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 Adam Smith and Justin Amash that would have repealed the unconstitutional provisions of last year’s NDAA by eliminating Section 1022 on mandatory military detention and modifying Section 1021 to make it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


  • Obama is just a puppet Paul supporters need to OCCUPY Bilderberg, dont let it be a flop.

  • Surfisher

    Mitt Romney Resigns!

    “Mitt Romney announced today (place date) he will no longer seek the Republican nomination. Instead, he pledged his full support to Dr. Ron Paul, who he trusts implicitly to be the only viable candidate to defeat Barrack Obama,” said a Romney spokesperson.

    Mr. Romney’s spokesperson continued saying, ” Mr. Romney is making the ultimate sacrifice, for the good of the Nation, so wants to be remembered as the one that helped America be rid of Obama…as such Mr. Romney is a true patriot…”.

    Questioned as to the real reasons Mitt Romney quit — the spokesperson said, “He only wants to be remembered as the Patriot that Saved America… that is his only reason”….and “…none of the below were a factor in his decision”…as claimed:

    “That so many videos have been taped showing fraud on his behalf that TV mini-series could be made running for weeks,
    Or, that he can’t get 100 people to attend his meetings, while Ron Paul gathers in the several thousands,
    Or, that he has broken rule #11 in collusion with the GOP, so he is about to be removed from many states ballots,
    Or, that his shadowy party in Nevada, is further grounds for his removal as a GOP candidate,
    Or, that he cannot garner enough delegates with all the cheating don on his behalf so far,
    Or, that All National Delegates are NOT bound according to rule #38, and US election law, in Tampa,
    Or, that his eventual loss to Ron Paul in Tampa will make him a national joke,
    Or, that even if manages to CHEAT his way out of Tampa, his guaranteed loss to Obama will make him an even Bigger Joke…”.

    No, none of these are factors, according to Mitt Romney’s spokesperson — “Mr. Romney quit the race today because he is a Patriot!”

    And I agree, Mitt did the right thing — and we shall build monuments and name schools after him!

    Pass it on! Hopefully someone with brains in Mitt’s camp will see this syllogism and force it upon him (for his own good)!

  • Brenton Newkirk

    The view that most Americans hold regarding NDAA is pretty scary. A lot of them have never even heard of it before. I asked one person what he thought of NDAA and he said “I don’t know, I don’t keep up with conspiracy theory stuff.” A law that allows US citizens to be detained by the military and shipped to Guantanamo Bay, and it’s a “conspiracy theory?” Now they want to conduct “military operations in cyberspace” (I can see it now: thousands of independent blogs being shut down by the military for alleged terrorist sympathies) and it also paves the way for war with Iran! I guess the transition to a dictatorship will be quite easy if people have attitudes like that. If you don’t believe that martial law could happen here, just take a look at All the proof is there.

  • robin

    CAFR-Important information about where all the money is going in our counties, cities, state governments and at the federal level. These are very important videos about CAFR. Watch and share. Burien. The Biggest Game in Town.Watch this first. It came out in 2008 and got over 870,000 views and then he said they stopped it because it got too much attention., The Only Game in Town. Comprehensive Annual Financial Report the government hiding millions of American dollars.
    There are others, but he does an excellent job as a former trader who started researching where all our money is going. Share with others if we are going to change the system.

  • robin

    We know that the MSM will declare Mitt the winner after the Texas primary. Even though this is Ron Paul’s home state, because of his stand on foreign policy, we are not sure how well he will do. How that will affect the electorate is debatable. It may work in our favor if Romney supporters in California and elsewhere simply don’t go to vote. It will depend on local and state issues on the ballot in their home turf. Not sure how it will affect the California voters as I haven’t been able to figure out why many aren’t going to the polls. We noticed that Ron Paul got fewer votes in this election than in 08. We can only assume some of his supporters either didn’t vote, voted for another candidate this time around.

    Also, I thought you might want to look into the videos by Walter Burien and Cliff Richardson. We just watched the second video that Walter Burien made. I posted his first one, but I will do it again. We feel this is critical information for all Americans to know about. Exposes the biggest scam next to the Federal Reserve. Only Game in Town Biggest Game in Town
    Having problems with my computer so go to Walter Burien on You tube and watch Is your Government hiding trillions of dollars? All are excellent about CAFIR. Please pass these on to people that are interested. Also, check out the other guy I posted. We are working on these issues at our local and state level and hope others will do the same once they become more educated.

  • Surfisher

    The Main Stream Media (MSM) has been salivating at the bit to announce that the Mitt has finally “won” 1144 delegates, and will soon burst with these “news” (disregarding the fact that their numbers are far, far from being true).

    In anticipating such perfidious headlines, how do we counter?

    Also, what would be the aftermath after the MSM shortly declares the Mitt a “winner” — would this affect Mitt’s Muttons sufficiently, so they stay at home and not bother to vote for him?

    To the meritorious posters here, please, post your take.

  • We all need to come together and spread the word about Ron Paul in order to get this country back!

  • DragonBommie

    I still don’t understand why most people still don’t understand that the very first thing to do is to find a way to make the presidential election (and the election for the republican candidate for that matter) one which can be checked on truthful counting of the votes…. I mean… what’s the point of all this discussing and speculating and so on if one cannot even get the truth above the table (as we say in The Netherlands) about whether the number of votes for a certain person are the actual votes for that person haha… It’s laughable and the foundation of, at least, an attempt to go for the truth. And again I need to mention that documentary ”Hijiacking Democracy” in this perspective, a must see…. I really don’t know whether Ron Paul can live up to his promises, but at least he is the only one in the race I would allow to give it a shot, because the others are certainly not gonna live up to their promises haha. With love from China, the biggest capitalist country in the world right now. Bye for now, as they say here. Love, Bommie.

  • If i could give 10 years of my lifespan to Ron i would do it without question.You need at least 20 years of full constitution rights before it will change the mindset of the people.You must educate your children on the constituion NOW!!!!Save yourselves america ; Arrest the elite jail em for life.Sell their assets and bingo no debt left.Step it up peeps ;D

  • If i could give 10 years of my lifespan to Ron i would do it without question.You need at least 20 years of full constitution rights before it will change the mindset of the people.You must educate your children on the constituion NOW!!!!Save yourselves america ; Arrest the elite jail em for life.Sell their assets and bingo no debt left.Step it up peeps ;D

  • RONY 2012 watch it like it and tweet it. we need this to go viral!!!!!!!!!!!

  • Richard

    Hey, where IS Ron Paul? He seems to have just disappeared. The even calendar at his campaign’s website is blank after mid-May, even in November when he is supposed to be at the convention.

    Anyone heard this?

    The commenters say his wife has been sick. I can understand that’s personal and he wouldn’t announce that, but it’s just weird how he’s dropped out of sight.

  • We need to put RP’s head in a little jar like in Futurama so we can preserve his great political mind!

  • We need to put RP’s head in a little jar like in Futurama so we can preserve his great political mind!

  • I enjoyed voting today.

    Ron Paul 2012

  • robin

    Someone posted this on Ben’s site..FYI
    URGENT ALERT! Delegates are NOT bound to ANY candidate! Lawyers are working diligently to clarify what you have been told. NO ONE was looking at the LAW….JUST the rules…attempting to blind people with “the rules”? LAW trumps rules~ PERIOD!!! The law- Some of what the law says: b) Intimidation, threats, or coercion No person, whether actin…See More
    42 USC 1971 – Sec. 1971. Voting rights – US Code – Title 42: The Public Health and Welfare – Subchap
    ‎42 USC 1971 – Sec. 1971. Voting rights – US Code – Title 42: The Public Health and Welfare – Subchapter I – Generally – Id 19251307 – (a) Race, color, or previous condition not to affect right to vote

  • Foreign combatants have NEVER had the right to civilian due process simply because their acts of war were committed within our borders. It’s a silly notion – should all the Mexican soldiers captured in Texas and California during the Mexican War in the 1840’s been charged, arraigned and put on trial? Ridiculous. Although I would like to see “terrorism” struck from the statutory language and replaced with “acts of war against the United States.”

  • You are absolutely right.
    We should write our congressmen and tell them by putting their signature on these unconstitutional acts, they lost our future votes and are a dis grace to the people of the USA..

  • One not either Democrat or Republican…but from an alternative choice, of any name (Third Party).

  • Surfisher

    Ron Paul to WIN — if All national Delegates comprehend the below!

    No States’ Laws CAN Force ANY delegate/s to vote AGAINST THEIR CONSCIENCE at the National Convention Election!

    Meaning — ALL delegates are NOT Bound by any RNC dictates or State laws pertaining to the contrary!

    Therefore, ALL National Delegates from ALL States CAN abstain from voting in round one — meaning, The Mitt will not get an automatic win! Then, the REAL PEOPLE can decide in round two, or three, or four — who is Best for our Country!

    Here is WHY:

    1) National Elections are subject to Federal Election Laws (which usually supersede ANY-and-ALL State Election laws). The GOP’s states’ rules END the MOMENT the elected national delegates enter the National Convention — at this point only US Election Laws become VALID.

    2) RNC Rule #38 interpretation precludes ANY State from FORCING any delegate AT THE NATIONAL CONVENTION to vote according to the majority’s choice — but clearly identifies that each-and-all delegates are FREE AGENTS, allowed to vote their Conscience!

    3) No State can pass a legitimate law that Obfuscates a Citizen’s (delegate’s in this case) Right to vote his/her Conscience, that COULD WITHSTAND a Grand Jury Challenge!

    In Conclusion:

    To ALL National Delegates: Do not pay the SLIGHTEST attention to the perfidious RNC propaganda (“vote like we tell you or else!”)— since these are just empty threats — but instead, VOTE YOUR CONSCIENCE!

    If the above is not conclusive evidence — it most certainly casts REASONABLE DOUBT (which is all one needs to win innocence in a Court of Law)!

    Why do you think Massachusetts GOP asked for all delegates to sign an affidavit they’ll commit to vote for Mitt in the first round (in a State That has a “Law” giving all to the winner)…unless they KNEW it could not be enforced?!