Published on Dec 12, 2012
By now anyone who pays attention to politics knows that the National Defense Authorization Act (NDAA) of 2012 contained a provision that allows for the indefinite detention of U.S. citizens without charge or trial.
Section 1021 of the 2012 NDAA states that anyone suspected of being involved in terrorism or "belligerent acts" against the U.S. can be detained by the military under the so-called Authorization for Use of Military Force, including American citizens.
In other words, the war on terror has been officially declared on U.S. soil and everyone is now considered a potential combatant in this war.
Senator Lindsey Graham pretty much summed it up when he said, "The homeland is part of the battlefield and people can be held without trial whether an American citizen or not."
Even though this clause is a direct violation of citizen's rights under the 6th Amendment of the U.S. Constitution, there was scarcely any dissent and hardly a peep from the corporate media when Obama signed it into law under the cover of darkness late on New Year's Eve 2011.
This year Senator Rand Paul once again blocked the passage of the NDAA for 2013, which the Senate hoped to rush through before the Thanksgiving recess. Using a filibuster, Paul is attempting to force a vote on his amendment to exempt American citizens from the indefinite detention clause.
Rand Paul's amendment simply reaffirms the 6th Amendment to the U.S. Constitution: A citizen of the United States who is captured or arrested in the United States and detained by the Armed Forces of the United States pursuant to the Authorization for Use of Military Force (Public Law 107--40) shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense."
Compare that to the 6th Amendment of the Constitution: In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
This article was written by Eric Blair and originally published at http://www.activistpost.com/
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