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 Adam Smith and Justin Amash that would have repealed the unconstitutional provisions of last year’s NDAA by eliminating Section 1022 on mandatory military detention and modifying Section 1021 to make it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.



  • Tom “P*ssy Reama” Jones

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    Eat a f*ckin choad Mitt.

    • WakeIsland

      You can get into a lot of trouble for slandering a Political candidate. Yes I have read your posts about Mitt. Someone should report you so the Admin can send in your IP address. You are a degenerate slob.

    • WakeIsland

      Too all others, I don’t support Mitt, but this is just ignorant. I have emailed the Admin.

      • Surfisher

        It’s a Mitt shill — trying to give RP supporters a bad name.

  • What if the government fears the people, but most of the people are completely retarded?

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  • Jean Paul Marat

    Ron Paul is a hope not only for USA but for the world.
    He has driven a smart campaign, within the two party scheme. Third Party would be marginalized. Restoring the Republican Party is the way to success, no doubt. Media would be forced to cover his campaign, should he be nominated, which I sincerely hope.

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  • There are too many brainwashed Americans who are programmed to quickly cry out “conspiracy theory!” at anybody who might suggest that our government will not protect us from our own ignorance… and you won’t be able to cry out “conspiracy!” when you’re being escorted to a detention facility under armed guard.

  • The only thing we have to fear is…..if Ron Paul is not President! RON PAUL 2012

  • You really should quote Thomas Jefferson for that

  • Current US polices are not only dangerous for Americans, but for the entire world.
    I support you—- Mr. Ron Paul
    world need a peace maker like yourself.

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  • don’t forget about that NDRP. My people they have put fema camps up everywhere!!! so when hyperinflation hits and chaos is everywhere they can put us in fema camps as slaves and they don’t have to pay us NDRP sec 501 without any compensation… It’s just a matter of time… it’s going to happen obama is just pretending to sugar coat and treat the symptoms and not cure the problem/ disease.. its a illusion on u people we are human resources to these people… Real Talk.. come to my page

  • We all know that America has been a good country to us. But what we all don’t know is the bulls**t that the President Barack Obama never tells us. Like the drones. Should they be in our country we will be watched from the moment you leave your house all the way to when you return at night. Do you want that? They Gov’t spying on innocent civilians? I sure don’t.

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  • you must have worked on that comment for a long time. it’s obvious that so much thought went into such an intricate and well written statement. I’m willing to bet that you didn’t even type your comment. Just copy/paste and you’ll never have to worry about communicating like an adult ever again. You must be so proud.


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