Newest Political and Civic Thoughts

20 Things You Should Know About the Bill That Could Ruin America by Lauri Apple

found here

Last week the U.S. Senate passed 93-7 a version of the National Defense Authorization Act that includes provisions giving the military the right to detain you forever and without charge if they think you're some kind of terrorist. Consider it an early holiday present! There is no exchange policy, sorry.

President Barack Obama can get rid of the Act's indefinite detention provisions by using his veto powers. He says he might do just that, so there is hope. But Hopey could also change his mind at the last minute and let the language become law. Civil libertarians from all sides of the political spectrum are very anxious about the final call he'll make.

Even though you can't do much to prevent the provisions from taking effect, here's a list of 20 details about them. Maybe the info will come in handy when you finally flee to Saudi Arabia ISO political refugee status and have to explain how your country was oppressing you:

• 1. The provisions were passed as part of the National Defense Authorization Act (NDAA)—enacted for the last 48 years or so to provide funding for the military and all our wars. (The act for fiscal year 2012 awarded $662 billion for defense spending.) Sen. John McCain (R-AZ) and Carl Levin (D-MI) took the lead in promoting them, making passage abipartisan effort/failure.
• 2. Initially the provisions passed in a closed-door committee meeting, without a single hearing. The Senate didn't want to spoil the surprise for everybody.
• 3. Because of the provisions, the NDAA now says the military can detain anyone deemed to be "a part of" or deemed to have "substantially supported" Al Qaeda, the Taliban, or "associated forces." You can be on the battlefield, or you can be PayPaling money to your local terrorist cell while sipping your latte at a Starbucks—doesn't matter. Even though we captured Saddam, Osama, and Anwar al-Awlaki, these powers are still necessary. Don't question.
• 4. The bill grants power to the military to arrest U.S. citizens on American soil and detain them in military prisons forever without offering them the right to legal counsel or even a trial. This isn't a totally new thing: "dirty bomb" plotter Jose Padilla spent three-and-a-half years as an "enemy combatant" until he was finally charged. But Padilla's detention was unusual and sparked a huge outcry; the new provisions would standardize his treatment and enable us all to become Jose Padillas.
• 5. Some people are trying to say that language regarding indefinite detention (Section 1031) doesn't apply to American citizens, but it does. However, the mandatory detention requirement (Section 1032) includes an exemption for American citizens, which means the military doesn't have to imprison you forever and ever "unless ordered to do so" by the president. You better remove that Nobama bumper sticker from your truck.
• 6. The provisions could last as long as fruitcake lasts. We covered this earlier.
• 7. Many important people oppose the provisions, including FBI Director Robert Mueller, the CIA, the military, Secretary of Defense Leon Panetta, the head of the Justice Department's National Security Division, the Director of National Intelligence, and your mom (unless she's a U.S. senator).
• 8. A group of 26 retired generals and admirals wrote a letter to the Senate saying the provisions "reduce the options available to our Commander-in-Chief to incapacitate terrorists," and will "do more harm than good." The Senate obviously ignored them.
• 9. According to Sen. Rand Paul (R-KY), who opposes indefinite detention of U.S. citizens, an American can be deemed a "terrorist" after just one hearing. Finally, the government promises to work efficiently on something.
• 10. Sen. Mark Udall (D-CO) tried to kill the provision on indefinite detention with an amendment that required Congressional review of these brand-new military detention powers, but his effort failed 60 votes to 38.
• 11. All the Republican senators supported the provisions except for Paul and Sen. Mark Kirk (R-IL).
• 12. Former Vice President Dick Cheney was in attendance for the vote on behalf of thewaterboarding lobby. Every time he heard the words "indefinite detention," he got an erection.
• 13. None of this stuff will ever affect people who are innocent of terrorism-related crimes, unless the government wrongly accuses them.
• 14. As pointed out by Salon columnist Glenn Greenwald, the provision dispenses with Article 3, Section 3 of the Constitution, which provides that nobody can be punished for treason without heightened due process requirements being met." Goodbye, Art. 3 Sec. 3! Send our regards to the 4th, 8th, and 14th Amendments.
• 15. Sen. Lindsey Graham (R-SC), one of the provisions' most vocal supporters, put it this way to the New York Times: "Citizens who are suspected of joining Al Qaeda are opening themselves up 'to imprisonment and death ... And when they say, "I want my lawyer," you tell them: "Shut up. You don't get a lawyer. You are an enemy combatant, and we are going to talk to you about why you joined Al Qaeda."'" Shut up, fool! Lindsey Graham hates it when you talk.
• 16. Some of the senators who passed this shit don't really know what they are talking aboutwhen they talk about "enemy combatants" and their status under existing law.
• 17. President Barack Obama has stated he'll veto the provisions because they would "raise serious and unsettled legal questions and would be inconsistent with the fundamental American principle that our military does not patrol our streets." They're also confusing.
• 18. The provisions will militarize America even further and—in Graham's words—"basically say[s] in law for the first time that the homeland is part of the battlefield." Your backyard is a microcosm of the war on terror. Just think of that every time you host a barbecue.
• 19. They could disappear from the NDAA if the House and Senate conferees who meet in conference committee this week decide to get rid of them.
• 20. Texas Republicans have somehow worked sex with animals into all this.

Now for the good news: Greenwald at Salon says none of this indefinite detention without a lawyer stuff changes the status quo that much. It only codifies what's already been happening in the U.S. for the past few years. So you've been living under these conditions for a while now, but look—you're still not in jail. Just be more careful about what sorts of opinions on the government you post on Twitter, and don't say anything nice about Al Qaeda, and you'll be fine.

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Turns out that if you put "How to write a letter to the president" in Google, you find a formatted website that allows you to write a letter to President Obama. So, today, I did. I figure it's only going to get read by some intern - which I even put in the letter - so, what the heck? Balls out, let's get real.

Let me know what you think of it... gently.

Dear President Obama,

I voted for you, danced on Election Day 2008, and still support you today. Unfortunately, it feels as though I have to support (aka, "defend") you more and more frequently as of late. And, even more unfortunate: my husband and I are leaving the country because we do not see the progress that needs to be happening in our country; we, instead, see a scary, oppressive, and - quite frankly - expensive future for the United States of America.

Why are we in a state of panic about the debt ceiling when the largest expenses we have as a nation are three very unpopular wars? Why isn't every citizen required to pay the same percentage of their annual income into federal taxes, a percentage that is more appropriate along 10-15%? Why has everything been allowed to become so bipartisan and angry instead of calm and rational?

I spent three years serving my country in the U.S. Peace Corps and lived in a country where the political parties were “in power” and the “opposition”. That meant they made it their duty to “oppose” everything – no matter how logical it was – that was set forth by the party “in power”. I was proud to come from a country where our politicians would work and play nicer than that with one another. I can’t really say I have that pride anymore.

And I know that is not your fault; everyone groaned to hear about Boehner walking out on talks with you regarding the debt ceiling. But, with all due respect and with the best of intentions for you, Mr. President, and this once-great nation of ours, it is time to for you to man up, sack up, or whatever other phrase it takes for you to get cocky, angry, and determined. One reason I voted for you was because of your diplomacy, but that is only going to get this nation so far. I am a good Southern anthropologist who knows how to talk with people diplomatically; but I also lived in New York for four years and know that, sometimes, it takes some attitude to get things decided.

I realize that this is a letter which will probably not make it past some intern aide who will respond with an automated, pre-approved letter, but I wanted to to use this freedom to contact you that I have as an American! I want to let you know that, while I still support you and can never regret voting for you, I am no longer a “Democrat” though I could never really be a “Republican” either. I am simply “Logical” and am saddened everyday that this is not a part of “the aisle” in Washington, DC.

Sincerely,

Cory W..., MS, MPH