A Creeping New Nazism


Military Police State


On Tuesday 60 members of the United States Senate voted to preserve a provision in the National Defense Authorization Act—that would be the bill that funds the Pentagon—allowing the U.S. military to pick up and detain, without charges or trial, anyone suspected of terrorism, including American citizens, and to restrict transfers of prisoners out of Guantanamo Bay. Specifically, 60 senators voted against an amendment that would have invalidated the part of the bill which empowers the president and the military to detain anyone they suspect was involved in the 9/11 attacks or supports al-Qaida, the Taliban, or “associated forces that are engaged in hostilities against the United States or its coalition partners.”
There are two disputed sections of the bill, as Charlie Savage explains. One “would require the government to place into military custody any suspected member of Al Qaeda or one of its allies connected to a plot against the United States or its allies. The provision would exempt American citizens, but would otherwise extend to arrests on United States soil. The executive branch could issue a waiver and keep such a prisoner in the civilian system.” The second provision “would create a federal statute saying the government has the legal authority to keep people suspected of terrorism in military custody, indefinitely and without trialIt contains no exception for American citizens.”
So forget the presumption of innocence. Forget the protections of the Constitution. If you are suspected of terrorism, you may be held indefinitely, maybe even shipped off to Guantanamo. And in this war that will last forever and play out on every square inch of the planet, the chances that these new powers will ever be rolled back are negligible. Even long after the war on terror has waned.
There may be no good outcome here. It could be an unholy victory for both the prospect of unbridled executive power and for the collapse of any meaningful separation between domestic law enforcement and military authority. The law manages to expand the role of the military in domestic terror prosecutions and also limit the authority of the civilian justice system to thwart terrorism. These were legal principles to which even the Bush administration said they adhered.
As Adam Serwer explains: This new legislation will “overturn a precedent that was followed almost without exception by the Bush administration: Domestic terrorism arrests are the province of law enforcement, not the military.” Raha Wala of Human Rights First notes that “authorizing the military to detain terror suspects apprehended within the United States clearly goes against the spirit of the Posse Comitatus Act, a law that has prevented the military from taking on domestic law enforcement functions since the Civil War.” If you think the blurring of domestic policing and military authority is an Orwellian fantasy, you may want to consider the treatment of Occupy Wall Street protestors in recent weeks, or Mayor Michael Bloomberg’s claim that “I have my own army in the NYPD, which is the seventh biggest army in the world.”
My view:

It is very troubling to see this latest development in the Senate.

The constitution is being violated again by this law which expands the reach of the military and office of the president, trumping the rights of American citizens.

It appears that each time a crisis comes along, both members of government, and the wealthy elite, change laws that consolidate power in their favor.  

Each time this happens, we move farther away from the original rights and freedoms the constitution intended each of us to have.

If this continues much longer, it will have far reaching effects.  Ordinary citizens could be labeled as "terror suspects" or "unpatriotic" or participating in "suspicious" activities.  The corporate controlled media could be used to encourage the public to report anyone doing anything that does not conform to the officially approved doctrine.  

This should cause us to pause a moment and contemplate the words of Alekandr Solzhenitsyn:

“And how we burned in the camps later, thinking: What would things have been like if every Security operative, when he went out at night to make an arrest, had been uncertain whether he would return alive and had to say good-bye to his family? Or if, during periods of mass arrests, as for example in Leningrad, when they arrested a quarter of the entire city, people had not simply sat there in their lairs, paling with terror at every bang of the downstairs door and at every step on the staircase, but had understood they had nothing left to lose and had boldly set up in the downstairs hall an ambush of half a dozen people with axes, hammers, pokers, or whatever else was at hand?... The Organs would very quickly have suffered a shortage of officers and transport and, notwithstanding all of Stalin's thirst, the cursed machine would have ground to a halt! If...if...We didn't love freedom enough. And even more – we had no awareness of the real situation.... We purely and simply deserved everything that happened afterward.” ― Aleksandr I. Solzhenitsyn

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