Wednesday, December 19, 2012

NDAA Conference Committee Strips Right to Jury Trial

The very weak protections for Americans that were added to the National Defense Authorization Act for 2013 via an amendment that was introduced by Sens. Dianne Feinstein and Mike Lee, and supported by Sen Rand Paul, has been stripped by the NDAA conference committee. Even those weak protections are now gone. Welcome to the United Soviet States of America.

Today, Rand Paul issued the following statement regarding the newly released NDAA conference report.
"The amendment, introduced by Sens. Dianne Feinstein (D-Calif.) and Mike Lee (R-Utah) and which passed with a 67-29 vote on Nov. 29, was designed to guarantee Americans the right to due process and a jury trial. These are basic and core American legal privileges prescribed in our Bill of Rights, which have been observed since our nation’s founding. Removing these indefinite detention protections now means that the NDAA is in violation of the Fourth and Fifth Amendments of the Constitution.

“The decision by the NDAA conference committee, led by Sen. John McCain (R-Ariz.) to strip the National Defense Authorization Act of the amendment that protects American citizens against indefinite detention now renders the entire NDAA unconstitutional,” Sen. Paul said.

“I voted against NDAA in 2011 because it did not contain the proper constitutional protections. When my Senate colleagues voted to include those protections in the 2012 NDAA through the Feinstein-Lee Amendment last month, I supported this act,” Sen. Paul continued. “But removing those protections now takes us back to square one and does as much violence to the Constitution as last year’s NDAA. When the government can arrest suspects without a warrant, hold them without trial, deny them access to counsel or admission of bail, we have shorn the Bill of Rights of its sanctity.

“Saying that new language somehow ensures the right to habeas corpus – the right to be presented before a judge – is both questionable and not enough. Citizens must not only be formally charged but also receive jury trials and the other protections our Constitution guarantees. Habeas corpus is simply the beginning of due process. It is by no means the whole.

“Our Bill of Rights is not something that can be cherry-picked at legislators’ convenience. When I entered the United States Senate, I took an oath to uphold and defend the Constitution. It is for this reason that I will strongly oppose passage of the McCain conference report that strips the guarantee to a trial by jury.”

38 comments:

  1. John Mc-Insane strikes again.

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  2. I feel so helpless...

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  3. Hey up here in Canada we're not far behind your dear leader, with our neo con govt. Our great hope lies with the Austrians who have pretty much said our current monetary systems are doomed(good news) which means when they collapse we can flush a lot of this despotic crap with it.

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    1. Be careful what you wish for. To think that such a collapse will somehow miraculously result in the return (in the U.S.) to constitutional government, the respect for private property and free market principals is simply wishful thinking. When the current monetary system collapses, there will be riots in the streets, and it will give the despots and tyrants the excuse to declare martial law. Those politicians who are on the cusp of unthinkably unlimited power (and their minions who have lived off of government largesse) will never allow the clock to be turned back.

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    2. Think Egypt. From bad to worse.

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    3. The idiots in this country will be begging for a dictator.

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  4. Question for Mr, Wenzel, I recently started talking to an old buddy, found out he was a libertarian, which was great. But after we started talking about it, his tune completely changed, I was like so do you read Mises, and all the Austrian stuff. He said I used to, but he's pretty much resigned himself to the fact nobody cares, and he can't change anything, second that some people need to be "governed" ie the nanny state. This was very discouraging, given how rarely I meet people of like mind. Made me wonder why I try to show people why socialism is despotic, anyway, your site attracts people like this I'm sure. What is your response, and is it worth it to try and persuade him that activism is worth it?

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    1. At some point I plan on putting together a post on how to live a non-aggression life in a world of aggressive governments. I'll touch on your concerns there.

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    2. Cool.

      Statists gonna state!

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    3. "found out he was a libertarian" ...

      "He said I used to, but he's pretty much resigned himself to the fact nobody cares, and he can't change anything, second that some people need to be "governed" ie the nanny state."

      - He said. - That's key.

      And that last part - need to be "governed" - sounds like he was never really a libertarian in the first place.

      I'd give it three tries for positive results. If you try three times and don't get any positive feedback, move on.
      Kick in the word 'Freedomista" for flavor?

      That's what I learned in the last election, ymmv I suppose.

      "Made me wonder why I try to show people why socialism is despotic"...

      'Cause it's the right thing to do.
      It's in your best interest, and others you care about... in the long run?
      ... It could Not be in your best interest too, though, ? Depends.

      What would You want someone to do for you, if you were him?

      Really, even your favorite dog, if it won't hunt, you give up on it after awhile.

      Make the first three kick-starts good ones.
      Ask yourself, what would Larry Prat say?

      I'm still hung up on that guy's level-headed performance.

      - IndividualAudienceMember

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    4. Sound advice Mr Anon. He's def libertarian, he agreed with everything we discussed about freedom. He just had a defeatist attitude, like you can't change people's minds. Which I guess I shouldn't have become defeatist myself about it, but at times it can be discouraging when you try to spread a positive free market/liberty msg and get crickets. It was funny I ended our convo by saying if there was one thing I could do for liberty it would be to abolish central banks and have a free market gold standard, he agreed that would likely change everything.

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    5. Dave Schu-

      Don't give up!

      I've been at this for 15 years (ever since I found LRC) and only a few of my friends have seen the light. But, many more have begun to question the status quo, and people I talked to a decade ago have told me that Ron Paul rocked, and thanked me for helping them see the power of liberty.

      It's a long, hard, unforgiving slog through shit and mud, but the payoff is great! We are winning, even if the MSM refuses to admit it.

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  5. Shocker! You mean trying to "play ball" with the biggest, most powerful gang of thieves writ large doesn't work?

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  6. Why is John McCain not in a padded cell of a mental institution somewhere? Or least in handcuffs as we speak? And who keeps voting that prick in?

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  7. "Drone Diplomat Extraordinaire" John McCain is as anti-American and rotten to the core to true American values such as freedom & liberty, as they come these days. What is he afraid of besides more inaction from the federal govt that has Arizona (and the rest of the southern border states) being basically over ran with illegals from Mexico??? He represents EVERYTHING that is currently wrong with Washington DC and is a disgrace to this once great (no thanks to him) country. And he's the main reason we need term limits on professional politicians as well. Yes, it's amazing that the fine citizens of Arizona haven't seen the error of their ways by voting in John McCain....

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  8. Rand Paul is, at best, quite possibly the most naive "defender of liberty" yet.

    Why heap scorn on McCain, who we all know is a psychopath? It's people like Rand Paul that we should worry about--wolf in sheep's clothing.

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    1. Not very smart, are U Phil

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    2. Rand Paul may not have a huge amount of experience, but at least he cares for this once great country the dictatorship has destroyed. Have seen evidence of caring from McCain, except that like Bush and obama, he get paid off by big business. And yes, term limits need to be mandated. And one 5 year term for the presidente is enough.

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  9. Rand Paul said,"These are basic and core American legal privileges prescribed in our Bill of Rights". I have one question,"since when have my rights become legal privileges?"

    Quick lesson, the Constitution was written to spell out what privileges the people gave government not the other way around. When we ask the violator of our rights to determine if they've violated our rights, then we should not be surprised when they decided in their own favor.

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  10. I am from Arizona... the state that gave you John McCain. What a friggin embarrassment. I feel like I should be apologizing but I have never voted for John McCain but for once in my life. His favorite politician was America's first RINO Teddy Roosevelt. What a freakin loser! If you want to know what John McCain really believes just listen to his bubble headed daughter talk. She doesnt hide her upbringing... That rotted fruit did not fall from the this dying tree. We are not doing well here in southern arizona. Our county is crumbling under the weight of the Progressives moving in from our collapsing neighbor, California. Our once rich Pima County is nothing more than a Progressive blue hideaway in an otherwise Red State. I fear for Arizona. Crumbling roads, closing schools, sanctuary cities, high taxes and plastic bag bans... Now they want our county to secede from the state because it doesnt like our Conservative government to the north. The want our county to be called Baja Arizona... makes my second class citizen head spin.

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    1. I apologize now for being from California. But you are absolutely Right! Any State that follows the path that Ca. has gone down will end up in Destruction. I still cannot believe that Fienstein is still in Office. I have been trying to figure out which State to move to but I am afraid that there are not many that are any better off. We really need to do something NOW to get our Country back because before long they will start locking Us up for wanting to live and be governed by the Constitution.

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  11. Its' amazing that this kind of thing is now increasingly occuring in the United States. Ever since 9-11, western countries have grown increasingly authoritatrian and its' just scary.

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  12. Is there any current Senator that is more contemptible of the Constitution than John McLame?

    If there is, I'm struggling to find him/her.

    I probably wouldn't feel so strongly about this, except the Republican Party claims to support the Constitution. And they turn around and nominate that s;**z*b*g for President in 2008. I guess there is the possibility that he is just showing his rebel-against-my-party attitude again.

    Actually, there might be a warm spot for McLame when he gets his ass forced out of the Senate sometime (hopefully, very soon). That warm spot will be in Hell's Hot Acre.

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  13. That's why the one guy has a "defeatist" attitude - he's not a defeatist, he's a realist. You can't compete with "take responsibility and work for the improvement of your life" when the alternative is "here's 'free' stuff". People LOVE "free" stuff...and to fix the mess our country is in, a BUNCH of oxen will need to be gored (not Al), and no one wants it to be theirs.

    The impasse will continue until the system implodes on itself. Hence, the country is doomed. I hate to say it, and I am not happy about it, but it is the irrefutable truth. The demographic to which most of us belong is shrinking rapidly percentage-wise, and being brainwashed other wise, so it's game, set , match.

    My new motto is, "Let it burn!"

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  14. This criminal syndicate in DC has no legal authority at all, unless you believe in magic. Slapping the word CONstitution on some pieces of paper legally binds nobody. Anybody who believes that just because some politicians, working behind closed doors and acting completely outside their authority, slapped the words "supreme law of the land" on some pieces of paper, that everybody else is legally bound by them until the end of time, is too stupid to get a job as a spell-checker in an M&M factory. Since when can people who've been dead for damn near 200 years bind the living? Where do these unnamed people called CONgress get these powers? Well, the politicians who wrote the sacred CONstipation gave them those powers. Pretty interesting, when you figure that those people didn't have those powers themselves, eh? How exactly do you give somebody power that you yourself don't have?

    Nobody in this country has any obligation to obey one stinking edict that comes out of DC. It is a fact that so-called federal law has ZERO jurisdiction within the 50 states. F*** these slimy crooks.

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    1. "Nobody in this country has any obligation to obey one stinking edict that comes out of DC. It is a fact that so-called federal law has ZERO jurisdiction within the 50 states."

      True. Now all we have to do is get the state governments to remember that.

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  15. John McCain is suffering from dementia and early signs of Alzheimer, not to mention him and his buddy are psychopaths wanting covert and overt war with Syria. I think his days at the Hanoi Hilton caused Dain Bramage for him, I mean Brain Damage. AZ citizens need to throw this guy out of office.

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  16. Time to throw the bums out! All of them, save the few that actually fight for US!

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  17. John McCain wasn't the only one on that conference committee. Who were the other Senators? Who were the Representatives. Their constituents are entitled to know who sold them out.

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  18. Anon : HOW will you throw the bums out? What is your plan? The NWO have spent years putting their men in place in all the right places. When they have your guns, then they have YOU where they want you....and if you don't like it, a soft=nosed bullet is marked with your name.

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  19. The US was founded on the mass-murder on the Native Americans (the only real Americans) and got build up with slavery. Besides of this it was always the supporter of tyrannical governments, it even supported one of the worst mass-murderer in history, Stalin, the tyrant of the former Soviet Union in World War II to occupy and enslave half of Europe. Now tyranny just comes back to you. Enjoy, have fun and do not forget to complain all day long...
    And besides of it, get prepared for the Russians and Chinese marching in and take over what was never ever yours anyway...

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  20. If anyone thinks that we elect our upper echelon officials, they are deceived. We The People are powerless to change our government and this has been the case for a long time. We are wasting our energy even talking about it for it is beyond going back to a free society. Bend over folks!

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    1. Thanks Anon! Someone who understands the major elections are a compelete farce. We're not powerless. We just have to have the backing of all the military branches. And much of the military despises this dictatorship, especially the head nut. Then we could round up all the politicians who sign into law all these bills that destroy our rights, and exectute them on live television. Worldwide television.

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  21. Keep calling your senators and threaten them with expulsion next election.

    Keep fighting, keep fighting, keep fighting.

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  22. Keep fighting is totally nonsense. Fighting for what and how? These are the first questions you should ask yourself. In World War II you fought against Germany while Germans wanted to bring down the communist tyranny in the former Soviet Union. You did fall in the back of the Germans and the result is well-known: The soviets have occupied and enslaved half of Europe, for your advantage of course, because in this way Europe became week, so you could became the superpower especially because you could steal the most import and most developed German technology and also you could import the best German technicians and scientists. On one site you made your laughable propaganda against the "Nazis" and on the other site you have imported them into the US as far as they were useful for you. Really nobody can take you seriously anymore related to your “moral” standards.
    But what is the long term result of your selfish behavior to bring others down for you own advantage? Now you are the one who is falling down, and the foreign powers you have supported (first the former Soviet Union and later on the Chinese government) wants to disarm the US-Americans, and your cheating government is selling you out to them. Do you know why they want you to turn in your guns to your beloved "government"?
    If Russia and China wants to occupy the US and march in, what would be the best strategy to succeed for them? This is pretty simple to guess: They need you to be involved in wars all around the world, so your military is busy by this and cannot defend the US anymore. But there is another serious problem for the Russian and Chinese government: The normal Americans have guns at home, so if the Russians and Chinese are marching in, they have to expect being "welcomed" with deadly fire coming from each American private house. But if they can convince "your" government, to disarm you then they will have no resisters by marching in anymore. This is why your government, who is going to sell you into the gulags, and the Chinese and Russian government want you to get disarmed!
    Just think about this: What did the Americans, after they had won the war against Germans? They have disarmed the population in Germany and gave Germany a constitution saying that every child had to go into their reeducation-camps, the so called "schools". Now the American government wants to do the same with you, the American citizens. Obviously the normal American is now the target of the US-government.
    Never forget: Liberty is when the people are armed and the government is disarmed, tyranny and slavery comes when the government is armed and the people are disarmed.
    This is written by a German philosopher

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    1. Tbank you. Couldn't have said this better myself.

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  23. That's right; the government needs to get disarmed, because so many innocent people are getting injured, tortured and killed by our "police"-criminals. Also many innocent people and children got killed by the government soldiers in the war in Afghanistan, Iraq and of course in Germany (during World War II)
    Also tobacco and second-hand smoking kills many more people then guns, and tobacco is still legal to get and to consume, the adults are even allowed by the evil gov. to poison children with second-hand smoke!
    Obviously the government is a criminal organization, or should a say a bunch of power-hungry sadists and terrorists? We definitely should not get ruled and controlled by dangerous government criminals. We the people should rule our own live and kick the government parasites out of it!

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