And So I Go: Yesterday, Today and Tomorrow

UPDATE: Presidents now have the power to detain Americans for no reason!

Posted on: December 6, 2011

Update: (  If you are just now reading  this post the original starts below the the **** line below. The following is the updated material.  BB)This law has passed the House  and will of course be passed by the Democratic Senate and sent to Obama.  We the People can now be arrested at any time by any government official and detained indefinitely  with no recourse  or legal representation.  We can just be named as “enemies of the state”  for no  stated cause.   I hope some of you, or most of you watch Judge Napolitano on FOX Business news each night at 8 pm.  It is depressing but you will be kept abreast of the liberties that are being systematically taken from us.  Of course not enough of you are watching or surely something would be done.  Waiting for the 2012 election is going to be too late!  Then again I don’t know what to do when our entire government seems determined to destroy us.

This from the latest Wake Up America newsletter:

  • House passage yesterday from GOP majority fortunately found 43 Republicans opposed, an increase due to public outcry, but not enough to stop it
  • As you read this the Senate is now finalizing its passage to send this to Obama to be signed into law (which he said he wouldn’t do but of course he will.)
  • NOW, due to your calls of protest to the Senate a NEW bill is being introduced. Called the “Due Process Protection Act” it is bipartisan and co-sponsored by Rand Paul (KY) Mike Lee (UT) and Mark Kirk (IL)
  • Congress thus believes they have responded to citizen outrage at the removal of due process protection of citizens and that the NEW bill will cover this. NOT SO!
  • Sad but true, seems we have to study these bills for our officials to point out their flaws and dangers. Here’s what’s wrong and the Due Process Act won’t stop it at all: This FDAA also includes a totally new merge of military authority between Federal, state and local governments.Section 515 of S1867/H 1540 establishes new DUAL AUTHORITY of state governors in conjunction with National Guard to act in “emergencies” as Federal military officers. Yes, you read that right: No more separation of state and federal branches as established and protected by the U.S. Constitution! 

Once again, WAM can’t explain whether Capital Hill has not read this part of its own new laws – or if they just don’t care about the Constitution. We can only concur with Congressman Ron Paul that this “Defense Bill Authorizes Martial Law in America” and the new forthcoming Due Process Protection Act does not correct that because it does not address SECTION 515 which federalizes and militarizes our State governments!


Here is the Governors Association letter about new “Dual Authority” conferred by the Military Authorization Act of 2012:
Obama’s new Council of Governors, which was his first step at intervening with state authorities, has praised the new Federal powers invested in state officials included in the Military Authorization Act 2012. As a citizen who sees the sense of our separation of Federal and state authorities, I do not agree. I do not know if you did not read this part of the FDAA you just voted into law – or if you do not understand that it places state Governors in the role of Federal military (see Section 515 of HR1450/S1867.)This is a violation of the Constitutional separation of powers. It takes no imagination to see that this opens the door to Marital Law on the basis of undefined “emergency.” To quote from a part of this Section of the law you passed:
“Dual Status Command allows a National Guard officer or a commissioned federal military officer to simultaneously direct both state and federal military forces.”
Governors are also so authorized to serve as federal military officials.
I am aware that a new bipartisan bill “Due Process Protection Act” is being introduced to clarify the discrepancies of Section 1031 and 1032 of FDAA regarding due process rights of individual U.S. citizens. However, your support  of that new bill will not redress the unconstitutional dangers of Section 515 in its merging of military powers without regarding for the separation of powers.
Capitol Hill members ought to thereby be aware that passing a new Due Process Act to correct one faulty part of the FDAA will not remove the law’s DUAL AUTHORITY authorization of state Governors as Federal military officials in unclassified “emergency” actions. That Section 515 further states “no consent” of military personnel or their units is required is a further affront to citizen protections and the U.S. Constitution.
As this was passed through both Houses of Congress without express concern on the part of most Republican members, we can only now ask: who in Washington can be trusted to respect the foundation of our government? To truly protect American citizens you, as our representative, must also take action to reverse or significantly limit Section 515 of FDAA.
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I have been appalled and disbelieving of the rumors of the Republicans voting for the most important right afford us by the Bill of Rights–our freedom.  MY right and YOUR right as Americans to live our lives free of the fear of being detained and locked behind bars and fences and boundaries without due process of  our laws finding us guilty of a crime.   But it has happened and some of those we have trusted the most are trying to justify their voting for the defense  bill with this little bit of betrayal tucked in it.  The  newsletter following explains it very well and also gives some actions you may want to take.   Maybe if we Americans act swiftly it won’t be too late.  Maybe.BB

Dear Brenda,

WAM sends this message with urgency and heavy heart. To sum it up, exhaustive research appears to indicate that our American Bill of Rights has been waived – in one irresponsible sweeping action – by both houses of Congress. A quick summary follows here. An urgent outline of action to take follows.
We all know that this is the “busy holiday season” which may play a role in how downplayed this critical issue has been its recent passage. Please give this your immediate attention. Contact Congress NOW and outreach other concerned citizens with this information immediately.
The fact that so many of US invested our energies to elect new representatives who promised to preserve our Constitutional rights – AND VOTED YES on this passage – is especially alarming. Even the Defense Department has advised against this Act and cited difficulties in its implementation, stating it will interfere with action on actual terrorists – but the GOP in Congress didn’t listen and passed it anyway. See what, how and – worst of all – the likely “secret” reason why below.
For one small nightmare example (even before this Act’s passage) A Georgia businessman put a sign on his truck last week that he will not hire until Obama is out of office. His phone lines were then disrupted, he was harassed – and finally the Secret Service visited him personally to ensure he was not “a physical threat to the President.” All over a sign on a truck. What’s happening to freedom of speech? And don’t we want our military heros – and state officials – to have better ways to use their time than all that?!  See specifics:

What is the DEFENSE AUTHORIZATION ACT just passed – and why it is VITAL you ACT Now! 
Detainee Detention Expansion in this Act obliterates U.S. Bill of Rights
on HR 1540 and S 3867 – see here the DANGERS

Emails are flying – with warnings on the suspension of U.S. citizen protections, legal standards revisions, unwarranted military imprisonment and use of Federal troops against Americans ON U.S. Soil implied in this legislation.
Unfortunately – having done extensive research – WAM now reports the uproar against this Authorization Act appears to be warranted. Even worse, analysis (of the closed door rush, timing – and media blackout – on last Thursday’s Senate passage of this Defense Authorization Act ) reveals some shocking conclusions as to why all this covertness and rush has been happening.
Please review this summary & analysis and TAKE ACTION NOW by contacting your Representative and Senators.
en the time, you can also go to and/or govtrack and review this legislation for yourself.
Take A Stand!

their SUPPORT of DETENTION ACT. If they claim that it does NOT cover citizens TELL THEM you want a letter or email from them of fact in writing.
BE AWARE that their reassurance only proves one thing:
ONLY IF MANY OF US CONTACT CONGRESS IMMEDIATELY is it possible to STOP this law from House & Senate reconciliation into binding action  – against all our country has ever stood for. 

Substantiating the outrage on civil liberties, see this link on how the Governors Association is praising this legislation – and WHY they are praising it.
Summary: According to an official press release Govs are glad these laws give them DUAL STATE AND FEDERAL AUTHORITY – in the event of a “national emergency” This part of the Act allows National Guard and Federal military officers to direct both state and federal forces simultaneously.
Yes, you read that right – a merging of Federal and State action ON U.S. SOIL. If that doesn’t equate with a Military take-over what does?
This portion of the Act has NOT been reported on anywhere!


Summing it up: Has all of Congress sold US out on due process?

Because this action on Capitol Hill has been so obfuscated, here is an overview: The origin of Detainee Detention goes back to the PATRIOT ACT introduced in the Bush presidency.
This spring, on May 26, 2011, the House of Representatives passed a sweeping nearly unanimous update of that without press attention. Ironically, those who objected were mainly Democrats. Media about this was focused on the issue of whether “terrorist suspects” should be under military or civilian U.S. justice. That now appears to be no more than a cloud cover for the expansion of Executive and Federal authorities under this Act.  How so?
This past week, Thursday, the Senate virtually rushed this Military Authorization passage through – in and out of Committee and through a nearly unanimous AYE vote – all within about a day and initiated in closed door meetings. Those of US who have been watching Congress with an eagle eye in recent years know the signs to watch for:
  • Major media block or diversion: in this case, the “public” controversy” was limited to the issue of how to treat Middle East terrorists only. Even now, there is discussion that Obama may veto the legislation: NOT because it rids US of civil rights, but rather because he doesn’t like placing foreigners under military detention.
  • Clouding the real issues: All other press attention was on the budget related aspects (military spending.) No one discussed its implications for authorizing unwarranted indefinite detention of American citizens for involvement in “terrorism.” (And no one at all- see left column here – has even noticed the Federal & State coordinated action/authority it places on states governors and military officers!)
  • Sudden unexpected Capitol Hill consensus In a period of general Congressional inaction it is very rare for the Senate to move a bill through to law within one day. (This one went through Committee approval PLUS passage all in a day. That only happens when a matter is considered EMERGENCY ACTION.)
As of today, Monday, there is NO further word on Obama’s supposed veto nor is their any update online on the SELECT COMMITTEE OF BOTH HOUSES ascribed to prepare this LAW for his signature (That action was calendared for Friday, December 2 – but there is still no reporting on its outcome anywhere.)
We can wait no longer for more information. The writing is on the wall. If the joint committee sends this through – and Obama signs it American civil liberties become a thing of the past. 
Inconceivably, this legislation has been put through by REPUBLICANS, with just a few real Conservatives objecting. Oddly enough, Democrats have been in large part opposed to these measures. What’s happened to Tea Party House members defending the Constitution? (see below.)
The loophole which is enabling bill sponsors to “hide” the law’s consequences: This bill had 2 special Sections 1301 and 1302 – which seem to contradict each other regarding who is included in “terrorist” detention enforcement under military action. Attempts to amend this confusion failed – due to lack of GOP support for any clarification. 
A military judicial expert has verified that this bill, while confusing, ultimately and definitely does place American citizens – and our streets – under subjugation by military (Executive) authorization: NO due process, NO proof required, NO legal representation, NO duration date to captivity. 
OTHERWISE: What DO we even have separation of States and Federal authority? Why DO we even have a civil law system? Why DO they claim we still have any Bill of Rights at all? (See Senator Kirk video below for how many Amendments are violated by this Act.) 

the LEFT hates it – the RIGHT hates it – so WHY did Congress PASS it? See concerns here
If there any doubts this legislation is dangerous, reading Rubio’s obscure comments demonstrates these concerns. If you check the above link, you’ll see – astonishingly – his reassurance to US states it doesn’t “detain otherwise law abiding citizens for simply carrying on in their daily lives.” Not very reassuring! This sounds like: Don’t worry, as long as you are no trouble, you won’t get in trouble. 
Statue of Libery photo
Senator Rand Paul, Representative Ron Paul and a tragically few other strict Constitutionalists did not agree – and voted NAY – but they were in the minority. Equally puzzling, Senator Mark Kirk, who like Rubio, initially voted against cloture on these measures turned around and voted FOR it! See what Kirk’s legitimate concerns were, in his original objections. (NOTE: Several amendments were offered to clarify and ensure NO citizen could be incarcerated without due process. All such amendments were totally defeated.)
S 1867 Sen Kirk Floor Speech
S 1867 Sen Kirk Floor Speech – remember to CALL him, too.
After this eloquent opposition,        he turned around and then voted FOR IT! Why??????

See below

THE ONLY LOGICAL EXPLANATION: Capitol Hill is preparing to PROTECT US from ourselves
Overview Analysis: Here’s the BIG PICTURE no one is talking about:  
  1. While massive marketing campaigns and sell-off sales pushed up consumers Christmas shopping schedule – all avidly covered on TV – little U.S. media attention has been focused on the approaching potential collapse of the Euro and its devastating impact on America’s economy. But folks “in the know” are privately very worried.
  2. Remember Andy Sterns, the SEIU President and Obama buddy? He was forced into resignation by scandal but turned right around and began to organize PROTESTS internationally. The result? the so-called “Occupy Wall Street” near riots (here and abroad.) What a sly tactic for convincing our public officials that We the People cannot be trusted if there were to be economic collapse (aka “National Emergency”
  3. Just like the rushy-rushy (secret meetings et al) 2008 BAIL OUT, it looks like they’re at it again. Congress has just decided they must PROTECT US FROM OURSELVES – with DETENTION AUTHORITY over U.S. Citizens Plus EMERGENCY PREPARATION for National Guard action on the streets of America (with State Governors and Federal Military Officers working together – which is definitely included in HR 540 and S 3867.
  4. THE ONLY LOGICAL CONCLUSION to this insanity is that a) much of Congress neither trusts nor represents US. They think it is their job to protect us from ourselves instead of maintaining the U.S. Constitution. They are also more concerned about protecting institutions than citizens.
  5. Those new Tea Party members ((Sen. Mike Lee who voted NAY being a rare exception) either did NOT read – OR do not understand the legislation they have passed!

3 Responses to "UPDATE: Presidents now have the power to detain Americans for no reason!"

member to CALL him, too.
After this eloquent opposition, he turned

It is a creeping global phenomena known as “Fascism from within”. I am sorry to say. It is designed to keep the people of the world in economic slavery. It is a plan and is not an accident. Using division and hatred, under the banner of democracy. As long as there is reason to hate and fear each other. Division and hatred can be exploited. Providing reason for armies and war. Which is very profitable. Peace and love is not profitable. So agents of war, will exploit all of the opposions feelings of frustration which can easily boil over into rash decisions. Thus providing the reasons for continuing exploitation of it all. Freedoms are being eroded, through the use of violence. Most people are just interested in surviving and care little, except surviving. As each piece is taken from them; until all that’s left will be a fascist state or globe. The new world order, etc. Human memory is a short-term thing, when their freedoms are taken comparatively slowly. The masses are not disturbed.

So right! I hope however that we Americans will be the exception and continue to be a beacon of individual liberty for the world. The best, boldest and most courageous and freedom loving came to America in the beginning and are still the ones coming so I continue to believe in the American Dream of Freedom. BB

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