Ron Paul: NDAA Tyranny Continues




by Ron Paul

The bad news from last week’s passage of the 2013 National Defense Authorization Act is that Americans can still be arrested on US soil and detained indefinitely without trial. Some of my colleagues would like us to believe that they fixed last year’s infamous Sections 1021 and 1022 of the NDAA, which codified into law the unconstitutional notion that some Americans are not subject to the protections of the Constitution. However, nothing in this year’s bill or amendments to the bill restored those constitutional rights.

Supporters of the one amendment that passed on this matter were hoping no one would notice that it did absolutely nothing. The amendment essentially stated that those entitled to habeas corpus protections are hereby granted habeas corpus protections. Thanks for nothing!

As Steve Vladeck, of American University’s law school, wrote of this amendment:

“[T]he Gohmert Amendment does nothing whatsoever to address the central objections…. [I]t merely provides by statute a remedy that is already available to individuals detained within the United States; and says nothing about the circumstances in which individuals might actually be subject to military detention when arrested within the territory of United States…. Anyone within the United States who was subject to military detention before the FY2013 NDAA would be subject to it afterwards, as well…”

Actually, the amendment in question makes matters worse, as it states that anyone detained on US soil has the right to file a writ of habeas corpus “within 30 days” of arrest. In fact, persons detained on US soil already have the right to file a habeas petition immediately upon arrest!

I co-sponsored an amendment offered by Reps. Adam Smith and Justin Amash that would have repealed the unconstitutional provisions of last year’s NDAA by eliminating Section 1022 on mandatory military detention and modifying Section 1021 to make it absolutely clear that no one can be apprehended on US soil and held indefinitely without trial or be held subject to a military tribunal. Our language was clear: “No person detained, captured, or arrested in the United States, or a territory or possession of the United States, may be transferred to the custody of the Armed Forces for detention under the Authorization for Use of Military Force, this Act, or the National Defense Authorization Act for Fiscal Year 2013.”

The term “person” is key in our amendment, as our Founders did not make a distinction between citizens and non-citizens when determining who was entitled to Constitutional protections. As the father of the Constitution James Madison wrote, “[I]t does not follow, because aliens are not parties to the Constitution, as citizens are parties to it, that whilst they actually conform to it, they have no right to its protection.”

We should not forget that our Article III court system is a strength not a weakness. The right to face our accuser, the protections against hearsay evidence, the right to a jury trial – these are designed to protect the innocent and to determine and then punish guilt. And they have been quite successful thus far. Currently there are more than 300 individuals who have been tried and convicted of terrorism-related charges serving lengthy terms in US federal prisons. Each of the six individuals tried in US civilian courts for the 1993 bombing of the World Trade Center are serving hundreds of years in prison, for example.

Last week was discouraging and disappointing to those of us who value our Constitution. That the US government asserts the legal authority to pick up Americans within the United States and hold them indefinitely and secretly without a trial should be incredibly disturbing to all of us. Americans should check how their representative voted. Politicians should not be allowed to get away with undermining our liberties in this manner.



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153 Comments:

  1. More reason we need Ron Paul up there with the power of the VETO… you know, that one lil. tool that Obama seems to forget when to used. NDAA/Patriot Act II

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  2. This debate is not a debate it is a sham and a scam. There is nothing to debate.

    We have God given rights according to our contract with the federal government. the federal government is in breach of the contract known as the constitution of the United States. Therefore the contract is null and void at the discretion of we the people.

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  3. In a functioning republic, all congressmen who voted for it, should be dismissed and punished for having betrayed their oath of office. This doesn’t look good.

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  4. WHEN THE PEOPLE FEAR THEIR OWN GOVERNMENT (THEIR “PROTECTORS”) YOU ARE LIVING IN TYRANNY. WHEN THE GOVERNMENT FEAR THE PEOPLE YOU ARE LIVING IN LIBERTY.

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  5. I totally agree on that. Habeas corpus is what’s supposed to protect us from the executive branch.
    And by the way, it can get worse, or more precisely, it already is from the day Obama gave himself the right to assassinate anyone without any justification, charge or evidence. It probably was done before in secret, but today, they don’t even bother to hide.
    May the bill of rights rest in peace.

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  6. we still dont have ronpaul2008’s channel back wtf?

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  7. THIS IS JUST NWO IN ACTION …LEAD BY OBAMA AND HIS ELITE BUDDIES. THE ONLY ONES PRACTISING TERRORISM ON US SOIL IS THE GOVERNMENT LEAD AND INSTRUCTED BY THE SAME ELITE.. NDAA AND CISPA IS ONLY AS PROTECTION FOR THE ELITE AGAINST THE PEOPLE.

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  8. uh first sentence it was passed

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  9. that’s the problem sheeple think it’s just the president doing this crap WAKE UP AMERICA!

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  10. ron paul should buy a Blue Snowball!

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  11. well… The only thing I know to say is that they don’t pick and chose what they will allow and what they won’t allow from a bill. Once the bill is there… They’ll use it. think about it… if you don’t have the right to a trial …. you’re fucked, the federal judge will never see you… he won’t even know where you are.

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  12. This government is going to end up just being run by congress as the kings and every one else as peasants. WAKE UP AMERICA!!

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  13. Still, that means, until the 2013 NDAA is passed into law, the indefinite detention is suspended by the Judge’s decision, at least for now. But that would be ridiculous, if the text is unconstitutional, as the Judge ruled, they shouldn’t be allowed to include it in the upcoming 2013 NDAA.

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  14. That’s in New York, and you know the Federal Government will just bypass the state’s ruling. The other 49 states are subject to the provision, too

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  15. Armed domestic drones now being announced.

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  16. Fuck yea you are missing something. They are doing the same damn thing they did with SOPA or CISPA.. whichever came first… they are re-defining ‘indefinite detention’ … only this time, they are making it worse (but really… how could it get any worse?)

    same shit they did with SOPA/CISPA

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  17. I thought the indefinite detention provision has already been struck down by Judge Katherine Forrest. Am I missing something?

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  18. first!!! 😉 RON PAUL!!! TIME TO REALLY RUN.

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