Handing the Executive Branch Unchecked War Authority
WAR, PART 6
By Al Duncan
May 20, 2011
NewsWithViews.com
Those who trade freedom for temporary safety deserve neither freedom nor safety. The opposite of freedom is slavery. The opposite of safety, in this context, is responsibility. Likewise, those who trade freedom for temporary wealth deserve neither wealth nor freedom. In every case, the opposite of freedom is slavery.
I understand that most do not have the time or the wherewithal to decipher the surge of local, national and international news transpiring daily, which is why God has provided “watchmen on the wall,” such as myself, to trumpet coming danger. However, once honest, clear and accurate information is presented, all responsibility then rests squarely upon the recipient.
We become accomplices to those atrocities we fail to oppose.
According to Pete Kasperowicz, writing for The Hill, May 11, 2011, “Nearly three-dozen House Democrats are calling on Republicans to withdraw a section of the 2012 defense authorization bill that they say would effectively declare a state of permanent war against unnamed Taliban and al Qaeda operatives.”
In a letter written to the House Armed Services Committee Chairman Buck McKeon (R-Calif.), House Democrats are requesting him to immediately hold hearings on these proposals before including them in the National Defense Authorization Act (NDAA). “Whatever one thinks of these various proposals in the Detainee Security Act, it is clear that they will have serious consequences and should be examined extensively. We therefore request that you use your chairmanship to immediately call hearings on Detainee Security Act so that the American people have an opportunity to consider the serious impacts that this legislation could have on our national security.”
However, Instead of considering the Democrats’ request, on Wednesday, May 18, 2011, McKeon has decided to hold a markup to grant committee approval of the bill.
The Democrats letter cites language in the authorization bill that incorporates the Detainee Security Act, which affirms continued armed conflict against terrorists overseas. The specific language in the bill is found in section 1034 of H.R. 1540.
The offending text (H.R. 1540 – section 1034) uses doublespeak to declare World War III. Specifically, the text uses the phrase “affirms” and “armed conflict” which is the same terminology used by congress to declare war in every confrontation since World War II.
Congress affirms that —
(1) the United States is engaged in an armed conflict with al-Qaeda, the Taliban, and associated forces and that those entities continue to pose a threat to the U.S. and its citizens, both domestically and abroad;
(2) the President has the authority to use all necessary and appropriate force during the current armed conflict with al-Qaeda, the Taliban, and associated forces pursuant to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note);
(3) the current armed conflict includes nations, organization, and persons who—
(A) are part of, or are substantially supporting, al Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners; or
(B) have engaged in hostilities or have directly supported hostilities in aid of a nation, organization, or person described in subparagraph (A);
(4) the President’s authority pursuant to the Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note) includes the authority to detain belligerents, including persons described in paragraph three, until the termination of hostilities.
This legislation authorizes the President of the United States to take unilateral military action against all nations, organizations, and persons, both domestically and abroad, who are alleged to be currently or who have in the past supported or engaged in hostilities or who have provided aid in support of hostilities against the U.S. or any of its coalition allies.
The legislation removes the requirement of congressional approval for the use of military force and instead gives the President totalitarian dictatorial authority to engage in any and all military actions for an indefinite period of time.
It even gives the President the authority to launch attacks against American Citizens inside the U.S. with no congressional oversight whatsoever.
Therefore, the president would have full authority to invade Iran, Syria, North Korea, along with several other nations in Africa and the Middle East and even Russia and China under the legislation all of which are known to have supported and aided hostilities against the U.S.
Even the America Civil Liberties Union takes issue with this legislation. They write:
“A ‘sleeper provision’ deep inside defense bills pending before Congress could become the single biggest hand-over of unchecked war authority from Congress to the executive branch in modern American history.”
The ACLU continues, “Congress is considering monumental new legislation that would grant the president—and all presidents after him—sweeping new power to make war almost anywhere and everywhere. Unlike previous grants of authority for the Afghanistan and Iraq wars, the proposed legislation would allow a president to use military force wherever terrorism suspects are present in the world, regardless of whether there has been any harm to U.S. citizens, or any attack on the U.S., or any imminent threat of an attack. The legislation is broad enough to permit a president to use military force within the United States and against American citizens.
“Now, Congress is poised to give unchecked authority to the executive branch to use military force worldwide, with profoundly negative consequences for our fundamental democratic system of checks and balances. Once Congress expands the president’s war power, it will be nearly impossible to rein it back in. The ACLU strongly opposes a wholesale turnover of war power from Congress to the president—and all of his successors.”
Surprisingly, the Obama administration has made it clear that it already has all of the authority that it needs to fight terrorism. This confirms my belief that the perpetrators behind this declaration of constant worldwide war are the Neo-cons, the Military Industrial Complex and the Project for the New American Century. This also illustrates the magnitude of power these warmongering profiteers exert over our public representatives, in this case, principally the Republican Party.
Giving these warmongering profiteers the authority and the capability to militarily confront nations anywhere and peoples everywhere also gives them the menacing threat of total world dominance. Remember these wise axioms: “Power is not a means, it’s an end. The object of power is power,” (George Orwell, 1984) and “Power tends to corrupt, and absolute power corrupts absolutely,” (Lord Acton).
The Posse Comitatus Act is a U.S. federal law (18 U.S.C. § 1385) passed June 18, 1878 (in concert with the Insurrection Act of 1807), limiting the federal government’s powers to use the military for law enforcement. The Act prohibits most federal uniformed services from exercising state law enforcement, police, or peace officer powers that maintain “law and order” on non-federal property within the United States.
The military are trained to seek and kill. The Posse Comitatus Act prevented a President from using the military against American citizens within the U.S. In the past the local police department was an agency whose motto was to “protect and serve,” now, through the enticement of federal funds, they are being trained in military style tactics, with the American people being targeted as the enemy.
The John W. Warner Defense Authorization Act (PL 109-364) of 2006, Signed by President Bush on Oct. 17 2006, has a provision called “Use of the Armed Forces in Major Public Emergencies.” The new language adds “natural disaster, epidemic, or other serious public health emergency, terrorist attack or incident” to the list, thus permitting the President to take over local authority. It also broadened what constitutes “conspiracy,” to anyone who “has purposely and materially supported hostilities against the U.S.”
According to the Inter Press Service (IPS), February 5, 2010, “Director of National Intelligence, Dennis Blair, acknowledged in a congressional hearing Wednesday that the U.S. may, with executive approval, deliberately target and kill U.S. citizens suspected of being involved in terrorism.
In essence, The Warner Act removes all restraints, giving the sitting president, whomever he or she may be, the power at his or her sole discretion to use the military against American citizens right here on U.S. soil.
Chip Pitts, the Bill of Rights Defense Committee president, related to IPS, “While Bush embraced indefinite detention, the Obama administration favors targeted extra-judicial killing—including of U.S. citizens—is a tragic legal, moral and practical mistake.”
Ben Wizner, ACLU attorney with the National Security Project, said, “It is alarming to hear that the Obama administration is asserting that the president can authorize the assassination of Americans, even if they are far from any battlefield and may have never taken up arms against the U.S., but have only been deemed to constitute an unspecified threat.”
With such totalitarian laws already in place, it is understandable why the Obama administration is not interested in pushing H.R. 1540.
“We have killed thousands of innocent civilians while attempting to target alleged operatives. And let’s not forget how frequently our intelligence has been wrong about alleged operatives. Five of my clients are all alleged to have been operatives based on Intel. In every case, Intel was incorrect. I don’t anticipate our Intel with respect to alleged American operatives will be any better,” said attorney George Mickum.
Constitutional scholar, Professor Francis Boyle, University of Illinois Law School, told IPS: “’This extra-judicial execution of human beings’ violates both international human rights law and the Fifth Amendment of the U.S. constitution.”
In April 2009, the Department of Homeland Security, through Janet Napolitano, released a document to all federal and local authorities that included a lexicon of extremism types considered to be a terrorist threat. Here is a sampling of those considered to be a terrorist threat: Those who defend the U.S. Constitution, own a gun, are against the government, oppose abortion, are a war veteran, oppose the U.N., are a rightwing extremist, are anti-immigration, are a black separatists, are a white supremacist, are against the war, or believe in the fundamentals of the Bible.
For those of you who don’t belong to any of the above-mentioned groups or embrace similar ideals, fear not, the list is so broad and ambiguous anyone can be construed as a terrorist and a threat against the U.S.
As the Neo-cons shift the world into an Orwellian state of permanent War, they will continue to justify and extend the existence of this extremely profitable so-called War on Terror—at the taxpayer’s expense and the loss and maiming of our men and women. Hence, with huge profits, the war machine will convincingly rationalize the large-scale production of bombs and missiles and tanks and ships and aircraft and guns and ammunition, while simultaneously discounting the loss of human life. Likewise, military procurement will continue to flourish, and the Pentagon propaganda machine will continue to crank out compelling reasons to do so, whether they are authenticated or fabricated, whether they are genuine or false flag operations.
Now that we have accurate, clear and honest information, we must cease to be accomplices to these atrocities. We must put an end to these transgressions against the rights to life, liberty, and the pursuit of happiness afforded by God to all human beings. But especially to Americans, because we have inalienable legal rights given to us in the U.S. Constitution. If we do not, then no man’s freedom, property, or life is safe.
Full article:
http://www.newswithviews.com/Duncan/al114.htm
More Info:
http://armedservices.house.gov/index.cfm/files/serve?File_id=61e9d0d1-581b-4204-ba0e-f601878bc710