Arrogant Obama “Warns” Congress
The National Defense Authorization Act of 2013 (NDAA) is making its way through Congress, and if it is in any way different from last year’s unconstitutional onslaught against the American public, it is only for the worse.
Last year, Congress overwhelmingly passed and Barack Hussein Obama signed into law the most egregious assault on due process rights in the nation’s history. The NDAA of 2012 gave Obama unlimited authority to have members of the U.S. military detain any American citizen he suspected of posing a potential threat to the United States. According to the Act, such citizens face an indefinite period of imprisonment with no right of habeas corpus, no right to trial, no right to present proof of innocence, and no method of appeal.
In his signing statement, Obama made a point of offering false and cynical protestations against this indefinite detention language, claiming his administration “…[would] not authorize without trial the indefinite military detention of American citizens.” Of course, those concerns were no more than verbal crocodile tears as Senator Carl Levin later revealed it was Obama himself who demanded the detention powers be part of the Act.
In mid-May, Obama issued an 8 page Statement of Administration Policy expressing his views on the existing 2013 version of the NDAA. In it, Obama makes no mention whatever of the controversial “revocation of due process” section. In fact, the closest he comes to speaking of that particular threat to the American public is in a brief, final paragraph entitled “Constitutional Concerns.” And what are the President’s constitutional concerns? Why, Congressional “…encroachment on the President’s exclusive authorities
related to international negotiations,” of course!
It seems Obama has decided that the only unacceptable, constitutional abuse of federal power contained in the Act involves an assault on HIS “exclusive authority.” And Obama repeats this concern throughout the Statement, chiding Congress for its obvious lack of respect for what he apparently believes an unlimited power to make treaties or “retire, dismantle or eliminate” the nation’s nuclear and conventional arsenals, indeed for “…the Executive branch’s ability to carry out its military, national security and foreign relations activities…” More than once, the petulant President threatens a veto of the Act should Congress not come to its collective senses and allow him full exercise of the dictatorial authority that he apparently believes to have come with the job.
Obama undoubtedly considers such a display of arrogance quite safe, even in an election year as the majority of Republicans have shown themselves just as eager to pass this dictatorial authority on to the President in 2013 as they had been a year earlier. Chairman of the Armed Services Committee, GOP Congressman Buck McKeon, has even written a new provision into the Act, claiming American citizens would have full availability of a writ of habeas corpus “…in a court ordained or established by or under Article III of the Constitution for any person who is detained in the United States pursuant to the Authorization for the Use of Military Force.”
Unfortunately, just like the fraudulent assurances that were made part of the 2012 Act, McKeon’s language “…does nothing to prevent the indefinite detention of American under the 2013 NDAA” itself! Nor does it include any guarantee of habeas corpus rights before military courts or tribunals, the actual venue for federal actions against Obama’s detainees! In short, McKeon’s cynical efforts simply provide meaningless cover for Barack Obama’s future abuses of power, nothing more.























I'd be shaking in my shoes about now... especially since there's just no way you can run on your (gasp) record of accomplishment.
You are, without doubt, the WORST President since James Buchanan.
Note: For you Obamabots who can't see past George W Bush, that was the president from 1857 to 1861 whose mishandling of the Dredd Scott decision--and utter lack of leadership--took our country down the road to Civil War.
And WHICH recent president has been just as divisive? That's right, your messiah-in-chief.
For example, Section 1033 of the mark-up version passed by the committee is pointed to by Buck McKeon (R-Calif.), Chairman of the House Armed Services Committee, as proof that habeas corpus is protected in the 2013 legislation. Here is the current text of that updated provision:
This section would state that nothing in the Authorization for Use of Military Force (Public Law 107-40) or the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) shall be construed to deny the availability of the writ of habeas corpus in a court ordained or established by or under Article III of the Constitution for any person who is detained in the United States pursuant to the Authorization for Use of Military Force (Public Law 107-40).
The double-speak contained in that paragraph is impressive even for a Capitol Hill lawyer.
Read it very closely: The new bill does nothing to prevent the indefinite detention of Americans under the 2013 NDAA; furthermore, it only reiterates that habeas corpus is a right in courts established under Article III of the Constitution. That such a right exists in the courts of the United...
For example, Section 1033 of the mark-up version passed by the committee is pointed to by Buck McKeon (R-Calif.), Chairman of the House Armed Services Committee, as proof that habeas corpus is protected in the 2013 legislation. Here is the current text of that updated provision:
This section would state that nothing in the Authorization for Use of Military Force (Public Law 107-40) or the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81) shall be construed to deny the availability of the writ of habeas corpus in a court ordained or established by or under Article III of the Constitution for any person who is detained in the United States pursuant to the Authorization for Use of Military Force (Public Law 107-40).
The double-speak contained in that paragraph is impressive even for a Capitol Hill lawyer.
Read it very closely: The new bill does nothing to prevent the indefinite detention of Americans under the 2013 NDAA; furthermore, it only reiterates that habeas corpus is a right in courts established under Article III of the Constitution. That such a right exists in the courts of the United States has never been the issue. The concern of millions of Americans from every band in the political spectrum is that Americans detained as “belligerents” under the terms of the NDAA will not be tried in Article III courts, but will be subject to military tribunals such as the one currently considering the case of the so-called “Gitmo Five.” There is not a single syllable of the 2013 NDAA that passed out of the House Armed Services Committee on Thursday that will guarantee that Americans will be tried in a constitutional court and not a military commission.
PERHAPS, JUST PERHAPS INCUMBENT SHOULD TAKE NOTE, THINK?