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.”
Obama waives sanctions on four of six nations that use child soldiers in their armed forces, including Libya and South Sudan
(Posted by Bryana Johnson on October 5th, 2012)
“When a little boy is kidnapped, turned into a child soldier, forced to kill or be killed — that’s slavery. It is barbaric, and it is evil, and it has no place in a civilized world. Now, as a nation, we’ve long rejected such cruelty.”
President Obama uttered these stirring words at the annual Clinton Global Initiative meeting in New York last week. He was making reference to the appalling practice of recruiting young children to serve in military action, a practice that has long been prevalent in various African and Middle Eastern countries. From the infamous Joseph Kony of the Ugandan Lord’s Resistance Army to the Libyan youths recruited by both sides in the recent rebellion in Libya, to middle-school aged boys conscripted into the Free Syrian Army, the plight of child soldiers has gained widespread attention over the past few years, with humanitarian organizations working hard to keep the issue in the public eye.
In 2008, Senators Richard Durbin, D-Ill., and Sam Brownback, R-Kan., introduced the Child Soldier Prevention Act, (CSPA) a bill to restrict the US government’s military support of nations that fail to stop recruiting child soldiers into their armed forces. This bill passed both houses of Congress unanimously and was signed into law by former President Bush, making it a federal crime to recruit or use soldiers under the age of 15. The law also gave the US authority to “prosecute, deport or deny entry to individuals who have knowingly recruited children as soldiers.” Needless to say, international human rights organizations applauded the bill enthusiastically.
On Sunday afternoon, President Obama signed a Presidential memorandum waiving the sanctions that the CSPA imposes on the nations of Libya, Yemen and South Sudan, and partially waiving the sanctions imposed on the Congo, thus authorizing the US to sell weapons to four nations that would not be eligible to receive military aid from the US under the CSPA. Four of only six nations on the State Department's list of foreign governments that recruit and use child soldiers. That’s two-thirds.
President Obama states in the memo,
I hereby determine that it is in the national interest of the United States to waive the application of the prohibition in section 404(a) of the CSPA with respect to Libya, South Sudan, and Yemen; and further determine that it is in the national interest of the United States to waive in part the application of the prohibition in section 404(a) of the CSPA with respect to the Democratic Republic of the Congo, to allow for continued provision of International Military Education and Training funds and nonlethal Excess Defense Articles, and the issuance of licenses for direct commercial sales of U.S. origin defense articles; and I hereby waive such provisions accordingly.
Jesse Eaves, a senior policy advisor for child protection at World Vision, expressed disappointment over this action by the President, saying, “At a time when Congress is locked in one of the most difficult budget battles I’ve ever seen, it is shameful that a portion of federal funding continues to help support governments who are abusing children. At its core, this is a missed opportunity to show leadership on this issue and protect thousands of vulnerable children around the world. Frankly, we expected more from our nation’s leaders.”
Given his statement earlier this week hotly condemning child soldiery and branding it “slavery,” it does seem odd to find the President taking this action which seems to betray his own ideals. Unfortunately unbeknownst to many, this is in fact the third straight year that President Obama has granted waivers to countries using child soldiers. When Obama granted the waivers in 2010, his administration explained that they were a one-time deal, but when he again granted them in 2011, humanitarian organizations were incensed. Rep. Jeff Fortenberry tried to pass new legislation requiring Obama to notify Congress before issuing the waivers again, and called the decision an "assault on human dignity.”
Every now and then, some absurdity enacted behind closed doors in Washington is uncovered which should leave the people of the US with the uncanny feeling that all is not as it appears to be on the surface of things. Some actions are simply too inexplicable – or point to horrible and frightening explanations. Some decisions on the part of our leaders and lawmakers make it all too obvious that what they are saying is not what they are doing and that what they are doing cannot be explained by what they are saying.
We like to think of America as a nation dedicated to ideals. Liberty, justice, freedom. Unfortunately, the bitter truth is that the majority of our nation’s leaders allow pragmatism to eclipse their ideals on most occasions when the two come into conflict. Principles are only good until they get in the way of allowing the US to take action. If Libya is working to overthrow Gadhafi and our leaders don’t like Gadhafi, they are going to back his attackers regardless of whether they employ child soldiers or not.
Rand Paul’s lonely foreign aid filibuster on the Senate Floor last week showed us that most of our supposedly conservative senators cannot necessarily be expected to vote for foreign aid restrictions to Islamic countries that disrespect our ambassadors and our flag. President Obama’s disturbing memo of Sunday shows us that US weapons sales for controversial rebellions in Islamic countries are more important than curbing our own national bankruptcy and more important than putting an end to the nightmare of child soldiery. And that is an assault on human dignity.
President Obama talks to the LGBT community at the Human Rights Campaign dinner, clearly doesn't realize that his statement is riddled with errors
(Posted by Bryana Joy on October 03, 2011)
Well, well, well. New fun fact about the President: he doesn't read Ann Coulter. If he did, Mr. Obama would know that the argument he's presenting here to the LGBT community at the Human Rights Campaign's annual dinner has already been thoroughly debunked.