govtoversight:

That’s when you know spending is truly out of control. From the article,

In both the House and Senate versions of the legislation, defense lawmakers have inserted $74 billion toward a number of weapons programs “those that have outlived their usefulness” to the department, Panetta said in a speech at the National Press Club in Washington.

govtoversight:

Anyone else think that is ridiculous?
Read about the amendment that aims to end ever-increasing taxpayer-funded contractor compensation.

Judge issues injunction against NDAA’s indefinite detention.

A federal district judge today, the newly-appointed Katherine Forrest of the Southern District of New York, issued an amazing ruling: one which preliminarily enjoins enforcement of the highly controversial indefinite provisions of the National Defense Authorization Act, enacted by Congress and signed into law by President Obama last December. This afternoon’s ruling came as part of a lawsuit brought by seven dissident plaintiffs — including Chris Hedges, Dan Ellsberg, Noam Chomsky, and Birgitta Jonsdottir — alleging that the NDAA violates ”both their free speech and associational rights guaranteed by the First Amendment as well as due process rights guaranteed by the Fifth Amendment of the United States Constitution.”

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Barack Obama Waives Rule Allowing Indefinite Military Detention Of Americans

WASHINGTON — The White Housereleased rules Tuesday evening waiving the most controversial piece of the new military detention law, and exempting U.S. citizens, as well as other broad categories of suspected terrorists.

Indefinite military detention of Americans and others was granted in the defense authorization bill President Barack Obama signed just before Christmas, sparking a storm of anger from civil libertarians on the left and right.

The new rules — which deal with Section 1022 of the law — are aimed at soothing many of their gravest concerns, an administration official said. Those concerns are led by the possibility that a law that grants the president authority to jail Americans without trial in Guantanamo Bay based on secret evidence could easily be abused.

“It is important to recognize that the scope of the new law is limited,” says a fact sheetreleased by the White House, focusing on that worry. “Section 1022 does not apply to U.S. citizens, and the President has decided to waive its application to lawful permanent residents arrested in the United States.”

It also addresses a concern of the White House and advocates of civil law enforcement, insisting that even if a suspect is transfered to the military, the person can be shifted back if the administration believes it is important for national security.

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Is it right to crush free speech as long as the message is offensive to you personally?

Excerpt from NDAA Protests End In Ironic Swarm Of Arrests by Brandon Smith, via Activist Post

Is it right to crush free speech as long as the message is offensive to you personally? Do peaceful protestors really present a legitimate threat to our national stability? Are they truly more dangerous than a corrupt government hellbent on assassinating the legal protections of our natural rights which have existed for centuries? Would any supporter of the jackboot methodology like to explain to me in a coherent manner why they believe their skewed world view should be shielded from sincere questions? Please, I can’t wait to witness the kind of ridiculous mental gymnastics required to make such arguments palatable. If this kind of ignorance wasn’t so destructive, it might actually be entertaining.

The bottom line is, it doesn’t matter if these activists were in Grand Central Terminal, on the streets, or busting through the doors of the Oval Office. While New York authorities will attempt to argue property loopholes in free speech protections for Grand Central, or national security because of the vulnerability of the terminal, really, this has nothing to do with either. This is about the removal of American voices from a room, and nothing more. If the message is going to be suppressed by the mainstream media, and shrugged off by representatives, then protesters must go to where the people are, and make the truth heard by whatever means necessary.

Ultimately, activism is about disturbing people’s normal mundane routines and shocking them out of their pop-culture stupor, even if for a moment. If we aren’t allowed to do that without constant police intervention, then the First Amendment is not being served, and then, my friends, we have a problem, a problem which should be forced down the throat of government with even more public action.

Submission from realitydoctor - New language in NDAA Section 1031

http://www.gpo.gov/fdsys/pkg/BILLS-112s1867es/pdf/BILLS-112s1867es.pdf

Located on page 428 

(e) AUTHORITIES.—Nothing in this section shall be

construed to affect 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.

No matter how you feel about NDAA, we should at least have accurate information.

Three myths about the detention bill

BY GLENN GREENWALD | salon.com

Condemnation of President Obama is intense, and growing, as a result of his announced intent to sign into law the indefinite detention billembedded in the 2012 National Defense Authorization Act (NDAA). These denunciations come not only from the nation’s leading civil liberties andhuman rights groups, but also from the pro-Obama New York Times Editorial Page, which today has a scathing Editorial describing Obama’s stance as “a complete political cave-in, one that reinforces the impression of a fumbling presidency” and lamenting that “the bill has so many other objectionable aspects that we can’t go into them all,” as well as from vocal Obama supporters such as Andrew Sullivan, who wrote yesterday that this episode is “another sign that his campaign pledge to be vigilant about civil liberties in the war on terror was a lie.” In damage control mode, White-House-allied groups are now trying to ride to the rescue with attacks on the ACLU and dismissive belittling of the bill’s dangers.

For that reason, it is very worthwhile to briefly examine — and debunk — the three principal myths being spread by supporters of this bill, and to do so very simply: by citing the relevant provisions of the bill, as well as the relevant passages of the original 2001 Authorization to Use Military Force (AUMF), so that everyone can judge for themselves what this bill actually includes (this is all above and beyond the evidence I assembled in writing about this bill yesterday):

[FULL STORY]

The NDAA:

stfuconservatives:

The Educated Response: Wow, this has far reaching geopolitical consequences and gives the American government the ability to kill terrorists without due process. I am against this because it will effectively make targeted killings such as Anwar al-Awlaki legal.

The Ignorant Alarmist Response: AMERICA IS NOW UNDER MARTIAL LAW! GOVERNMENT IS GOING TO TAKE YOU AWAY FOREVER! SAY GOODBYE TO YOUR FREEDOMS!

It’s almost like people are excited to live in a V For Vendetta/1984 civilization that they’ll take anything as evidence of the end of civil liberties. Shit is going down but it’s not this and not in the way you think it is.

-Joe

My main problem with it is the wording seems to be vague, and I fear that it could be misused against american citizens because of said wording.

Again, this

For noncitizens, such detention would be mandatory. And while news agencies from Reuters to the Huffington Post have recently reported that American citizens would be “exempt” from this requirement, the truth is more complicated. Military detention would still be the default, even for citizens, but at the discretion of the president, it could be waived in favor of handing over the case to domestic law enforcement. Under this law, if the Defense Department thinks you’re a terrorist, there would be no presumption of innocence; you would be presumed a detainee of the military unless the executive decides otherwise. Without such a waiver, again, even if you’re a citizen, you will never hear words like “alleged” or “suspected.” You will be an “unprivileged enemy belligerent,” with limited rights to appeal that status, no rights to due process, or to a jury, or to a speedy trial guided by the rules of evidence.

According to the “law of war” invoked by these sections of the NDAA, a person in military custody can be held indefinitely, without charge and without access to civilian courts. Perhaps most significant, with the suspension of constitutional provisions for due process, there would be no Fifth Amendment right to remain silent. During the Congressional debate over the NDAA, proponents like Senators Saxby Chambliss and Lindsey Graham argued that when we capture someone who is deemed an enemy, we must start with the presumption that “the goal is to gather intelligence” and “prosecution is a secondary concern.” In numbingly infantile terms, they declared that “the meanest, nastiest killers in the world” should be questioned for “as long as it takes,” without them “lawyering up.” This need to make “them” talk was cited repeatedly, endlessly, as the main justification for military detention, with references to “surprise” technologies to get prisoners to speak. 

(Source: stfuconservatives)

jonathan-cunningham:

There was a brief moment when civil libertarians were stunned to see President Barack Obama actually take a stand in favor of civil liberties after years to rolling back on basic rights of citizens and moving beyond the Bush Administration in building up the security state. Obama said that he would veto the defense bill that contained a horrific provision for the indefinite detention of American citizens. While many predicted it, Obama has now again betrayed the civil liberties community and lifted the threat of the veto. Americans will now be subject to indefinite detention with trial in federal courts in a measure supported by both Democrats and Republicans.

This leave Ron Paul as the only candidate in the presidential campaign fighting the bill and generally advocating civil liberties as a rallying point for his campaign. Paul offered another strong argument against the Patriot Act and other expansions of police powers in his last debate. He also noted that the Patriot Act provisions were long advocated before 9-11, which was used as an opportunity to expand police powers. As discussed in a prior column, Obama has destroyed the civil liberties movement in the United States and has convinced many liberals to fight for an Administration that blocked torture prosecutions, expanded warrantless surveillance, continued military tribunals, killed Americans on the sole authority of the President, and other core violations of civil liberties.

It’s no surprise, given that he was the one who asked the clause be put there in the first place, but it’s still frustrating to see Team Blue ignore things that they’d be completely up in arms against if they had been done by Team Red.

Yeah, I’m pissed. I’ve been a supporter of the democratic party since I was old enough to vote, but I can’t excuse this.

I’m actually a bit in shock, I’m not sure what the hell is going on at this point.

The bill had support from both Democrats and Republicans and now the president isn’t going to veto it.

I can’t stand american conservatives, and am now completely losing faith in the Democrats and this country.

It might be time to start looking for a means to get the hell out of the USA.

I’m serious.

There is still a chance to stop indefinite detention without trial before it clears the Senate.

Congressional Tyranny, White House Surrender

Paraphrasing Shakespeare, something is rotten in the state of Capitol Hill. A majority of Congress is just about to put the finishing touches on an amendment to the military budget authorization legislation that will finish off some critical American rights under our Constitution.

Here is how two retired 4 star marine generals, Charles C. Krulak and Joseph P. Hoar, described in the New York Times the stripmining of your freedom to resist tyranny in urging a veto by President Obama:

“One provision would authorize the military to indefinitely detain without charge people suspected of involvement with terrorism, including United States citizens apprehended on American soil. Due process would be a thing of the past….

“A second provision would mandate military custody for most terrorism suspects. It would force on the military responsibilities it hasn’t sought”…. “for domestic law enforcement….”

“A third provision would further extend a ban on transfers from Guantanamo, ensuring that this morally and financially expensive symbol of detainee abuse will remain open well into the future.”

All of Obama’s leading military and security officials oppose this codification of the ultimate Big Brother power. Imagine allowing the government to deny people accused of involvement with terrorism (undefined), including U.S. citizens arrested within the United States, the right to a trial by jury. Imagine allowing indefinite imprisonment for those accused without even proffering charges against them. Goodbye 5th and 6th Amendments.

On some government agency’s unbridled order: just pick them up, arrest them without charges and throw them into the military brig indefinitely. This atrocity deserves to be repeatedly condemned loudly throughout the land by Americans who believe in the rights of due process, habeas corpus, right to confront your accusers, right to a jury trial—in short, liberty and the just rule of law.

Some stalwart lawyers are speaking out soundly: They include Georgetown Law Professor, David Cole, George Washington University Law Professor, Jonathan Turley, Republican lawyer, Bruce Fein, former American Bar Association (2005-2006) president, Michael Greco, and the always alert lawyers at the civil liberties groups. Their well-grounded outcries are not awakening the citizenry.

Where are the one million lawyers? Where are the thousands of law professors? Where are the scores of law school deans? Are they not supposed to be our first constitutional responders?

Where is the Tea Party and its haughty rhetoric about the sanctity of constitutional liberty? Most of the Tea caucus voted for tyranny. Presidential candidate Rep. Ron Paul has been an outspoken critic of this attack on our civil liberties.

The majority also voted to ratify a dictatorial procedure in the Congress, as well. This indefinite, arbitrary, open-ended dictatorial White House mandate was never subjected to even a House or Senate Committee hearing, and was not explained with any rationale known as legislative “findings.” It was rammed through by the House and Senate Armed Services Committees without the Judiciary and Intelligence Committees invoking their concurrent jurisdiction for public hearings.

So extreme are these majority Congressional extremists, composed of both Republicans and renegade Democrats, the latter led by Senator Carl Levin, that the Obama Administration has to lecture them about the fundamental American principle that “our military does not patrol our streets.”

It is not as if the imperial presidencies of Bush and Obama need any more encouragement and legitimization to continue on their lawless paths to criminal wars of aggression, unlawful surveillance, arbitrary slayings of innocents, wrongful imprisonments, and unauthorized spending. Instead of Congress using its constitutional authority regarding the war, appropriations and investigative powers, it formalizes its impotence by handing the “go for it” power to the Executive branch with the vaguest of language boundaries.

Usually there are a few Senators whose upfront defense of our Constitution would lead them to stand tall against the “Senate Club” and put a “hold” on this pernicious amendment. Civil libertarians hope that, before the final Senate vote in the rush to get home for the Holidays, Senators Rand Paul, Tom Harkin, Al Franken, Richard Blumenthal, Ron Wyden, Bernie Sanders, Jeff Merkley, Tom Coburn or Mike Lee would step forth.

A “hold” could spark the demand for public hearings and floor debate to give the American people the time and information to react and ask themselves “how dare Congress take away our most fundamental rights?”

President Obama initially threatened to veto the entire bill and make Congress drop these pernicious dictates that so insult the memory and vision of our founding fathers. He is already signaling that he doesn’t have the backbone to reject the false choice “between our safety and our ideals,” that he asserted in his Inaugural Address.

[SOURCE]