Happy New Year: Obama Signs NDAA, Indefinite Detetion Now Law Of The Land

Happy New Year: Obama Signs NDAA, Indefinite Detention Now Law of the Land




President signs authorization to indefinitely detain, torture and deny trial to Americans; grants power to all future presidents.

Aaron Dykes & Alex Jones
Infowars.com
January 1, 2012

Indeed it is a new day. Ushering in the New Year, President Obama signed legislation that helps to further destroy the principles the nation was founded upon.

President Obama, who pledged to veto the National Defense Authorization Act (NDAA), has now signed it. Of course, his promise was only for public consumption. After all, lying to your enemy is what invading corporate takeover armies do. It was the Obama administration all along that demanded the indefinite detention provisions be added while at the same time telling the American people he was fighting to protect their rights. This is treason on parade, in your face all out despotism– that is, for those paying any attention!

In this video is Alex Jones’ reaction to the bill and Obama’s accompanying signing statement:



As the Associated Press reports, the President signed the bill on Saturday “despite having ‘serious reservations’ about provisions that regulate the detention, interrogation and prosecution of suspected terrorists.”

However, those reservations have nothing to do with the rights of the people under the Constitution and Bill of Rights that he swore to protect– rather, his reservations dealt with changes that “challenged the president’s terrorism-fighting ability.” He reportedly accepted the legislation only after such impedance was removed.

Instead, it was a deceptive maneuver to appear wary of such powers when the White House demanded it all along. In fact, Obama’s veto threat was always about that issue– the language over Section 1022 and NOT the authorization for the indefinite detention of Americans in Section 1021. Rather, it was a debate over “requiring” military protocol on detention rather than leaving the discretion over whether to detain to the executive branch, under the power of the Presidency.

Yesterday, with a friendly note, Obama issued a signing statement that read:

“Moving forward, my administration will interpret and implement the provisions described below in a manner that best preserves the flexibility on which our safety depends and upholds the values on which this country was founded.”

Despite positioning himself in the signing statement as cautious towards the rights of the individuals in the nation, the President has just signed into law a provision that threatens the right of every American to due process, and a public trial with a jury. Instead, he has handed over grotesque authority to himself and EVERY President that comes after him, whatever their intentions might be.

Obama’s signing statement later states:

Moreover, I want to clarify that my Administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a Nation.

Even if Obama’s stated intention here is true, it is no guarantee of the attitudes and interpretations of future presidents, or of the intent of their power advisors, many of whom operate the national security shadow network. Instead, it is yet another Constitution-destroying, power-grabbing so-called law.

The ACLU, too, warns about this deception:

President Obama signed the National Defense Authorization Act (NDAA) into law today. The statute contains a sweeping worldwide indefinite detention provision. While President Obama issued a signing statement saying he had “serious reservations” about the provisions, the statement only applies to how his administration would use the authorities granted by the NDAA, and would not affect how the law is interpreted by subsequent administrations.

[...] ACLU executive director Anthony D. Romero stated: “The statute is particularly dangerous because it has no temporal or geographic limitations, and can be used by this and future presidents to militarily detain people captured far from any battlefield.”

Obviously, this is a dangerous precedent and a dark day for America.

Obama’s Signing Statement on NDAA: I have the power to detain Americans… but I won’t




<p>Aaron Dykes
Infowars.com
January 1, 2012

As Americans look upon the treacherous legislation passed under NDAA 2012, it it should first be remembered that the very bill President Obama threatened to veto was controversial due to the language the Obama White House itself pressured Congress to add to the bill, according to Sen. Carl Levin.

Second, signing statements are not law, and are not a Constitutional power granted to the executive branch; any reassuring (or troubling) language within has no binding status– though it may shed light on the intent/character of the chief executive. However, the statement itself does not indicate any deviation of intent from the law as written and signed.

From Wikipedia: The Constitution does not authorize the President to use signing statements to circumvent any validly enacted Congressional Laws, nor does it authorize him to declare he will disobey such laws (or parts thereof). When a bill is presented to the President, the Constitution (Art. II) allows him only three choices: do nothing, sign the bill, or (if he disapproves of the bill) veto it in its entirety.

Obama’s use of signing statements has clearly shown his willingness to continue the George W. Bush legacy– not only of torture and illegal detainment, but in the dangerous trend of de facto rule by “executive fiat.” Worse, such signing statements put in place a precedent for future presidents to follow– or expand upon.

Further, Barack Obama has continued to backslide on his campaign promise not to use signing statements and executive orders to circumnavigate legislation signed into law. RELATED (Feb. 2010): Obama Breaks Yet Another Key Campaign Promise on Executive Orders, Signing Statements

After the legislation cleared Congress, the ACLU commented that signing the bill “will damage both his legacy and American’s reputation for upholding the rule of law,” while executive director of the Human Rights Watch blasted the President for being ‘on the wrong side of history,’ noting that “Obama will go down in history as the president who enshrined indefinite detention without trial in US law.”

Presidential candidate Ron Paul went even further, declaring that the NDAA bill begins the official establishment of martial law in the United States (see video).











Below is the signing statement issued by the White House in full:

————---------------------------------------------------------------------

THE WHITE HOUSE

Office of the Press Secretary

FOR IMMEDIATE RELEASE

December 31, 2011

Statement by the President on H.R. 1540

Today I have signed into law H.R. 1540, the “National Defense Authorization Act for Fiscal Year 2012.” I have signed the Act chiefly because it authorizes funding for the defense of the United States and its interests abroad, crucial services for service members and their families, and vital national security programs that must be renewed. In hundreds of separate sections totaling over 500 pages, the Act also contains critical Administration initiatives to control the spiraling health care costs of the Department of Defense (DoD), to develop counterterrorism initiatives abroad, to build the security capacity of key partners, to modernize the force, and to boost the efficiency and effectiveness of military operations worldwide.

The fact that I support this bill as a whole does not mean I agree with everything in it. In particular, I have signed this bill despite having serious reservations with certain provisions that regulate the detention, interrogation, and prosecution of suspected terrorists. Over the last several years, my Administration has developed an effective, sustainable framework for the detention, interrogation and trial of suspected terrorists that allows us to maximize both our ability to collect intelligence and to incapacitate dangerous individuals in rapidly developing situations, and the results we have achieved are undeniable. Our success against al-Qa’ida and its affiliates and adherents has derived in significant measure from providing our counterterrorism professionals with the clarity and flexibility they need to adapt to changing circumstances and to utilize whichever authorities best protect the American people, and our accomplishments have respected the values that make our country an example for the world.

Against that record of success, some in Congress continue to insist upon restricting the options available to our counterterrorism professionals and interfering with the very operations that have kept us safe. My Administration has consistently opposed such measures. Ultimately, I decided to sign this bill not only because of the critically important services it provides for our forces and their families and the national security programs it authorizes, but also because the Congress revised provisions that otherwise would have jeopardized the safety, security, and liberty of the American people [Editor's Note: This phrase is nothing more than a legal-loophole clause referring to threats to veto prior versions, as the White House disputed not being given deference over detainment to the Office of the President]. Moving forward, my Administration will interpret and implement the provisions described below in a manner that best preserves the flexibility on which our safety depends and upholds the values on which this country was founded.

Section 1021 affirms the executive branch’s authority to detain persons covered by the 2001 Authorization for Use of Military Force (AUMF) (Public Law 107-40; 50 U.S.C. 1541 note). This section breaks no new ground and is unnecessary. The authority it describes was included in the 2001 AUMF, as recognized by the Supreme Court and confirmed through lower court decisions since then. Two critical limitations in section 1021 confirm that it solely codifies established authorities. First, under section 1021(d), the bill does not “limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.” Second, under section 1021(e), the bill may not be construed to affect any “existing law or authorities relating to the detention of United States citizens, lawful resident aliens of the United States, or any other persons who are captured or arrested in the United States.” My Administration strongly supported the inclusion of these limitations in order to make clear beyond doubt that the legislation does nothing more than confirm authorities that the Federal courts have recognized as lawful under the 2001 AUMF. Moreover, I want to clarify that my Administration will not authorize the indefinite military detention without trial of American citizens. Indeed, I believe that doing so would break with our most important traditions and values as a Nation. My Administration will interpret section 1021 in a manner that ensures that any detention it authorizes complies with the Constitution, the laws of war, and all other applicable law.

Section 1022 seeks to require military custody for a narrow category of non-citizen detainees who are “captured in the course of hostilities authorized by the Authorization for Use of Military Force.” This section is ill-conceived and will do nothing to improve the security of the United States. The executive branch already has the authority to detain in military custody those members of al-Qa’ida who are captured in the course of hostilities authorized by the AUMF, and as Commander in Chief I have directed the military to do so where appropriate. I reject any approach that would mandate military custody where law enforcement provides the best method of incapacitating a terrorist threat. While section 1022 is unnecessary and has the potential to create uncertainty, I have signed the bill because I believe that this section can be interpreted and applied in a manner that avoids undue harm to our current operations.

I have concluded that section 1022 provides the minimally acceptable amount of flexibility to protect national security. Specifically, I have signed this bill on the understanding that section 1022 provides the executive branch with broad authority to determine how best to implement it, and with the full and unencumbered ability to waive any military custody requirement, including the option of waiving appropriate categories of cases when doing so is in the national security interests of the United States. As my Administration has made clear, the only responsible way to combat the threat al-Qa’ida poses is to remain relentlessly practical, guided by the factual and legal complexities of each case and the relative strengths and weaknesses of each system. Otherwise, investigations could be compromised, our authorities to hold dangerous individuals could be jeopardized, and intelligence could be lost. I will not tolerate that result, and under no circumstances will my Administration accept or adhere to a rigid across-the-board requirement for military detention. I will therefore interpret and implement section 1022 in the manner that best preserves the same flexible approach that has served us so well for the past 3 years and that protects the ability of law enforcement professionals to obtain the evidence and cooperation they need to protect the Nation.

My Administration will design the implementation procedures authorized by section 1022(c) to provide the maximum measure of flexibility and clarity to our counterterrorism professionals permissible under law. And I will exercise all of my constitutional authorities as Chief Executive and Commander in Chief if those procedures fall short, including but not limited to seeking the revision or repeal of provisions should they prove to be unworkable.

Sections 1023-1025 needlessly interfere with the executive branch’s processes for reviewing the status of detainees. Going forward, consistent with congressional intent as detailed in the Conference Report, my Administration will interpret section 1024 as granting the Secretary of Defense broad discretion to determine what detainee status determinations in Afghanistan are subject to the requirements of this section.

Sections 1026-1028 continue unwise funding restrictions that curtail options available to the executive branch. Section 1027 renews the bar against using appropriated funds for fiscal year 2012 to transfer Guantanamo detainees into the United States for any purpose. I continue to oppose this provision, which intrudes upon critical executive branch authority to determine when and where to prosecute Guantanamo detainees, based on the facts and the circumstances of each case and our national security interests. For decades, Republican and Democratic administrations have successfully prosecuted hundreds of terrorists in Federal court. Those prosecutions are a legitimate, effective, and powerful tool in our efforts to protect the Nation. Removing that tool from the executive branch does not serve our national security. Moreover, this intrusion would, under certain circumstances, violate constitutional separation of powers principles.

Section 1028 modifies but fundamentally maintains unwarranted restrictions on the executive branch’s authority to transfer detainees to a foreign country. This hinders the executive’s ability to carry out its military, national security, and foreign relations activities and like section 1027, would, under certain circumstances, violate constitutional separation of powers principles. The executive branch must have the flexibility to act swiftly in conducting negotiations with foreign countries regarding the circumstances of detainee transfers. In the event that the statutory restrictions in sections 1027 and 1028 operate in a manner that violates constitutional separation of powers principles, my Administration will interpret them to avoid the constitutional conflict.

Section 1029 requires that the Attorney General consult with the Director of National Intelligence and Secretary of Defense prior to filing criminal charges against or seeking an indictment of certain individuals. I sign this based on the understanding that apart from detainees held by the military outside of the United States under the 2001 Authorization for Use of Military Force, the provision applies only to those individuals who have been determined to be covered persons under section 1022 before the Justice Department files charges or seeks an indictment. Notwithstanding that limitation, this provision represents an intrusion into the functions and prerogatives of the Department of Justice and offends the longstanding legal tradition that decisions regarding criminal prosecutions should be vested with the Attorney General free from outside interference. Moreover, section 1029 could impede flexibility and hinder exigent operational judgments in a manner that damages our security. My Administration will interpret and implement section 1029 in a manner that preserves the operational flexibility of our counterterrorism and law enforcement professionals, limits delays in the investigative process, ensures that critical executive branch functions are not inhibited, and preserves the integrity and independence of the Department of Justice.

Other provisions in this bill above could interfere with my constitutional foreign affairs powers. Section 1244 requires the President to submit a report to the Congress 60 days prior to sharing any U.S. classified ballistic missile defense information with Russia. Section 1244 further specifies that this report include a detailed description of the classified information to be provided. While my Administration intends to keep the Congress fully informed of the status of U.S. efforts to cooperate with the Russian Federation on ballistic missile defense, my Administration will also interpret and implement section 1244 in a manner that does not interfere with the President’s constitutional authority to conduct foreign affairs and avoids the undue disclosure of sensitive diplomatic communications. Other sections pose similar problems. Sections 1231, 1240, 1241, and 1242 could be read to require the disclosure of sensitive diplomatic communications and national security secrets; and sections 1235, 1242, and 1245 would interfere with my constitutional authority to conduct foreign relations by directing the Executive to take certain positions in negotiations or discussions with foreign governments. Like section 1244, should any application of these provisions conflict with my constitutional authorities, I will treat the provisions as non-binding.

My Administration has worked tirelessly to reform or remove the provisions described above in order to facilitate the enactment of this vital legislation, but certain provisions remain concerning. My Administration will aggressively seek to mitigate those concerns through the design of implementation procedures and other authorities available to me as Chief Executive and Commander in Chief, will oppose any attempt to extend or expand them in the future, and will seek the repeal of any provisions that undermine the policies and values that have guided my Administration throughout my time in office.

BARACK OBAMA

http://www.whitehouse.gov/the-press-office/2011/12/31/statement-president-hr-1540

Ron Paul Calls National Defense Authorization Act “Slip Into Tyranny”




<p>JOE WOLVERTON, II
New American
January 1, 2012

“A dictator enjoys unrestrained power over the people. The legislative and judicial branches voluntarily cede this power or it’s taken by force. Most of the time, it’s given up easily, out of fear in time of war and civil disturbances, and with support from the people, although the dictator will also accumulate more power with the use of force.” Those prescient words of Republican presidential candidate Congressman Ron Paul (R-Texas) are taken from his book Liberty Defined: 50 Essential Issues That Affect Our Freedom. The tyrannical assumption of power by the President and the cession of unheralded power to him by the Congress has taken place precisely as Dr. Paul warned.

The National Defense Authorization Act (NDAA) is an unprecedented, unconstitutional, and unchecked grant of dictatorial power to the President in the name of protecting the security of “the homeland.” Ron Paul described the bill (soon to be signed into law by the President) as a “slip into tyranny,” one that will almost certainly accelerate “our descent into totalitarianism.”

What of the NDAA? Are there indeed provisions contained therein that so ferociously tear at the constitutional fabric of our Republic?

In a word — yes.

This liberty-extinguishing legislation converts America into a war zone and turns Americans into potential suspected terrorists, complete with the full roster of rights typically afforded to terrorists — none.

A key component of this reconciled bill mandates a frightening grant of immense and unconstitutional power to the executive branch. Under the provisions of Section 1021, the President is afforded the absolute power to arrest and detain citizens of the United States without their being informed of any criminal charges, without a trial on the merits of those charges, and without a scintilla of the due process safeguards protected by the Constitution of the United States.

Full article here