’t even give the courtesy of giving the president a proper title while addressing him. Stop the double standards and give credence to the professor’s concerns. I feel they are legitimate concerns.

  • Robespierre

    No surprise, the Democrats are in the process of destroying the
    Constitution and our formerly great country to accommodate the third world scum as it flys, busses, swims, across our borders.

    • eddie47d

      Why don’t you see how many Republicans signed onto the NDAA before shooting off your mouth? Illegal immigration is also down with the present Democrats so check out the big picture in the culpability of all members of Congress.

    • yankee doodle dandy

      Rob, let’s get your facts straight. More illegal alliens were deported last year under the Obama administration than any years under George W Bush. 396,000 alliens were deported in 2011. Children who came here as minors without any say in their immigration, should be extended some accomadations.

      • NativeBlood

        Yankee, many of us agree that 2 wrongs do not make a right especially where president Bush and President Obama are concerned. You are quoted as saying “Children who came here as minors without any say in their immigration, should be extended some accomadations”. These accomodations are costing the US huge amounts of concessions and this has exceeded more than we can afford. The mis-use of the 14th amendment has created an expensive anchor baby network. If the parents refuse to take the kids back to Mexico with them, then there is foster care and orphanages for the misplaced children. Even the catholic church will care for them at least until they are properly sponsored. We cannot afford to cradle-to-grave care for destitute poor kids of the world on a regular basis as long as our economy continues on a unsustainable course.

      • Concerned Montanan

        Could it be that more were deported because tenor more times as many entered illegally?

      • eddie47d

        That’s not true Montanan.

      • Florence

        Native Blood, I agree for the most part except I would send the kids back across the border and let their mother country take care of them. We have enough of our own in this country who are in foster care and deserve homes and better lives.

      • Jimmy the Greek

        deporting them does no good ! Better we shoot them and grind up there remains for pig feed . that way they never come back .

  • Jenasus

    The Patriot Act, The National Defense Authorization Act, The Enemy Expatriation Act are all NAILS in the COFFIN of our rights to life, liberty and the pursuit of happiness and the Constitution, The Bill of Rights and the Declaration of Independence.

    • fyrerider

      Don’t forget the RICO act…To me, this is the one that started it all, denying constitutional rights to American citizens “in certain circumstances.”

      • Vicki

        Denying constitutional rights to American citizens “in certain circumstances.” started long before the RICO act.

  • bill sexton

    Stop Obama in his tracks! Start a REAL Tea Party by stop paying Obama’s salary! Start a federal tax revolt! if millions of disenfranchised citizens protest by withholding federal taxes, Obama will have to resign!

    • Operation mind crime

      That’s a nice thought but how many people do you think it will take being arrested and harassed by the IRS before that is shut down?

      How about a million angry protestors at several locations each as a show of strength?

      You just don’t want to screw with the IRS these days

      • MattN

        Don’t forget who has been buying ammunition for the last year either. You might get a LOT MORE than you bargained for.

    • eddie47d

      There are petitions out there to repeal NDAA and some to expunge sections 21 and 22 of NDAA. (arresting or eliminating Americans without trial). Considering the majority Republicans in the House of Representatives voted in NDAA how would that have stopped Obama. Obama opposed sections 21 and 22 but went along with those Republicans so check out your own Representative.

      • TML

        “Obama opposed sections 21 and 22 but went along with those Republicans”

        It’s true that many Republican’s voted in the bill – including Lindsey Graham who actually argued that such domestic ‘terrorists’ should be told “shut up, you don’t get a lawyer” – but from what I understand, just as many Democrats voted it in was well. In fact the votes were above 2/3 of both houses which could have overturned a veto from the President. Yet, regardless, if he [Obama] ultimately ‘played along’, and supported it with his signature on New Year’s Eve, then can it be said he ever really opposed it at all? I think a President who had his principles and priorities in order would have stood his ground and forced them to over-turn a veto.

      • Kansas Bright

        Actually you are miss informed. Obama told the public that he would “veto the NDAA” because it held those sections that went against the American people. He lied. While he was telling you (John Q. Public) that lie, behind your back he and his administration was fighting to have that “power against American citizens” put INTO the NDAA.
        During Senate debates on the section, Carl Levin made clear that his subcommittee included the offending language at the request of the Obama and the White House adminstration. Bill co-sponsor Sen. Carl Levin says that Obama was the one who called for the removal of language from the bill that would’ve PROTECTED American citizens from section 1031.

        Then US District Court Justice Forrester found NDAA to be unconstitutional and therefore unenforceable, on both grounds raised by the plaintiffs. Obama immediately ordered his lawyers – Without DELAY, LESS than 24 hours later – filed an appeal of Forrester’s decision. Appellate Judge Lohier did as Obama told him and overturned that decision.

        The indefinite detention provision allows the US government to imprison anyone “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” indefinitely until “hostilities” have ceased.

        Congressman Dana Rohrabacher says that the Taliban is a “construct of the CIA and was armed by the CIA.” Rohrabacher has stated that the CIA-created Taliban served the US interests against the Russians in Afghanistan and have continued to be used even up-and-to the current presidential administration. Roharbacher, speaking during a House Committee on Foreign Affairs meeting, also named Hillary Clinton, US Secretary of State as part of the ruse that is the Taliban. Clinton’s husband, during his presidency, formed the Taliban with the assistance of the Saudi Arabian government and Pakistan.

        He not only lied directly into the camera to the American people about the NDAA. Then to prove the point that he WANTED that part IN the NDAA, when a court overturned it as unconstitutional, he immediately told his attorneys to find a judge who would stop that declared the NDAA unconstitutional.

        He also lied about Fast and Furious and when he knew about it. But then if your a supporter you already know that because in March of 2009 is when his press release about Operation Gunrunner describing Fast and Furious with H. Clinton, Holder, etc all standing around. Deputy Attorney General David Ogden announced the Obama Administration’s new and aggressive ‘comprehensive plan’ on March, 24, 2009. The plan was aimed at disrupting gun trafficking between the United States and Mexico. The first words were: “The President has directed us…”
        Plus he fought for funding of it. – rolled into the stimulus package, H.R.1 American Recovery and Reinvestment Act of 2009.
        {Holder also lied as he did a speech at the Arms Trafficking Convention in Mexico where he talked about expanding it and Janet Napolitano was involved.

        Obama lied about Afghanistan: Senior ranking U.S. military leaders have so distorted the truth when communicating with the U.S. Congress and American people in regards to conditions on the ground in Afghanistan that the truth has become unrecognizable. This deception has damaged America’s credibility among both our allies and enemies, severely limiting our ability to reach a political solution to the war in Afghanistan.” Lt. Colonel Daniel Davis, a 17-year Army veteran recently returned from a second tour in Afghanistan.

        On September 8th, 2011, General William Shelton told lawmakers during a highly classified briefing. The four-star general is in charge of Air Force Space Command. According to the Daily Beast, “Pressed by members, Gen. William Shelton said the White House tried to pressure him to change his testimony to make it more favorable to a company tied to a large Democratic donor.”

        ETC. he lies more then Clinton did, and Clinton was being impeached for lying.

    • NativeBlood

      The only folks that have the time to physically protest are the unemployed or retired and they are usually non taxpayers and are totally expendible! Not filing your taxes in protest will only serve to get the IRS to come to your door and this is not a great idea and could be an unsurvivable event. The only meaningful protest would be fully employed workers
      who are also tax payers, show in great numbers to protest and then someone could take notice.

    • Hedgehog

      Why not try something new? Stop deporting illegal aliens, at least they want to be in America and are willing to work. Get rid of some of your useless non-productive citizens, starting with IRS and TSA employees. Isn’t that why your Congress passed the NDAA? Get rid of your domestic terrorists first!

      • Florence

        Oh, yeah, that’s just what we need. The govt is practically doing that already and w/BO promissing mass amnesty the numbers sneaking into this country have increased. You must really want us to be overrun by these free loaders. You are missing a lot in your brain bank. They are negatively impacting the job market by taking less salaries than Americans and not paying taxes; they use every welfare program we have; our stupid govt gives them a 1tin # hoping they will pay taxes on their earnings and instead they claim dependents in mexico for which the stupid IRS gives them huge refunds, larger than the earnings they claim. If “they want to work” let them work in their own country. They are illegal in this country and taking our jobs. Stop making them out to be honorable, they are not! They know they are taking American jobs! Your statement implies that Americans do not want to work. So take this personally, I can assume that you do not want to work, if you are an American!

  • Enough

    You may as well fight to the death before being placed in any government custody. They have gutted the constitution and unless you want to take the chance on being locked up and tortured every day for the rest of your life, you may as well die in battle and get it over with.
    At least then your family and friends would know what happened to you.

  • http://MSN RicC

    When the Africans start voting the issues not skin color there will be a difference. When the dead stop voting democractic there will be a difference. When some Americans stop abusing the system and voting twice there will be a difference. When democrats stop with the corrupt elections there will be a difference. The only way democrats win most elections is by stealing votes from honest AMERICAN CITIZEN who vote once. Voter ID laws are needed, abusers should be jailed and their voting rights suspended. We need term limits for all of congress and rid them of their excessive benefits…..RicC

    • http://midcontent brand inspectorm

      There isn’t a democrat around that is totally for the American ideals of following rules or regulations, even the ones they impose on everyone else. Since the beginnings of the socialis/communist democrap party,fraud,corruption, party prositution and murder have been its corner stone. Only difference is the party embraces totally the avowed marxist/socialist freak in the WH.

  • oldgringo

    Rand Paul is a good man….Too bad the rest of the Republican’s are such a bunch of ineffective duds!

  • wheels

    This complete bill is a mockery of what the United States stands for. The individuals that vote for it are taking more of your liberties away from you and voting against the constitution. It lets whomever is in power take those that disagree with his/her policies and without due process, put them in jail forever. Sounds to me like the OLD TIME USSR!

    • http://midcontent brand inspectorm

      Wheels, All are the same mouth off about.simple minded morons, who sit at the trough for a fresh load of excrements with airy fairy theory toppings, spouted from the book trained, socialist anti-USA democrats. All who embrace totally what ever the UN thugs and dictators want. Name one puke dem who will say anything against the UN or the pedophile rug rubbing muslim terrorists and the inbred kin.

      • wheels

        Speak in plane english dumb s _ _ t. I donn’t have time to decipher your nonsensical babble! Nor do I care to. Come to your point or don’t bother to comment on my posts!

  • Don

    Senator Rand Paul IS a true American patriot!

    • tgeer

      “Senator Rand Paul IS a true American patriot!”

      Yeah? Then why is he filibustering a bill in order to blackmail the rest of the Senate to get his own bill voted on. That’s not a patriot, for any country, that I would care to claim.

  • Dale Patterson

    Hey Paul, Gestapo says they like it this way.


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