Thanks to Obama Doing Away with Habeas Corpus, Protesters Can Now Be Held Indefinitely Without Trial by King Donald the Rich

by Scott Creighton

They don’t call it “left cover” for nothing, do they?

These days, like the Brownshirts of days gone by, fake “alternative” gurus like Jeff Rense and Di$info Jone$ are squawking about attacking and locking up anti-Trump protesters. High on their Tangy Tangerine enemas and homosexually fortified juice boxes, these one-time pretend defenders of our constitutional rights screech endlessly about bashing the dirty commie lefty hipsters who dare oppose the wishes of King Donald the Rich.

Is it any surprise that they seem blissfully ignorant of the worrisome fact that their glorious neoliberal leader is in the process of having DHS categorize protesters as “domestic terrorists”?

“The United States government considered Nelson Mandela a terrorist until 2008. Mandela was a designated terrorist 18 years after he was released from prison, 15 years after he won the Nobel peace prize, and 14 years after he was elected president of South Africa…

Earlier this week, we learned that people in Portland organizing against police killings of Black men, white nationalist politicians, and the countless systems of racism throughout our local, state, and federal governments are now considered “domestic terrorists” by Department of Homeland Security. Why? Because the Portland Police Bureau labeled the November 10, 2016 protest a “riot.” ACLU March 2017

Too say this is a troubling development doesn’t go nearly far enough but remember, President Trump is only capable of doing this because of President Peace Prize and the magic of left cover.

At midnight on New Year’s Eve, President Obama signed the NDAA 2012 into law complete with a little section that did away with Habeas Corpus and opened up the entire world as the battle ground between the forces of good (the CIA) and the forces of evil (anyone opposed to our “national interests” liquidating their nation and ruining their lives for “the greater good”)

The key part of that little quiet piece of legislation was the part that said the entire world was the battle field because that meant the United States as well.

For the record, that is also the provision that allowed the CIA to propagandize citizens of the United States and to operate (do their dirty little deeds) on U.S. soil.

Some journos got worried and took the thing to court where they won easily… but President Strike a Pose did away with that little speed-bump on his way to fascism.

While many “truth speaking” pundits on Youtube are talking about this stuff today, few gave a shit back then. But I did.

Endless and boundless war unconstrained by constitutional protections didn’t seem like a good idea to me at the time and it seems like even less of a good idea now that a man with such little self confidence and a massive ego sits on his tiny little hands behind the desk in the Oval Office waiting for someone to tell him what he thinks.

King Donald the Rich, born with a platinum card up his ass, who just submitted a proposed budget with a 14% cut in Public Education so his billionaire Jesus-freak privatizing fan of an Education Secretary can privatize the whole kit and kabootle, can and will start talking about protesters in this country the same way Bush and Obama talked about them in occupied Iraq and Afghanistan: as terrorists.  The worse the neoliberal austerity he commits us to, the more protesters he will see and the more he will lock up, without trial and without limit.

President Trump’s Director of Homeland Security oversaw the occupation of sections of Iraq for many years before returning home. He feels the war against “the terrorists” will go on for many years and take on many new forms. That’s a promising thought for Homeland Security Director, huh?

This is troubling indeed. Here, watch Jimmy Dore chat about it for a few minutes. My leg hurts.

So does my head.

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36 Responses

  1. Scott,
    I just shared this post earlier this week regarding this sort of thing happening in Memphis, TN…

    “When it mentions “other law enforcement agencies” they more than likely mean the Memphis Police Department’s Bureau of Homeland Security [see this: http://www.fox13memphis.com/top-stories/community-members-respond-to-city-hall-list/495918988%5D. The Department of Homeland Security is modeled after the CIA’s Phoenix Program from the Vietnam war, which specifically targeted civilians. Isn’t it comforting that a CIA program in a wartime environment is being used domestically to target Memphians? And this is all thanks to the successful September 11, 2001 false flag operation carried out by elements within our own CIA and the Israeli Mossad [and beyond, see this: https://jdavismemphis.com/taboo/who-really-did-911/%5D.”

    Documents Detail MPD Surveillance Of Peaceful Protests http://www.localmemphis.com/news/local-news/documents-detail-mpd-surveillance-of-peaceful-protests/671425811

  2. All that’s needed now is a few agents provocateur to start throw firecrackers the next time folks take to the streets and we’ll see our privatized correctional facilities bursting at the seams … FEMA camps anyone?

    • Scott has correctly noted that the FEMA camps will be forced labor camps. Such camps are inevitable, since they will be privately owned, and since the profits of the rich (who own the politicians) must be boosted at all costs.

      I claim that all empires are ultimately destroyed by one of two things.

      [1] A catastrophe such as a war or prolonged drought.
      [2] Neoliberalism — i.e. profits over people. With neoliberalism, oligarchs are a cancer, sucking all human energy until they kill the body politic.

    • So that’s how he’s going to get his ‘uge wall built and keep infrastructure spending under budget! Why, he could amass a large pool of itinerant prisoners to shuffle all around the country, from one camp to another.
      But wait; didn’t he say they were going to cut the FEMA budget to finance some other stuff? I guess the accommodations will be tents, privies dug in the ground, and ankle chains. How apropos when we’ve got a holdover from the antebellum days helming the “Just-us” dept.

  3. Jimmy Dore says that any U.S. citizen can now be imprisoned for life without charge or trial.

    Hold on a moment.

    In 2012, Rep. Justin Amash (R-Mich) and Rep. Adam Smith (D-Wash) sponsored an amendment to the NDAA which overturned Section 1021 (the “indefinite detention” part). On 18 May 2012 the House voted down this amendment 238-172.

    However that very same day, the House voted 243-173 to uphold another amendment which guaranteed that Section 1021 did not apply to U.S. citizens, and did not remove their habeas corpus rights. This amendment was sponsored by three Republicans (Louie Gohmert of TX, Jeff Landry of LA, and Scott Rigell of VA).

    I’m saying we should look closely at these things before we panic. Some issues are even worse than we fear. Other issues are not as bad as we fear. One issue we should truly fear is Trump’s plans for “infrastructure improvement” that involve mass privatization. (Continued)

    • Still, Jimmy’s point (and Scott’s) (and mine) is that “left cover” is extremely dangerous for average Americans, and that fake leftists are our deadliest enemy.

      Incidentally, Jimmy Dore mentioned federal judge Katherine Forrest. On 16 May 2012, Forrest issued a preliminary injunction against enforcing the “indefinite detention” part of the NDAA, saying the law was too vague. On 17 July 2013, Obama’s lawyers in the Second Circuit voted unanimously to overturn Forrest’s injunction. On 28 April 2014 the US Supreme Court declined to hear the case, leaving the Second Circuit decision intact. Thus, the fake leftists (i.e. Democrats) won again.

      I’m so sick of these fu*kers.

    • well, if you read my work on the subject, I don’t talk about sec. 1021 (which, I have an article written back then that says “as written, Sec. 1021 does not apply to U.S. citizens”) but rather the other two, the most important of which opens up the entire globe as the battle field. That’s why I mention it in my new article.

      Now if you say this doesn’t apply anymore, you’re wrong. The court case, as you admit in the other comment, did go through and the ruling was overturned so yes, indeed, the court system in America sees the president as within his rights to detain U.S. citizens and hold them indefinately without trial if they are deemed “terrorists” or in “material support of terrorists”

      but yes, you are correct. all too often sec. 1021 is cited by folks who dont know whats going on when in fact it was slightly modified by is not the problem with NDAA 2012.

      • If I interpret you correctly, you are admitting that the NDAA grants habeas corpus rights to U.S. citizens, but the court system does not. Perhaps, but I note that Judge Forrest’s preliminary injunction was against the entire section 1031, and made no distinction between (a) foreigners and (b) U.S. citizens. That injunction is what Obama’s appellate justices overturned.

        This issue generated so much opprobrium that by 2013 the NDAA included section 1033, which specifically forbids U.S. citizens and lawful permanent residents from being denied their habeas corpus rights. See https://www.govtrack.us/congress/bills/112/s3254/text

        QUESTION: The NDAA is a yearly military spending bill. Does an amendment to the NDAA apply only to that fiscal year’s NDAA, or does such an amendment become a permanent law? I must review this.

        Ultimately this is all academic. Laws and the U.S. Constitution mean only what rich oligarchs decide they mean. No more and no less. If they want U.S. citizens in prison without trial, then they will get it. Period.

        • no I did not say NDAA grants habeas corpus rights to U.S. citizens.

        • sec. 1033 of the 2016 NDAA is : “Sec. 1033. Prohibition on use of funds for transfer or release to certain countries of individuals detained at United States Naval Station, Guantanamo Bay, Cuba.”

          • In the link I provided above, the actual text says the 2012 NDAA, “Shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States apprehended in the United States, unless an Act of Congress expressly authorizes such detention.” And, “Paragraph (1) shall not be construed to authorize the detention of a citizen of the United States, a lawful permanent resident of the United States, or any other person who is apprehended in the United States.”

            Still, as I said before, what matters is not NDAA laws or the US Constitution, but the will of the rich. If they want U.S. citizens imprisoned for life without a trial, it will happen. It’s all about “national security.”

            • what you linked to was the Feinstein Amendment which many claimed fixed the NDAA 2012 providing protections for American citizens against indefinite detention. It did not. again as I have stated before, the problem lies in 1033 (a):

              “First, section 1033 still speaks to ‘detention’ of persons within the USA – as in indefinite detention without charge or trial. And the Constitutional rights purportedly preserved by section 1033 of the 2013 NDAA are likely only the limited protections that are already judicially required under Hamdi and Boumediene for indefinite detention; the right to a limited Habeas review in an Article III Court wherein the Constitution does not require numerous procedural safeguards available in normal criminal proceedings. Section 1033 of the 2013 NDAA only appears to be a mere legislative codification of these limited Hamdi andBoumediene indefinite detention procedures. Importantly, the President’s 2012 NDAA authority to dispose of persons captured in the USA — including U.S. citizens – through military tribunal and extraordinary rendition are not curtailed.

              Unfortunately, the Feinstein Amendment to the 2013 NDAA may also do little to fix the multitude of problems with the 2012 NDAA, because it 1) may reaffirm the limited indefinite detention Due Process articulated inHamdi and Boumediene, 2) does not restrict military tribunals with numerous Due Process infirmities for persons within the USA, 3) and it does nothing to limit extrodinary rendition.”

              I guess the question comes down to a couple things. What is detention? What is considered a trial? And more importantly, what are “charges”?

              “…shall not authorize the detention without charges or trial of a citizen or lawful permanent resident of the United States apprehended in United States”

              It says nothing about keeping it out of a military court. I don’t think it does anyway. It also doesn’t say they cant be held in a military stockaid, does it?

              Of course there will be charges. Again, they are trying to charge those protesters with “domestic terrorism’ aren’t they? So that takes care of that.

              And with regard to trial. It says nothing about a speedy trial or even a right to legal representation that I can see. It also says nothing about being tried in a civilian court of law.

              “The Constitutional protections in military tribunals are still woefully inadequate for a civilian arrested within the USA. The right to confront accusers is limited because significant testimonial hearsay can be admissible, the jury is composed of military members instead of peers, an unanimous verdict is not necessary for conviction, Miranda warnings are not applicable and search warrants are not required for admission of evidence. Importantly, Article III, Section III’s requirement that treason be proved by the testimony of two witnesses to the same overt act may not be applicable.”

              Lastly, the section you are talking about was written by Diane Feinstein. Not what I call a real defender of our constitutional rights. She called for a full on probe into “domestic terrorism” back in 2015.

              Yes, after a great deal of negative press, they tried to produce something that would make folks feel like they fixed the issue. But did they? I don’t think they did and apparently a lot of others dont think they did either. You happen to be one of those who bought the trick. I hope you are right. I hope they cant treat us like enemy combattants. But, I don’t think so. And I don’t think coming here citing Diane Feinstein is going to win you any converts on this website either.

              fact is, the “global battlefield” provision is still in place, is it not? And that opens up a whole shit-load of cans of worms.

              source

              http://www.civilfreedoms.org/?p=14710

        • Yep, I don’t think it is coincidental that those juice box sipping, chastity belt-wearing brownshorts are bitching about the “so-called” judiciary.Today Rush Limpstick was practically calling for his followers to lynch judges that disagree with our dear leader. They seem to be anxious to wreck whatever is left of the justice system.

          And I suspect you’re right that the Empire will make its own rules as needed. The constitution (or magna carta for that matter) hasn’t been all that great at preventing executive over reach as far as I can tell. Seems like these NDAA policies are intended to reassure military commanders that their asses will be covered by precedent. Otherwise you might have officers refusing to carry out illegal orders, like say rounding up oil pipeline protesters.

          • The judges stopping POTUS’ EO on immigration are the ones “anxious to wreck whatever is left of our justice system”. The President is clearly authorized by law and Constitution to limit immigration as he sees fit.

            The “Brownshirts” in today’s America are the same as those of Nazi Germany. Leftwing radical extremists, btw. You don’t see those on the right fomenting violence and terrorizing the citizenry. Guess I’ll segue into my other comment.

            Terrorism – the unlawful use of violence and intimidation, especially against civilians, in the pursuit of political aims.

            If that doesn’t define what we’ve been seeing in the streets since Mike Brown (Black Lives Matter) culminating in Trumpphobic (“antifa”= the epitomy of fascism), Black Bloc, etc, I don’t know what is. See Berkeley riot over Milo,Middlebury College over Charles Murra, or various Trump rally riots during the campaign season (Chicago, Albuquerque, San Diego come to mind)..

            Constitutionally protected “Peaceable Assembly” does not include rabid mobs preventing fellow citizens from attending Trump rallies, college talks, or simply driving from point A to point B, blocking interstates & starting semi trailers on fire(MN) or dragging drivers out of their cars and beating them near to death(var).

            I hardly envision FEMA camps or Gitmo in the future for these leftwing terrorists. I DO HOPE some time behind bars is, however!

            Alright, let my beat down begin 🙂

  4. Today Trump released his proposed FY 2018 budget. Congress will now start the long process of modifying Trump’s proposal. The final outcome will declare who gets discretionary federal dollars (created out of thin air).

    Trump’s proposal has something for everyone, including authentic progressives. For example, Trump wants to reduce funding for Big Pharma’s vaccine hoax enablers (aka the CDC) and for debt pushers like the World Bank, and for left-cover outfits like NPR.

    On the other hand, Trump wants to reduce federal funding for Amtrak. That will make right-wing asshole happy.

    We can scream about Trump, but it is actually up to Congress to decide who gets candy in his stocking, and who gets a rock, like the Charlie Brown character.

    Two things are certain…
    [1] Wars and neoliberalism will continue
    [2] So will the mass delusion that federal dollars are physical and limited, and that the U.S. government needs tax revenue, and that an increase in one federal program necessitates a decrease in another.

    • Have you ever wondered why, during the worst part of the 1930s Depression, no federal agency faced any funding problems at all? Average Americans starved, but federal bureaucrats did not. Why? Because the U.S. government (unlike average Americans) creates its spending money out of thin air.

      • The well is bottomless, infinite, and inexhaustible, but they tell you it is “dry” in order to make you grovel for every drop. And you MUST grovel, since everyone around you believes the lie.

        • Not only money creation, Elizabeth, it’s also to do with the CAFRs. Check out the cafr site run by Walter Burien, he’s also on youtube. There is a two-tier accounting structure in this nation, the US isn’t really in debt as they claim.

          • I’ll check it out.

            Regarding debt, we have catastrophic private debt (mortgages, business debt, credit card debt, medical debt, school loans, etc).

            However the public debt is trivial (the so-called “national debt”). When you deposit money in a bank, you lend your money to the bank. The “national debt” is simply money that people have deposited in Fed savings accounts. (To buy a T-security is to deposit money in a Fed savings account.) The Fed could zero out the “national debt” at any time, simply by transferring money from Fed savings accounts to people’s regular checking accounts. That money already exists. Nine of this has any effect whatsoever on the U.S. government’s solvency. The U.S. government does not borrow its spending money. The government creates it out of thin air.

            Politicians, central bankers, and wealthy oligarchs understand this, but the peasants reject the truth. That’s why they remain peasants.

            • PUBLIC debt (the “national debt”) is irrelevant. All politicians (and people like Lew Rockwell) are liars about the U.S. public debt.

              By contrast, PRIVATE debt will destroy the Empire, as it did the Roman Empire.

    • Love the Charlie Brown reference. Perfect!

  5. @elizabethharris001: I was redbaited for bringing up “monetary sovereignty theory” and mentioning that a government capable of bailing out a banking sector with trillion-dollar holdings should be able to fund universal healthcare, in my communications college class. Lovely.

    • You should be proud. That’s what college is for. To learn to think and synthesize what really exists in reality from the fragmented and disjointed pieces of information, misinformation and disinformation available. Sometimes one has to push through the barriers of bad teachers as well. Try to find the good teachers. There are fewer and they are being tolerated less and less, but they are still out there. Soon they will have to learn to disguise themselves from the majority of even their students, as we are now moving into another era where real teachers will be turned in to the party by their own students.

    • Bernanke admitted the truth many times, as has Trump. Below, Greenspan admits the truth

    • By the way, were you “redbaited” by the teacher, or by your fellow students? I suspect it was both.

      Most people would rather die (literally) than stop believing the lies that make them peasants and slaves.

    • Who is the most cement-headed of all regarding this money topic? It is not the right-wing “deficit hawks.” They LOVE federal spending, as long as the money goes only to the rich.

      No, it is the “public banking” clowns. They say that no bank should be privately owned, and I agree with that, but they also claim that all money (ALL money) is created by banks as loans. They claim that there is no government spending; only government borrowing from bankers, as though the USA is Greece. Their delusion is quite impenetrable. An example is Ellen Brown and her countless disciples. I met Ellen once and tried to talk some sense into her, but she was too “brilliant” to listen to facts and logic.

    • “Socialism for the rich, capitalism for the poor,” as always. Corporate welfare is rampant, yet so many people balk at things for the greater good. I’ll never understand it.

  6. All the more ironic that repeating Bernanke and Greenspan in their official capacities, still marks you as an isolated crank. It’s like North America (from my experiences in both the USA and the land of the Aztecs) is all too eager to discard the evidential reasoning of European philosophy from the Renaissance onwards. Elizabeth is right that labels are more important than real content today.

    • When we want to attack someone because they receive federal dollars, it is convenient to claim that the U.S. government is “bankrupt,” and “needs tax revenue.” For example, right-wingers claim that social programs are “draining the federal coffers.” Leftists say no, it is the refusal of large corporations to pay enough taxes. In reality there are no federal “coffers,” and no federal “trust funds.” These are all fictions, like the emperor’s new clothes. In fact, technically the U.S. government has no money at all. The U.S. government CREATES money. (So do banks, but as loans.)

      Most people don’t want to hear the truth, since the truth would remove their reasons for complaining.

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