by ALEXANDER COCKBURN
Too bad Kim Jong-il kicked the bucket last weekend. If the divine hand that laid low the North Korean leader had held off for a week or so, Kim would have been sustained by the news that President Obama is signing into law a bill that puts the United States not immeasurably far from the Democratic People’s Republic of Korea in contempt of constitutional protections for its citizens, or constitutional restraints upon criminal behavior sanctioned by the state.
At least the DPRK doesn’t trumpet its status as the last best sanctuary of liberty. American politicians, starting with the president, do little else.
A couple of months ago came a mile marker in America’s steady slide downhill towards the status of a Banana Republic, with Obama’s assertion that he has the right as president to order secretly the assassination, without trial, of a US citizen he deems to be working with terrorists. This followed his betrayal in 2009 of his pledge to end the indefinite imprisonment without charges or trial of prisoners in Guantanamo.
Now, after months of declaring that he would veto such legislation, Obama has now crumbled and will soon sign a monstrosity called the Levin/McCain detention bill, named for its two senatorial sponsors, Carl Levin and John McCain. It’s snugged into the 2012 National Defense Authorization Act.
The detention bill mandates – don’t glide too easily past that word – that all accused terrorists be indefinitely imprisoned by the military rather than in the civilian court system; this includes US citizens within the borders of the United States. Obama supporters have made strenuous efforts to suggest that US citizens are excluded from the bill’s provisions. Not so. “It is not unfair to make an American citizen account for the fact that they decided to help Al Qaeda to kill us all and hold them as long as it takes to find intelligence about what may be coming next,” says Senator Lindsay Graham, a big backer of the bill. “And when they say, ‘I want my lawyer,’ you tell them, ‘Shut up. You don’t get a lawyer.’” The bill’s co-sponsor, Democratic senator, cosponsor of the bill, Carl Levin says it was the White House itself that demanded that the infamous Section 1031 apply to American citizens.
Anyone familiar with this sort of “emergency” legislation knows that those drafting the statutes like to cast as wide a net as possible. In this instance the detention bill authorizes use of military force against anyone who “substantially supports” al-Qaeda, the Taliban or “associated forces”. Of course “associated forces” can mean anything. The bill’s language mentions “associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or who has directly supported such hostilities in aid of such enemy forces.”? ?This is exactly the sort of language that can be bent at will by any prosecutor. Protest too vigorously the assassination of US citizen Anwar al Awlaki by American forces in Yemen in October and one day it’s not fanciful to expect the thud of the military jackboot on your front step, or on that of any anti-war organizer, or any journalist whom some zealous military intelligence officer deems to be giving objective support to the forces of Evil and Darkness.
Since 1878 here in the US, the Posse Comitatus Act has limited the powers of local governments and law enforcement agencies from using federal military personnel to enforce the laws of the land. The detention bill renders the Posse Comitatus Act a dead letter.
Governments, particularly those engaged in a Great War on Terror, like to make long lists of troublesome people to be sent to internment camps or dungeons in case of national emergency. Back in Reagan’s time, in the 1980s, Lt Col Oliver North, working out of the White House, was caught preparing just such a list. Reagan speedily distanced himself from North. Obama, the former lecturer on the US constitution, is brazenly signing this authorization for military internment camps.
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