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News Link • Habeas Corpus

Chuck Baldwin: John McCain's Attack on Liberty

• newswithviews.com/baldwin
 
S.3081, a bill that would authorize the federal government to detain American citizens indefinitely without trial, and S.3002, a bill that would authorize the federal government to regulate vitamins, minerals, and virtually all health and natural food products. According to Examiner.com, "Last week, John McCain introduced a bill into the U.S. Senate which, if passed, would actually allow U.S. citizens to be arrested and detained indefinitely, all without Miranda rights or ever being charged with a crime." The Examiner report continued by saying "This bill, introduced by McCain, who despite overwhelming evidence, claims to be a 'conservative,' would not only take away our right to a trial, but would also allow the federal government to arrest and imprison anyone the current administration deems hostile. "Of course, that would be the same administration whose Homeland Security Secretary has classified veterans, retired law enforcement, Ron Paul [and Chuck Baldwin] supporters, and conservatives as 'terrorists.'" The Examiner report concluded by saying "If it was not clear before, it should be now that John McCain has as little respect for the Constitution as he does for our borders." Amen! If Juan McCain gets his way, your constitutional right to a speedy trial by jury is gone, as well as your constitutional right to Habeas Corpus. But, of course, they would attempt to justify this by claiming it is being done in the name of national security and the war on terrorism. See the Examiner report here. Regarding McCain's desire for the federal government to take over the vitamin industry, attorney Jonathan Emord wrote, "If you had any doubt about whether John McCain is a limited government conservative, you may put that doubt to rest--he is not. On February 3, 2010, John McCain introduced to the United States Senate the Dietary Supplement Safety Act of 2010. Reflecting upon this poorly written bill, I am struck by the fact that John McCain apparently sees little difference between fissile material and dietary supplements.

1 Comments in Response to

Comment by Ross Wolf
Entered on:

Under the Constitution, planned D.C. Rallies against Obama’s health bill are legal. If some demonstrators have fistfights with the opposition, generally noncombatant protesters minding their own business are not charged with a violent crime. But that could change if Sen. McCain’s Senate bill S.3081 introduced 3/4/10 is passed: “The Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010.”

Under S.3081, an “individual” need only be “suspected” by government of having “supported hostilities” against U.S. Government to be indefinitely detained in military custody as an Unprivileged Enemy Belligerent—for having “purposefully and materially supported hostilities against the United States.” Being present at a protest where violence took place might cause the detainment of any person or group that "supported" speaking out or demonstrating disapproval against an agency or branch of U.S. Government. Under S.3081 how could "noncombatant protesters arrested" at a Rally prove they did not purposely support hostilities? Government will have the power to detain and interrogate any individual without probable cause. S.3081 lends itself to being used by a corrupt U.S. Government or agency against lawful dissenters.

McCain’s bill has the potential of spawning domestic terrorism in the United States. Consider how Americans might respond should Government use this bill to take away their loved ones, family members and friends on mere suspicion. It is foreseeable many Americans might go underground to Resist Government Tyranny. Definition for Unprivileged Enemy Belligerent: (Anyone Subject to a Military Commission)  

At least under the Patriot Act law enforcement generally need probable cause to detain a person indefinitely. Passage of S.3081 will permit government to use mere suspicion to curtail an individual’s Constitutional Protections against unlawful arrest, detention and interrogation without benefit of legal counsel and trial. According to S.3081 Government is not required to provide detained individuals U.S. Miranda Warnings or even an attorney.

Similar to fascist laws in other countries, S.3081 if passed will frighten Americans from speaking out. S.3081 is so broadly written, it appears any “individual” who writes on the Internet or verbally express an opinion against or an entity of U.S. Government or its coalition partners might be detained on the basis he or she is an “unprivileged enemy belligerent”, “supporting hostilities against U.S. Government.”

See McCain Senate bill S.3081 at:

http://assets.theatlantic.com/static/mt/assets/politics/ARM10090.pdf

FYI: below is enclosed a copy of “Hitler’s Discriminatory Decrees signed February 28, 1933.” Although the Nazi Decrees are written differently than S.3081, the McCain bill could bring America to the same place trashing free speech and personal liberty. Note how the Nazi Government in Section (1) and (4), similar to U.S. S.3081, suspend personal liberty— shutdown Free Speech to intimidate Citizens speaking out against Government:

See 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.”

Similar to McCain’s S. 3081, but using different wording the Nazi Government in Section (4) see below, suspended Constitutional rights, ordering the arrest of Citizens for any Act that might incite or provoke disobedience against state authorities. McCain’s S. 3081 instead mentions detaining and prosecuting Individuals for “supporting hostilities” against U.S. Government. S.3081 is so broadly written anti-war protesters Tea Party Groups might be arrested and detained just for attending demonstrations.

See 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 Reichsmarks.

It should be expected under S.3081 that government would use an individual’s phone call and email information to allege without probable cause “suspicious or hostile activity against the United States.” It does not appear U.S. Government will stop wiretapping Citizens' electronic communications.

DECREE OF THE REICH PRESIDENT FOR THE PROTECTION OF THE PEOPLE AND STATE

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 Reichsmarks.

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

 


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