Category Archives: Human Rights

Doublespeak Definition of the Day: Combatant

I touched on this on yesterday’s post but I think the Obama administration’s redefinition of the word “combatant” as it relates to his secret kill list deserves more exposure. The following comes from a New York Times article written by Jo Becker and Scott Shane entitled: Secret ‘Kill List’ Proves a Test of Obama’s Principles and Will. (The part I’m quoting from appears on this page)

[emphasis mine]

Mr. Obama embraced a disputed method for counting civilian casualties that did little to box him in. It in effect counts all military-age males in a strike zone as combatants, according to several administration officials, unless there is explicit intelligence posthumously proving them innocent.

Counterterrorism officials insist this approach is one of simple logic: people in an area of known terrorist activity, or found with a top Qaeda operative, are probably up to no good.[…]

[…]

This counting method may partly explain the official claims of extraordinarily low collateral deaths. In a speech last year Mr. Brennan, Mr. Obama’s trusted adviser, said that not a single noncombatant had been killed in a year of strikes. And in a recent interview, a senior administration official said that the number of civilians killed in drone strikes in Pakistan under Mr. Obama was in the “single digits” — and that independent counts of scores or hundreds of civilian deaths unwittingly draw on false propaganda claims by militants.

Brilliant! If the statistics show that the drone attacks are killing too many civilians, redefine the term “combatant” and the number of civilians killed will show up in the single digits. George Orwell would be proud.

Related:
Are You or Someone You Know a Victim of the Drone Mentality?
Quote of the Day: Americans Cheer the Assassination of the Fifth Amendment Edition
Obama: Judge, Jury, and Executioner in Chief

The Birther Distraction Only Benefits Obama

There it is again. That damned conspiracy theory about Barack Obama being born not in Hawaii but Kenya. An honest question for you birthers out there: even assuming that everything you believe about the birthplace of Barack Obama is true, do you really think that even if you could prove it 100% that people who would otherwise support him/undecided would choose not to or would be declared ineligible to serve as president by some court, perhaps SCOTUS?

IMO the answers to those questions are no and probably not. If the voters are not concerned enough to vote him out (or even call for his impeachment) based on his other, much more damaging assaults on the Constitution, I seriously doubt these same people are going to be upset about Obama’s audacity to be born to an American mother outside the country. As far as violating his oath to defend the Constitution goes, this would be quite a minor assault.

So if the birther issue doesn’t benefit Obama’s opponents, who would it benefit? President Obama and the Democrat Party. The Obama campaign has already released an ad critical of Mitt Romney and his ties to Donald Trump (below).

This is precisely the kind of issue President Obama wants to be a part of this campaign. If the media and the people are talking about the birther question, they are not talking about his failed economic policies, his continued assaults on free market capitalism, ObamaCare, signing extensions to the Patriot Act, signing the NDAA, Fast and Furious, his drug war hypocrisy, his foreign policy befitting that of a warlord, his very Orwellian change in the definition of the term “civilian” to make his statistics for killings of innocent people in foreign lands not look so bad to the casual news consumer, and etc. In other words, Obama’s record as president!

I hear people complain that Obama wasn’t properly vetted in 2008 (and to a certain extent I agree). The media didn’t concentrate enough on the birth certificate, his time hanging out with Marxists in college, his unwillingness to release his college transcripts, his association with Jeremiah Wright. Some of these things are reasonable questions but are distractions to the issues of the greatest importance.

It may be true that we don’t know a whole lot about Obama’s biography or what made him the person he is relative to past presidents but we have had four years to evaluate his job performance as president. In the final analysis, isn’t that all that really matters?

The rEVOLution After Paul

With Congressman Ron Paul’s third presidential run and career coming to an end, what will become of his rEVOLution he inspired? Prior to the 2012 campaign, some suggested that former New Mexico Gov. Gary Johnson would be the “next” Ron Paul but with Johnson running as the Libertarian Party nominee after being mistreated by the GOP establishment in the primaries, it appears to me that that bridge has been burned and will likely never be rebuilt. Johnson’s activities in furthering the liberty movement will be done outside the Republican Party.

The new heir apparent to lead the rEVOLution appears to be the congressman’s son Sen. Rand Paul. Rand Paul has been one of a handful of voices of reason in the senate voting against renewing the Patriot Act, the NDAA*, standing up to the TSA, and speaking out against President Obama’s unconstitutional “kinetic military actions” in Libya and elsewhere to name a few. For the most part**, Sen. Rand Paul has been a consistent champion of liberty much like his father. Speculation abounds that Sen. Paul will make a presidential run of his own in 2016.

The rEVOLution and the greater liberty movement must be much larger than one person***, however. According to Brian Doherty, author of his new book Ron Paul’s rEVOLution: The Man and the Movement He Inspired, Paul’s movement will continue long after Paul himself has left the political stage. Doherty summarizes the thesis of his book in the Cato forum (video below); David Boaz and Sen. Rand Paul also offer their thoughts on the future of the liberty movement after Ron Paul.

Mao Yushi: An Inspiration for All Who Yearn to be Free

Last Friday, the Cato Institute honored dissident Chinese economist Mao Yushi with the Milton Friedman Prize for Advancing Liberty. Just a week prior, Mao, a consistent critic of Chinese government policies and advocate of both individual and economic liberty faced the possibility of being detained rather than being permitted to fly to Washington D.C. to receive the award in person and deliver his acceptance speech. By Tuesday, Cato confirmed in a press release that the Chinese government kept its word and allowed Mao to leave the country.

The first video tells Mao’s inspiring story:

The second video, the 2012 Milton Friedman Prize winner himself Mao Yushi delivers his acceptance speech.

Congratulations to Mao Yushi for earning this most prestigious prize for your life’s work in the advancement of human freedom. You sir, are an inspiration to us all.

The Nutmeg State’s Senate Passes Bill Protecting Right to Record Police AND Abolishes the Death Penalty in the Same Week

This week, the State of Connecticut made progress in the right direction on the criminal justice front on two issues I care deeply about: the right of individuals to record the police in public and abolishing the death penalty.

Earlier today, the Connecticut Senate passed a bill 42-11 that would hold the police liable for arresting individuals who record their activities in public. Carlos Miller writing for Pixiq writes:

The Connecticut state senate approved a bill Thursday that would allow citizens to sue police officers who arrest them for recording in public, apparently the first of its kind in the nation.

As it is now, cops act with reckless immunity knowing the worst that can happen is their municipalties [sic] (read: taxpayers) would be responsible for shelling out lawsuits.

Senate Bill 245, which was introduced by Democratic Senator Eric Coleman and approved by a co-partisan margin of 42-11, must now go before the House.
The bill, which would go into effect on October 1, 2012, states the following:

This bill makes peace officers potentially liable for damages for interfering with a person taking a photograph, digital still, or video image of either the officer or a colleague performing his or her job duties. Under the bill, officers cannot be found liable if they reasonably believed that the interference was necessary to (1) lawfully enforce a criminal law or municipal ordinance; (2) protect public safety; (3) preserve the integrity of a crime scene or criminal investigation; (4) safeguard the privacy of a crime victim or other person; or (5) enforce Judicial Branch rules and policies that limit taking photographs, videotaping, or otherwise recording images in branch facilities.

Officers found liable of this offense are entitled, under existing law, to indemnification (repayment) from their state or municipal employer if they were acting within their scope of authority and the conduct was not willful, wanton, or reckless.

While I think the fourth and fifth exceptions to the law could be problematic, this should go a long way toward holding the police accountable.

As if this wasn’t enough good news, just yesterday Gov. Dannel Malloy signed a bill to abolish the death penalty in the Nutmeg state. CNN reports:

(CNN) — Connecticut Gov. Dannel Malloy signed a bill into law Wednesday that abolishes the death penalty, making his state the 17th in the nation to abandon capital punishment and the fifth in five years to usher in a repeal.

The law is effective immediately, though prospective in nature, meaning that it would not apply to those already sentenced to death. It replaces the death penalty with life in prison without the possibility of release as the state’s highest form of punishment.

“Although it is an historic moment — Connecticut joins 16 other states and the rest of the industrialized world by taking this action — it is a moment for sober reflection, not celebration,” Malloy said in a statement.

Connecticut isn’t a state that comes to my mind when I think of a death penalty state and for a good reason: only 2 people have been executed in that state in the last 52 years (both of which wanted to be executed), according to the governor. So, if the administration of the death penalty is so infrequent, why does this abolishing of the death penalty even matter? I think Gov. Malloy said it quite well in his signing statement: “Instead, the people of this state pay for appeal after appeal, and then watch time and again as defendants are marched in front of the cameras, giving them a platform of public attention they don’t deserve.”

Keep up the good work Connecticut!

Hat Tip: The Agitator

Open Thread: If I Wanted America to Fail…

FreeMarketAmerica.org has released a great video (above) called “If I Wanted America to Fail.” It’s a pretty decent list of policies one would want to implement to cause America to fail but it’s far from complete.

Here are a few suggestions of my own:

If I wanted America to fail, I would want congress to abdicate its war powers and give those powers to the president so he could commit acts of war against any country he desires for any or no reason at all.

If I wanted America to fail, I would want these undeclared wars to be open-ended with no discernable war aim. This would lead to blowback and create more enemies for America.

If I wanted America to fail, I would have troops deployed around the world to make sure the world is “safe for democracy” but would topple regimes, even those elected by the people of these countries, if the president found the new leaders not to his liking. This would create even more enemies who would try to cause America to fail.

If I wanted America to fail, I would do away with due process – even for American citizens who the president considers “enemy combatants.” I would want the president to have the ability to detain these people indefinitely, ship them to a foreign country, and even give the president the authority to kill these people anywhere in the world they are found.

If I wanted America to fail, I would have the ATF sell arms to Mexican drug cartels so they could kill innocent people on both sides of the border. I would name this operation after a lame action movie franchise and pretend to know nothing about it when details were made public (It’s not like the media would have any interest in investigating this deadly policy because this is a Democrat administration).

Now it’s your turn. What are the policies being implemented now that you would want implemented if your goal was to make America fail?

Frontline Investigates the State of Forensic Science in “The Real CSI”

Is the forensic science used in the courtroom reliable? The PBS documentary series Frontline makes an attempt at answering this question in an episode entitled: “The Real CSI.”

I cannot recommend this episode enough.

Watch The Real CSI on PBS. See more from FRONTLINE.

Also, the producers of this episode hosted a live chat for viewers to ask some follow-up questions (I’m sorry I missed it). Here is the archive from the chat.

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An Innocent Man Was Probably Executed on Gov. Rick Perry’s Watch…Not That Anyone Cares
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25 More Reasons for Criminal Justice Reform

Justice for Martin, Zimmerman is More Important than Anyone’s Damned Political Agenda

Rumor, conjecture, race, debate over the appropriateness of Florida’s “Stand Your Ground” (SYG), and the debate over concealed carry among other discussions in the media and social media have taken on lives of their own in fatal shooting of Trayvon Martin. Protests have sprung up around the country demanding “justice” for the “murder”* of Martin allegedly committed by George Zimmerman who claims that he fired the fatal shot(s) in self defense. Others wonder why this story, because of the racial aspects, receive so much national media attention while cases involving white victims with black suspects do not, implying a politically correct double standard.** To inflame the debate even more, leading presidential candidates have weighed in thus (perhaps) turning this case, not only into a black vs. white issue, but also red vs. blue (or Right vs. Left if you prefer).

These all may be relevant issues for another debate, but should not determine the level of “justice” that will hopefully be determined in a court of law rather than the court of public opinion. Unfortunately, it seems that most people have taken sides without knowing all of the relevant facts of the case. Personally, I haven’t “taken sides” because there is plenty of conflicting accounts of what happened that fateful night and I don’t trust everything that is being reported***.

The real question in the case is, did George Zimmerman truly act in self defense and stand his ground as he claimed? This depends entirely on what actually happened; the factual details in this case (known and unknown) is all that really matter. Neal Boortz wrote perhaps the most balanced piece I have read so far on this case. Here he outlines three possible scenarios of the night in question.

As for the SYG law and the Trayvon Martin case, I haven’t seen anyone else bring this up, but both Trayvon and Zimmerman had the SYG law on their side under the three possible operating scenarios here:

1. George Zimmerman. If Zimmerman was attacked by Trayvon, as he claims, he had the legal authority to use deadly force to repel the attack. BUT .. and this is a big but here .. if he was pursuing Trayvon, as he said he was, the SYG law would not protect him from prosecution. Zimmerman wasn’t standing his ground. He was in pursuit. I see no reason for repeal of SYG here because the law will not stand as a defense for what Zimmerman did. By the way …. I heard Juan Williams on Fox News Channel say – not once, but several times — that George Zimmerman had been told by the police to stop his pursuit of Trayvon. First of all, there is no evidence that the 911 dispatcher Zimmerman was talking to was was a police officer. Secondly, the dispatcher didn’t say “Don’t do that.” The dispatcher said “You don’t need to be doing that.” Telling someone that they don’t need to be doing something is quite different from telling someone NOT to do something. Williams should understand this.

2. Trayvon Martin: How would the SYG law stand to protect Trayvon? If Trayvon had noticed he was being followed, and if he elected to flee his pursuer he would have every right to do so. He would also have every right to turn and to confront his pursuer. That would be “standing your ground.” So the rumored testimony of this eyewitness who said he saw Zimmerman on the ground with Trayvon pummeling him does not necessarily implicate Trayvon. If he was standing his ground he was acting within the law.

3. Now here’s where it could get complicated. What if Zimmerman had ceased his pursuit of Trayvon and retreated to his car. What if Trayvon then pursued Zimmerman to his car and attacked him. Trayvon would then lose his protection under SYG, just as Zimmerman did when he initiated a pursuit. But if Zimmerman than became the pursued instead of the pursuer, does he then have the SYG law to rely on? That’s an interesting question, and one that I think would have to be put in front of a jury.

Obviously, the number of scenarios of what might have really happened cannot be limited to these three but I think these can serve as a useful starting point for a productive debate.

Can we all agree that if Zimmerman pursued (which by nearly all counts and by the 911 call seems to be the case at least initially) and confronted Martin, Zimmerman was not acting in self defense?

Can we also agree that IF Zimmerman was following Martin and gave reason for Martin to believe Zimmerman was meaning him harm that Martin also had every right to stand his ground and use lethal force if he believed it necessary to defend himself? Would those of you who wholeheartedly believe that Zimmerman was acting in self defense when he fired the shot(s) be defending Martin had HE shot and killed Zimmerman because Martin was in fear for his life?

The third scenario is the most difficult quandary of all but could a reasonable person conclude that maybe they were both in the wrong? Could Zimmerman’s wrongful pursuit be “canceled out” by Martin’s pursuit and attack if Zimmerman was returning to his vehicle? In the event that they both contributed to Martin’s death, what would be the appropriate verdict? In my lay opinion, convicting Zimmerman of murder would be inappropriate here; a good case could be made that he could be guilty of manslaughter though.

With all the conflicting reports in the media, it seems to me that this is hardly a cut and dry case of murder or standing one’s ground. People on all sides of this issue should resist making this about every civil rights sin ever committed by members of various races. This case is about two individuals, George Zimmerman and Trayvon Martin. Not Al Sharpton, nor the New Black Panthers, nor bigoted white people racially profiling.

For those of you who are marching for “justice” for Martin, is this truly what you want or do you want revenge? Are you willing to accept the possibility that after a jury (be it grand jury or a jury deciding if Zimmerman is guilty of murder or a lesser charge) hears the evidence that they might determine that there isn’t enough evidence to prove Martin guilty of murder? Like it or not, in our system the accused is supposed to be considered innocent until proven guilty. This means that sometimes people actually do get away with murder. If the state fails to prove Zimmerman is guilty, don’t blame the jury, blame the state for failing to prove his guilt.

For those of you who are certain that Zimmerman was in the right, I pose the same above question to you. Additionally, are you willing to modify your views if the facts turn out to be opposite of your initial thoughts on the case?

It’s high time for everyone to take a deep breath and let the process work and let the chips fall where they may. Justice is more important than your damned political agenda.

» Read more

ACTION ALERT: Tell Alabama Gov. Robert Bentley to Allow Thomas Arthur to Prove his Innocence Prior to Execution

Here’s another one of those no brainer cases where the question of guilt or innocence could be determined once and for all in a death penalty case if the state would only allow the condemned the opportunity to have DNA test run at no cost to the state. The Innocence Project makes the following plea to all who are concerned with matters of justice on behalf of Thomas Arthur who is scheduled to be put to death by the state of Alabama:

Thomas Arthur is on Alabama’s death row, convicted of a crime that another man has since confessed to committing. Despite this confession and many other irregularities that have surfaced, the state has set his execution date for March 29, just weeks away.

After the confession, the Alabama Supreme Court stayed Mr. Arthur’s execution and remanded his case to the trial court for an evidentiary hearing. The court ordered limited DNA testing of the wig that all parties agree was worn by the perpetrator. Although DNA was found on the wig, the Alabama Department of Forensic Sciences lacks the technology to develop a profile. Thomas Arthur and his attorneys want to re-test the wig, using more advanced DNA technology. But the state of Alabama won’t allow it, even though the defense is willing to pay for the testing!

It is unacceptable that the state of Alabama is prepared to put a potentially innocent man to death rather than let him conduct a simple test that could prove his innocence. Write Governor Robert Bentley and urge him to allow Thomas Arthur’s legal team to conduct the DNA testing that could spare his life.

To petition Gov. Bentley with a prewritten message, follow this link. It will only take a couple of minutes if that.

When the state can kill one of its citizens, it’s important that the state turns over every rock first. In the case of Thomas Arthur, there is a rock and I don’t think asking the governor to turn it over is too much to ask.

Quote of the Day: MLK Day 2012 Edition

Martin Luther King Jr.’s “I Have a Dream” speech is unquestionably one of the most infamous famous speeches in American history. In listening to the speech today, I found the following passages that aren’t as often quoted to be some of the most powerful lines in the speech.

In a sense we have come to our nation’s capital to cash a check. When the architects of our republic wrote the magnificent words of the Constitution and the Declaration of Independence, they were signing a promissory note to which every American was to fall heir. This note was a promise that all men, yes, black men as well as white men, would be guaranteed the unalienable rights of life, liberty, and the pursuit of happiness.

It is obvious today that America has defaulted on this promissory note insofar as her citizens of color are concerned. Instead of honoring this sacred obligation, America has given the Negro people a bad check, a check which has come back marked “insufficient funds.” But we refuse to believe that the bank of justice is bankrupt. We refuse to believe that there are insufficient funds in the great vaults of opportunity of this nation. So we have come to cash this check — a check that will give us upon demand the riches of freedom and the security of justice.

America has come a long way since King delivered this speech. Racial and ethnic minorities have made great strides thanks to courageous individuals like King who made a stand for liberty and justice (and in King’s case, paid with his life) and we are all better off for it.

Here is the rest of the speech. Listen and be inspired.

GRANDMA GOT INDEFINITELY DETAINED (A VERY TSA CHRISTMAS)

Lyrics:

Grandma got indefinitely detained now
coming home to visit Christmas Eve
You could say she had a right to counsel
but some folks in the Congress disagree

she was flying home to our house
when she got checked by TSA
thought she might be Abdulmutallab
when they looked at her X-ray

Her hair had recently been colored
she paid cash for her Christmas gifts
two things apparently the Congress
says just might make you a terrorist

Grandma got indefinitely detained now
coming home to visit Christmas Eve
you could claim there’s no right to due process
but check the 5th amendment and you’ll see

they say they need to have these powers
to help protect this free country
but if it takes these steps to do so
what is it we are protecting?

Now she’s an enemy combatant
as if that makes any sense
the only thing that she’s combating
is her unpredictable incontinence

Grandma got indefinitely detained now
trying to come visit Christmas Eve
they took her rights in order to…protect rights..
the most genius plan ever in history

Grandma got indefinitely detained now
never made it home on Christmas day
she always wanted to live in Miami
at least now she’s 90 miles away

Quote of the Day: Bill of Rights 220th Anniversary Edition

December 15, 2011 marks the 220th anniversary of the Bill of Rights – at least what is left of them. Anthony Gregory’s article at The Huffington Post runs through the list of violations of these precious rights from the Adams administration’s Alien and Sedition acts all the way to the present day violations of the Bush/Obama years via the war on terror. I encourage everyone to read the whole article and reflect on what these rights mean to you on this Bill of Rights Day. If you read nothing else from the article, at least read Gregory’s conclusion:

Clearly, we fall far short from having Bill of Rights that we adhere to and that was designed for our future posterity over 220 years ago. In the end, it is public opinion that most restrains political power — not words on paper, not judges, not politicians’ promises. A population that is not decidedly and passionately against violations of their liberties will see their rights stripped away. If we want to have a Bill of Rights Day worth celebrating, we must demand that officials at all levels respect our freedoms — and not let the government get away with abusing them.

Gregory is right: preserving the Bill of Rights ultimately rests with all of us.

Institute for Justice’s Bone Marrow Donor Compensation Legal Challenge Prevails

Here’s a follow up to a story I linked back in 2009 concerning the Institute for Justice’s legal challenge to the National Organ Transplant Act of 1984 and the act’s applicability to bone marrow transplants. This is very good news for the roughly 3,000 Americans who die every year while waiting to find a bone marrow match:

Arlington, Va.—The Ninth U.S. Circuit Court of Appeals today issued a unanimous opinion granting victory to cancer patients and their supporters from across the nation in a landmark constitutional challenge brought against the U.S. Attorney General. The lawsuit, filed by the Institute for Justice on behalf of cancer patients, their families, an internationally renowned marrow-transplant surgeon, and a California nonprofit group, seeks to allow individuals to create a pilot program that would encourage more bone-marrow donations by offering modest compensation—such as a scholarship or housing allowance—to donors. The program had been blocked by a federal law, the National Organ Transplant Act (NOTA), which makes compensating donors of these renewable cells a major felony punishable by up to five years in prison.

Under today’s decision, this pilot program will be perfectly legal, provided the donated cells are taken from a donor’s bloodstream rather than the hip. (Approximately 70 percent of all bone marrow donations are offered through the arm in a manner similar to donating whole blood.) Now, as a result of this legal victory, not only will the pilot programs the plaintiffs looked to create be considered legal, but any form of compensation for marrow donors would be legal within the boundaries of the Ninth Circuit, which includes California, Alaska, Arizona, Hawaii, Idaho, Montana, Nevada, Oregon, Washington and various other U.S. territories.

[…]

Rowes concluded, “This case isn’t about medicine; everyone agrees that bone marrow transplants save lives. This case is about whether individuals can make choices about compensating someone or receiving compensation for making a bone marrow donation without the government stopping them.”

The Late David Nolan’s Indefinite Detention of U.S. Citizens Fears One Step Closer to Being Realized

Back in the 2010 mid-term election, Libertarian Party co-founder David Nolan ran as a Libertarian against Sen. John McCain for his seat in the U.S. Senate. Sadly, McCain easily won the election and Nolan died several weeks after the election and just two days before his 67th birthday.

During his debate with Sen. McCain, Nolan warned voters of what he called a “dangerous, evil, un-American” bill which McCain co-sponsored called S. 3081, the “Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010.” This bill would authorize indefinite detention of American citizens without trial. Nolan was so outraged by this bill he said that this was one reason he decided to run against Sen. McCain.

Sen. McCain brushed off Nolan’s comments saying that Nolan “may be a little bit biased.”

Fast forward just over a year later, Sen. McCain has sponsored another piece of legislation hidden in the National Defense Authorization Act for FY 2012 that is very similar. One of the more concerning aspects of the bill is Section 1031:

SEC. 1031. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE UNITED STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR USE OF MILITARY FORCE.

(a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.

(b) Covered Persons- A covered person under this section is any person as follows:
(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.
(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.
(c) Disposition Under Law of War- The disposition of a person under the law of war as described in subsection (a) may include the following:
(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.
(2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)).
(3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.
(4) Transfer to the custody or control of the person’s country of origin, any other foreign country, or any other foreign entity.
(d) Construction- Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.
(e) Requirement for Briefings of Congress- The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be `covered persons’ for purposes of subsection (b)(2).

The next section, Section 1032 adds some confusing language as to whether American citizens can truly be held indefinitely:

SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.

(a) Custody Pending Disposition Under Law of War-
(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.
(2) COVERED PERSONS- The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1031 who is determined–
(A) to be a member of, or part of, al-Qaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda; and
(B) to have participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.
(3) DISPOSITION UNDER LAW OF WAR- For purposes of this subsection, the disposition of a person under the law of war has the meaning given in section 1031(c), except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1033.
(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.
(b) Applicability to United States Citizens and Lawful Resident Aliens-
(1) UNITED STATES CITIZENS- The requirement to detain a person in military custody under this section does not extend to citizens of the United States.
(2) LAWFUL RESIDENT ALIENS- The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.

Christopher Anders, senior legislative counsel of the ACLU points out that the language contained in Section 1032 only applies to Section 1032. To put it another way, according to Section 1031 U.S. citizens can be detained indefinitely and even sent to another country without the normal civil liberties protections guaranteed in the Fifth, Sixth, and possibly Eighth Amendments.

Sen. Mark Udall (D-CO) introduced Amendment No. 1107 to the bill that would have mitigated much of the civil liberties concerns found in 1031 but it was soundly defeated by a 61-37 vote. Only two Republicans, Mark Kirk of Illinois and Rand Paul of Kentucky voted in favor of the Udall amendment.

Now the vote for the National Defense Authorization Act for FY 2012 is set for today, December 1, 2011. There isn’t much time left to stop this horribly unconstitutional bill from being passed.

This being said, President Obama has threatened to veto the bill if these sections are still in place when it hits his desk. I’m not quite sure how the president can say on one hand he can send drones to kill American citizens while on the other say he opposes indefinite detention of American citizens but a veto would be the correct response regardless.

President Obama might well veto this bill but I have no confidence that any of the Republican challengers would veto similar legislation in the future save Gary Johnson (who is sadly very much a long shot at this point), Ron Paul, or perhaps Jon Huntsman.

We can now see that David Nolan’s concerns he expressed in the 2010 debate were well founded after all.

Ron Paul CNN National Security Debate Highlights and Observations

For those of us who value our liberties, there were a plethora of things said in last night’s debate from candidates not named Ron Paul to be very distressed about. For starters, there was the debate about the USA PATRIOT Act and whether it should be renewed, strengthened, or abolished. Unsurprisingly, Paul explained how civil liberties have eroded due to the act and lamented how willing the other candidates were to surrender even more liberty in the name of security. Paul held up Timothy McVeigh as an example of a terrorist who was tried in the traditional criminal justice system and ultimately convicted. In response, Newt Gingrich said “Timothy McVeigh succeeded.” (How he would have stopped the OKC bombings is anyone’s guess but I can’t imagine it would have been inside the framework of the Bill of Rights.) Paul’s response was spot on.

Then Rick Santorum advocated the notion of racial, religious, and ethnic profiling. Paul once again brought up Timothy McVeigh as an example of someone who would not have fit Santorum’s profile and pointed out some of the “careless use of words” being used by the other candidates (i.e. “we are at war,” naming individuals “terrorists” without due process etc.) is further compromising our liberty.

Other topics included Iran’s nuclear ambitions, the foregone conclusion that the U.S. should intervene anywhere and everywhere there is a regime our government doesn’t like, the assumption that not a single penny should be cut from the “national defense” budget, and the drug war violence in Mexico (I really wish someone would have brought up Fast and Furious).

Overall, the debate was very unsettling but Ron Paul once again was the voice of reason and responded well to his challengers.

Are You or Someone You Know a Victim of the Drone Mentality?

Are you or someone you know a victim of what Glenn Greenwald calls “the drone mentality”?

[Emphasis original]

I was predictably deluged with responses justifying Obama’s drone attacks on the ground that they are necessary to kill The Terrorists. Reading the responses, I could clearly discern the mentality driving them: I have never heard of 99% of the people my government kills with drones, nor have I ever seen any evidence about them, but I am sure they are Terrorists. That is the drone mentality in both senses of the word; it’s that combination of pure ignorance and blind faith in government authorities that you will inevitably hear from anyone defending President Obama’s militarism.

If you are or have been a victim of this mentality don’t feel bad. I was once a victim of this mentality myself. I once believed that the government was completely incompetent domestically but somehow very efficient in its execution of the so-called war on terror.

The article continues [Emphasis original]

As it turns out, it isn’t only the President’s drone-cheering supporters who have no idea who is being killed by the program they support; neither does the CIA itself. […] Obama’s broad standards for when drone strikes are permitted, and noted that the “bulk” of the drone attacks — the bulk of them – “target groups of men believed to be militants associated with terrorist groups, but whose identities aren’t always known.” As Spencer Ackerman put it: “The CIA is now killing people without knowing who they are, on suspicion of association with terrorist groups”; moreover, the administration refuses to describe what it even means by being “associated” with a Terrorist group (indeed, it steadfastly refuses to tell citizens anything about the legal principles governing its covert drone wars).

Kill ‘em all, let [insert deity here] sort ‘em out…is this the policy for combating terrorism now? Is anyone else reading this disturbed by this?

[T]he internal dissent [inside the U.S. government] is grounded in the concern that these drone attacks undermine U.S. objectives by increasing anti-American sentiment in the region (there’s that primitive, inscrutable Muslim culture rearing its head again: they strangely seem to get very angry when foreign governments send sky robots over their countries and blow up their neighbors, teenagers and children)[…] Remember, though: we have to kill The Muslim Terrorists because they have no regard for human life.

Nah, that can’t be it. They hate us because of our freedom. Just ask John Bolton, Rick Santorum, and the rest of the Neocons who are chomping at the bit to start a war with Iran.

How is it that this drone mentality persists and what is the cure?

This is why it’s so imperative to do everything possible to shine a light on the victims of President Obama’s aggression in Pakistan, Yemen, Somalia and elsewhere: ignoring the victims, rendering them invisible, is a crucial prerequisite to sustaining propaganda and maintaining support for this militarism (that’s the same reason John Brennan lied — yet again — by assuring Americans that there are no innocent victims of drone attacks). Many people want to hear nothing about these victims — like Tariq — because they don’t want to accept that the leader for whom they cheer and the drone attacks they support are regularly ending the lives of large numbers of innocent people, including children. They believe the fairy tale that the U.S. is only killing Terrorists and “militants” because they want to believe it…

For far too long, I believed this fairy tale myself. I couldn’t handle the truth but I eventually saw the error of my thinking. Government is just as blunt an instrument on foreign battlefields as it is in virtually every domestic aspect of our lives but even more destructive and deadly.

How about you, can you handle the truth?

The truth (according to sources cited in the article) that between 2,359 and 2,959 people (nearly 200 of whom were children) have been killed in 306 documented drone strikes, 85% of which were launched during the administration of the Nobel Peace Prize winner President Barack Obama?

If you are willing to confront the drone mentality head on, I would strongly encourage you to read the rest of Greenwald’s article.

Quote of the Day: Libertarianism Edition

“Liberty. It’s a simple idea, but it’s also the linchpin of a complex system of values and practices: justice, prosperity, responsibility, toleration, cooperation, and peace. Many people believe that liberty is the core political value of modern civilization itself, the one that gives substance and form to all the other values of social life. They’re called libertarians.”

-From Cato Institute’s new website libertarianism.org

I haven’t had much time to check it out yet but I can tell there is some very, very, good stuff there. Essays, video, and audio from great thinkers such as Milton Friedman, Ayn Rand, F.A. Hayek, Murray Rothbard (just to name a few) as well as contemporary libertarian thinkers provide something for those who are curious about libertarian ideas and long time libertarians alike.

Peter Schiff to OWS: “I Am the 1% Let’s Talk”

Here’s a very fascinating video taken at New York’s Zuccotti Park where Peter Schiff has a dialogue with some of the Occupy Wall Street protesters. Schiff brought a sign that read “I Am the 1% Let’s Talk,” and talk they did.

One of the things that occurred to me watching this was how little true discussion is going on between the OWS movement and their critics. Notice how some of the protesters say things like “you rich people” or “you Republicans” etc. Just as its unfair for these protesters to lump everyone into these groups is a mistake, I think it’s also a mistake to assume that all of these protesters are clueless and don’t have some legitimate grievances.

Kudos to Peter Schiff for going out among the protesters and having this much needed conversation. There seems to be some common ground concerning these grievances; the real differences are what the solutions should be.

Quote of the Day: Americans Cheer the Assassination of the Fifth Amendment Edition

Glenn Greenwald writes in response to the overall positive reaction of the drone assassination of American born Anwar al-Awlaki:

What’s most amazing is that its citizens will not merely refrain from objecting, but will stand and cheer the U.S. Government’s new power to assassinate their fellow citizens, far from any battlefield, literally without a shred of due process from the U.S. Government. Many will celebrate the strong, decisive, Tough President’s ability to eradicate the life of Anwar al-Awlaki — including many who just so righteously condemned those Republican audience members as so terribly barbaric and crass for cheering Governor Perry’s execution of scores of serial murderers and rapists — criminals who were at least given a trial and appeals and the other trappings of due process before being killed.

From an authoritarian perspective, that’s the genius of America’s political culture. It not only finds way to obliterate the most basic individual liberties designed to safeguard citizens from consummate abuses of power (such as extinguishing the lives of citizens without due process). It actually gets its citizens to stand up and clap and even celebrate the destruction of those safeguards.

Sadly, among those that cheered this assassination of an American citizen are none other than pro war on terror libertarians Neal Boortz and Larry Elder. When Boortz heard that Ron Paul and Gary Johnson condemned the assassination, he called that notion “a bunch of horse squeeze.” After playing Ron Paul’s very well reasoned response explaining his objections, Larry Elder said that Paul “doesn’t get it” and “we are at war.”

I’m sorry gentlemen, I wasn’t aware that there was a “war on terror” exception to due process. But hey you guys are both attorneys who claim to hold the Constitution in high regard so what the hell do I know?

If there is anything our government does well its convicting people, putting them in prison, and/or executing them. If the government really had the goods on this guy, there’s virtually no chance he would have been found not guilty.

President Obama not only ordered the assassination of Anwar al-Awlaki but the Fifth Amendment as well.

Related: Obama: Judge, Jury, and Executioner in Chief

ATF Decides the Second Amendment Doesn’t Apply to Medical Marijuana Users

The AP via CNBC reports that the Bureau of Alcohol Tobacco Firearms and Explosives (ATF) says that it is illegal for medical marijuana users to purchase firearms or ammunition.

Federal law already makes it illegal for someone to possess a gun if he or she is “an unlawful user of, or addicted to” marijuana or other controlled substances. A Sept. 21 letter from the Bureau of Alcohol, Tobacco, Firearms and Explosives, issued in response to numerous inquiries from gun dealers, clarifies that medical marijuana patients are included in that definition.

“There are no exceptions in federal law for marijuana purportedly used for medicinal purposes, even if such use is sanctioned by state law,” said the letter by Arthur Herbert, the ATF’s assistant director for enforcement programs and services.

Federal firearm licensees, or FFLs, can’t sell a gun to someone who answers “yes” when a required form asks whether the buyer is a controlled substance user. Last week’s letter also says that licensed dealers can’t sell a gun or ammunition if they have “reasonable cause to believe” the buyer is using a controlled substance.

That includes if the buyer presents a medical marijuana card as identification, or if the buyer talks about drug use, having a medical marijuana card or a recent drug conviction, ATF spokesman Drew Wade said Wednesday.

[…]

Pro-marijuana and gun groups said the policy clarification amounts to rescinding the gun rights for the thousands of people licensed to use medical marijuana laws. And it appears to contradict a 2009 Department of Justice memo that said the Obama administration would not pursue prosecution of individual medical marijuana users who obey state laws.

[…]

Wade said both the 2009 memo and last week’s letter were approved by the Justice Department and he does not believe there is a contradiction in the two messages. He also that the dealers are in a good position to help prevent firearms from getting into the wrong hands.

Funny that the ATF’s spokesman would say he was worried about firearms “getting into the wrong hands.” Does the operation that is currently under investigation code named “Fast and Furious” ring a bell? The very operation where the ATF purposely allowed some 450 or so guns to “walk” across the Mexican border eventually arming the drug cartels? If this isn’t a scandal that calls out for a special prosecutor to investigate the Obama administration, I don’t know what does!

But for the very same ATF to then issue a letter saying that medical marijuana users have to choose between their Second Amendment rights and their medical treatment is beyond the pale.

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