Interrogation, Detention, and Prosecution of American Citizens: A Desired State Policy by Gary D. Barnett
(2010-03-31 at 13:05:03 )

Interrogation, Detention, and Prosecution of American Citizens:
A Desired State Policy by Gary D. Barnett

On March 4th, 2010, Senator John McCain R-AZ, Senator Joseph Lieberman
I-CT and eight other co-sponsors introduced Senate Bill 3081, the -Enemy
Belligerent Interrogation, Detention, and Prosecution Act of 2010.- This
atrocious piece of legislation, if passed, would allow the military to
detain and interrogate U.S. citizens indefinitely and without benefit of
trial simply based on suspicious activity! Of course, the USA PATRIOT
Act and the Military Commissions Act are already in place, and allow for
egregious behavior by government against the citizenry, but this
legislation takes it a step further.

Before I go into any more detail, let me preface my remarks by saying
that I fully understand that this bill has simply been introduced and
sent to the Senate Judiciary Committee. It has not and may not be passed.

Whether it gains approval or not, the fact remains that many powerful
U.S. Senators are attempting to put this into law. This point is crucial
to understand before any critical thinking can take place. Although much
introduced legislation has failed to come to fruition since 2001, much
of it, and the most abhorrent I might add The USA PATRIOT Act, Military
Commissions Act, etc., has been put into law. We in this country have
watched our liberties be destroyed by this government, so nothing should
be taken lightly concerning any new legislation proposed. Regardless if
it actually becomes law or not, the fact is that many of our
representatives are attempting to bring this about, and if this one
fails, another will take its place.

With that said, one of the first things that should be explained is the
new term unprivileged enemy belligerent. It is defined in the Military
Commissions Act of 2009 -FY10 Defense Authorization Bill Section 1031 as:

Definition of Unprivileged Enemy Belligerents
(Those Subject to a Military Commission)

The main purpose of the MCA was to create a forum in which to try -alien
unlawful enemy combatants- for violations of the law of war.

This bill changes that label to -unprivileged enemy belligerent,-
defining this as an individual who: 1) has engaged in hostilities
against the United States or its coalition partners; or 2) has
purposefully and materially supported hostilities against the
United States or its coalition partners.

Upon simple inspection, it is quite obvious that the term -alien- has
been removed and that anyone who only supports hostilities against the
United States (I will discuss this later) can be considered an
unprivileged enemy belligerent. Joanne Mariner, a brilliant lawyer with
Human Rights Watch, explains that: -The new law begins by tweaking the
definition of individuals eligible for trial before military commissions
- most obviously by scrapping the phrase -unlawful enemy combatant,- and
replacing it with -unprivileged enemy belligerent-. This is a cosmetic
change, not a real improvement, which mirrors the administrations
decision to drop the enemy combatant formula in habeas litigation at
Guantanamo Bay. What overshadows all of these differences is, however,
a key similarity with the Bush-era definition. Just as, in the Guantanamo
habeas litigation, the Obama administration has adopted the Bush-era
position of claiming that persons who provide support to hostilities can
be treated just like persons who engaged in hostilities, the new laws
-unprivileged enemy belligerent- definition takes the same tack. This is
an extremely important point, and one that should alarm all citizens!

The very first few lines in this bill in Section 2 states:

Sec. 2. Placement of Suspected Unprivileged Enemy Belligerents in
Military Custody.

-1. MILITARY CUSTODY REQUIREMENT.―Whenever within the United States,
its territories, and possessions, or outside the territorial limits of
the United States, an individual is captured or otherwise comes into the
custody or under the effective control of the United States who is
suspected of engaging in hostilities against the United States or its
coalition partners through an act of terrorism, or by other means in
violation of the laws of war, or of purposely and materially supporting
such hostilities, and who may be an unprivileged enemy belligerent, the
individual shall be placed in military custody for purposes of initial
interrogation and determination of status in accordance with the
provisions of this Act.

In addition, any individual initially captured or who in any manner
comes under effective control of the U.S., may be held, interrogated, or
transported by any U.S. intelligence agency and placed into military
custody. With the establishment of -Interrogation Groups,- which is
authorized by this Act, and composed of personnel in the Executive
Branch, each person captured or held may be designated as a -High-Value
Detainee.-One of the criteria for determining if one is to be designated
as -High Value,- should the obvious ones fail is: -Such other matters as
the President considers appropriate.-

This is of course so broad in nature that virtually anyone can be
detained if deemed necessary by just one mans authority. Any individual
who is suspected of being an unprivileged enemy belligerent will not be
provided Miranda or otherwise be informed of any rights. In addition,
they -May Be Detained Without Criminal Charges And Without Trial For
The Duration Of Hostilities.-

Given that the so-called -War on Terror- may never have an end; this by
design, you can see how horrendous this legislation truly is. Add to this
other legislation that is already in place, and the probability that with
any civil unrest or natural disaster Martial Law could now be not only
implemented but -Legally Administered; Yhere Is A Very Real And
Dangerous Risk To Any Of Us Who Will Not Submit Fully To The State.

I might mention here that there is confusing information in this bill
that is conflictual and contradictory concerning the term alien as
opposed to citizen. But given the new government definition of
-Unprivileged Enemy Belligerent,- I think this confusion unnecessary.

My Opinion Is That Anyone, Citizen Or Not, Classified As An
Unprivileged Enemy Belligerent Will Be Treated The Same Under This Bill.

More and more legislation, whether in the form of executive order or
proposed bill, is constantly being considered and put into the
legislative system. Since much of these proposed rules and changes are
either strengthening the governments position or conflicting with current
law, the confusion continues to mount.

In this confusion, we see that few fully understand the risks we face as
citizens. This lack of clarity seems now to be ever-present in everything
this federal government does. Is this an accident or coincidental? I
think not! Designed confusion is and has always been a useful tool of
government. If you doubt this, just consider the U.S. tax code for
example. No, these continuous new rules are planned from the outset,
so close scrutiny is advised.

Try to think back just a few years and consider the naked progression of
liberty-destructing legislation that is now in place or being considered;
especially since 2001. It is immense!

Of course, it began with the atrocious USA PATRIOT Act and now is
continuing with the possible passage of the -Enemy Belligerent
Interrogation, Detention, and Prosecution Act of 2010.-

During all this time, the military has taken up residence on our streets,
civil liberty has all but disappeared, and fear-mongering by government
has escalated. The state police forces have also become militarized and
armed to the teeth. Habeas corpus no longer is guaranteed and little is
known of what actually goes on behind closed doors in Washington D.C.

I am bringing this to your attention because the threat here is not from
any terrorist or terrorist group, but from our own government.

There Is A Clear And Present Danger To Us All, And It Lives And Breathes
In The Halls Of Congress, In The Courts, And Especially In The Executive
Branch Of The United States Federal Government.

This threat is real and obvious, and little time is left for those of us
who love freedom and liberty to act to reverse this colossal assault on
our rights as human beings.

March 13, 2010

Gary D. Barnett is president of Barnett Financial Services, Inc., in
Lewistown, Montana.

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