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Senator Rand Paul warns indefinite detention is back: a House-Senate committee led by Sen. McCain has presented a new draft of the 2013 NDAA bill – without the Feinstein-Lee amendment

(Posted by Bryana Joy on December 21, 2012)

Just a month ago, Kentucky Senator Rand Paul was making headlines by threatening to hold up the 2013 NDAA bill. The NDAA is a federal law that is passed every year, specifying the budget and expenditures of the US Department of Defense, although each year's act also includes other provisions. Paul’s demand was for a vote on an amendment to secure the right to a jury trial.

“If you don't have a right to trial by jury, you do not have due process. You do not have a Constitution. What are you fighting against and for if you throw the Constitution out?” he pleaded in an address before the Senate on November 30th.

As anyone knows who stayed up into the wee hours of the morning on the night of the 30th with c-span on their screens and their hearts pounding, he seemed to win a quite glorious victory.

Amendment #3018, which was introduced by California Sen. Feinstein and Mike Lee of Utah and enthusiastically supported by Rand Paul, passed the Senate by a wide margin of 67-29 that night. It provided that,

“an authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States unless an act of Congress expressly authorizes such detention.”

Many embraced this amendment as a solution to the wildly unpopular clause in Section 1021 of the 2011-2012 NDAA, which provided for the indefinite detention without trial of American citizens judged to be involved in terrorism or “belligerent acts” against the US.

Others were not so sure, insisting that the line about an Act of Congress “expressly authorizing such detention” was a loophole allowing for Section 1021 to remain in effect. Congressman Justin Amash stated,

“Well, that Act of Congress is the 2012 NDAA, which renders the rest of the Feinstein amendment meaningless.”

Mike Lee offered his full response countering Congressman Amash’s concern on his website.

On the whole, most defenders of freedom seemed to agree that, if not perfect, amendment #3018 still offered some protections to American citizens. Texas Congressman Ron Paul, a practically legendary champion of liberty, wrote on his facebook page,

“I applaud the Feinstein-Lee amendment for moving the debate forward. In the House most Republicans believe that a habeas hearing is sufficient for due process. The Feinstein-Lee amendment makes clear that anything short of a jury trial is not due process.”

Today, Senator Paul had some sad news to announce: A House-Senate conference committee led by Senator John McCain has stripped amendment #3018 from the new draft of the NDAA bill. Senator Levin confirmed this, saying, “The language of the Senate bill was dropped,” but, according to Politico’s Juana Summers, declined to offer any further comments.

"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 warned.

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,” Paul further elaborated.

The good news is that your senators took that same oath. The bad news is that they need regular and animated reminders of the fact. The good news is that you have the opportunity to give them exactly that.

Now is as good a time as any to dial up both of your two senators at all of their offices and leave your message explaining the latest developments in the struggle for individual liberty. Remind them of their oath. You might also need to remind them that you watch, you listen, you care and you vote. They had better do the same.


(This article was first posted at The Washington Times Communities.)
 
 
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A woman waits to hear news of her sister, a teacher at Sandy Hook


Why the nightmare school shooting in Newton, CT means we need more guns

(Posted by Bryana Joy on December 15th, 2012)

In an incident that has stunned America, on Friday morning a young man whose mother was a teacher at Sandy Hook elementary school in Newton, walked into the school with four guns and brutally massacred nearly thirty people, including his mother, the principal, the school psychologist, and twenty young children. The suspect has been identified as 20-year-old Adam Lanza. Officials have stated a dead body was found in the suspect’s home.

After working his will on the defenseless children and staff members of Sandy Hook, Lanza reportedly killed himself inside the school.  

There is not yet enough information available about this incident to enable us to form a complete mental picture of the horrific episode, but if it was like the other tragic school shootings that have occurred in our nation’s history, it was a nightmare of unbelievable carnage.

We must imagine the terror of hundreds of students as they learned that their school was going under lockdown and that a gunman was loose on the premises. We must imagine the horror of parents who received the automatic call to their phones, alerting them to the fact that there was a “possible gunman” on the campus where they had deposited their beloved children safely just hours before. We must imagine their acute sense of helplessness as they realized that their children were under lock and key with no defense against a madman. We must imagine the awful understanding that there was absolutely nothing they could do, that they did not even have the opportunity to give up their lives in defense of the children they loved.

Witnesses say they heard at least one hundred shots. We must imagine the acute terror felt by these twenty utterly vulnerable children as they took cover frantic cover and sat motionless, their hearts pounding in their chests, watching their friends lying in blood. We must imagine this because they did not live to tell us about it.

We must imagine the teachers and other adults in the building. We must imagine the way the understanding came to them suddenly that they could in no way defend either themselves or the children that surrounded them.

We must realize the significance of the report that the gunman who lies dead now at Sandy Hook died by his own hand. If this turns out to be true, it means that there was no savior for the students and teachers of Sandy Hook. That no one walked in on the gunman and put a welcome end to his rampage as he lowered his weapon for another shot. From what we are able to discern, there was no armed security guard who came in to cut off the violence. No burly math teacher who utilized his permit to concealed carry, no white knights. No, the shooter at Sandy Hook picked off his victims at his leisure. When he’d had enough, he put an end to the affair himself by turning his weapon on his own body.

But how different this could have been if, instead of discouraging guns on school property, we welcomed them heartily, accompanied, of course, by strict and proper licensing. How different if the report of the gunman on campus had stirred several teachers or staff members to whip out their own weapons and fire before the masked killer had his way with them. How different if after the first shots had been fired by this maniac, felling several of the beautiful youth of Newton, some armed staff member had rushed in and saved the lives of the twenty or so others whom we mourn today. How different if the principal had looked up from her desk into the eyes of her would-be killer and dealt the first – and last – blow herself.  How different for dozens of stricken parents and brothers and sisters and aunts and uncles and grandparents and best friends and husbands and wives.

The White House, which never misses an opportunity to push its particular agendas, jumped on the supposed “policy implications” of the incident, with White House Press Secretary Jay Carney saying there would be time later for a discussion of policy implications – but immediately declining to wait until later by adding the observation that Obama remains committed to trying to renew a ban on assault weapons.

This statement by Carney, however, sounds uninformed and opportunist in light of the fact that Connecticut already has some of the most stringent laws in the nation regarding assault weapons. Michael Hammond, a legislative consultant to the organization Gun Owners of America, has stated that Connecticut "basically banned semi-automatics.” But then, when has the legality of an action ever done much to deter killers and criminals?

Although it’s not at all clear yet how the gunman involved in the Connecticut killings obtained his weaponry, the history of school shootings in America shows that many of these tragic occurrences have involved weapons which were illegally obtained in the first place, including the infamous Columbine High School shooting in 1999.

Until this story unfolds more completely, the shape of the narrative remains to be seen.

 
 
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Incomplete Victory: Senators
Rand Paul, Feinstein and Lee take some of the teeth out of indefinite detention

(Posted by Bryana Johnson on December 01, 2012)

“If you don't have a right to trial by jury, you do not have due process. You do not have a Constitution. What are you fighting against and for if you throw the Constitution out?” asked Kentucky Senator Rand Paul, speaking before the Senate on Wednesday evening. “When zealots of the government arrest suspects or radicals without warrants, hold them without trial, deny them access to counsel or admission of bail, we have shorn the Bill of Rights of its sanctity.”

Earlier this month we learned that Sen. Paul was planning to force a vote on an amendment to protect the rights of American citizens detained under the controversial 2012 National Defense Authorization Act (NDAA).

The NDAA is a federal law that is passed every year, specifying the budget and expenditures of the US Department of Defense, although each year's act also includes other provisions. The explosive 2011-2012 NDAA bill included a wildly unpopular clause in Section 1021 which provided for the indefinite detention without trial of American citizens judged to be involved in terrorism or “belligerent acts” against the US.

Sen. Paul has been a vocal opponent of the indefinite detention clause in the 2011-2012 NDAA bill, lamenting what he considers “Orwellian” developments and staunchly defending the right of all American citizens to a jury trial. For two weeks he has been threatening to put the 2013 NDAA bill on hold unless he was granted a vote on his amendment to restore the jury trial rights of Americans in military detention.

Liberty activists were hoping that the massive public outcry which ensued following the passage of the 2011-2012 NDAA bill would pressure some Senators to swing over to Sen. Paul’s side.  However, due to the fact that his colleagues in the Senate this lame-duck session were mostly supporters of last year’s NDAA bill, Sen. Paul’s chances of getting them to undo that legislation seemed slim.

On Wednesday evening, something different happened.

Rand Paul rose to speak in support of a different amendment. Amendment #3018 was sponsored by California Sen. Feinstein and Mike Lee of Utah. It provides that,

“an authorization to use military force, a declaration of war, or any similar authority shall not authorize the detention without charge or trial of a citizen or lawful permanent resident of the United States.”

And – would you believe it ? – the Senate did something right. Albeit, it was merely an undoing (and, admittedly, a partial one) of something that was already horribly wrong. Nevertheless, it was a mighty demonstration of the power of the irate and tireless minority when the amendment passed the Senate on Thursday night. The vote was 67-29.


Marring an otherwise joyous occasion was the sad realization that the supporters of jury trial rights for American citizens are no minority at all among American citizens, but rather a massive majority. That they should be represented by only a minority – even a noble and brave one – in the Congress of their representatives, is appalling.

(First posted at The Washington Times Communities)


UPDATE: Considerable contention has arisen since the vote, with some liberty activists arguing that the last clause of the amendment undoes all of the protections it claims to restore.

Congressman Justin Amash said,

“ ‘…unless an act of congress expressly authorizes such detention.’ Well, that Act of Congress is the 2012 NDAA, which renders the rest of the Feinstein amendment meaningless.”  

Others, Congressman Ron Paul among them, seem to disagree. The elder Paul wrote on his official facebook page this morning,

“I applaud the Feinstein-Lee amendment for moving the debate forward. In the House most Republicans believe that a habeas hearing is sufficient for due process. The Feinstein-Lee amendment makes clear that anything short of a jury trial is not due process.”


 

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