Effort To Imprison Americans Without Trial Supported By Hawaii’s Democratic Senators

The 5th Amendment to the Constitution makes a promise to Americans: No one can be deprived of their liberty without due process. Under the Constitution, you can’t be thrown in prison unless you have been convicted of the crime you’re accused of, and the conviction has to take place through a fair trial.

H.R. 1540, the National Defense Authorization Act (NDAA), ignores these constitutional rights. The legislation, if signed into law by Barack Obama, will grant legal authority to arrest Americans on U.S. soil, and throw them into prison for life without any trial, or even any criminal charge.

daniel inouye daniel akakaThe mere accusation that an American is in some way associated with a terrorist organization will be all the grounds required for a life sentence in prison. The government won’t be required to prove the guilt of the imprisoned. If Homeland Security bureaucrats decide to target an American, they’ll be able to lock that person away forever, and there won’t be anything anyone can do about it.

The NDAA is profoundly unconstitutional, and unAmerican.

There was a time we could have said that such legislation was unDemocratic as well. Once upon a time, the Democratic Party promised to restore the integrity of the Constitution and the rule of law. They promised an end to indefinite detentions. That time is over.

Once, Hawaii’s Democratic Senator Daniel Inouye gave speeches decrying the “shadow government.” Now, Senator Inouye has embraced that shadow government. Both he and Hawaii’s other senator, Daniel Akaka, voted yesterday to approve H.R. 1540. The Democratic Party of Hawaii now stands against protecting the constitutional rights of American citizens. Hawaii’s top Democrats have voted in support of removing one of the first freedoms established after the Revolutionary War – freedom from arbitrary imprisonment.

One Comment

on “Effort To Imprison Americans Without Trial Supported By Hawaii’s Democratic Senators
One Comment on “Effort To Imprison Americans Without Trial Supported By Hawaii’s Democratic Senators
  1. You really ought to consult the text of the bill, Ms. Elliot.

    You are talking about the National Defense Authorization Bill of 2012, and you can track it under .
    HR 1540. It’s about what to do with the GITMO detainees, not US citizens.
    You are interested in Title X, subtitle D – Detainee Matters
    Section 1031 contains a recitation of the authority governing this subtitle. It is background, and is explicitly provides that this law DOES NOT CHANGE the prior law at sections (d) and (e):

    “(d) Construction- Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.”

    “(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.”

    You also need to pay attention to the next section.
    Section 1032(b) (1) specifically states that this subtitle does NOT apply to American citizens.
    “(b) Applicability to United States Citizens and Lawful Resident Aliens-
    (1) UNITED STATES CITIZENS- The requirement to detain a person in military custody under this section does not extend to citizens of the United States.
    (2) LAWFUL RESIDENT ALIENS- The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.”

    This is the first and last time I am coming to this site, because you fools don’t know how to track or read legislation for yourselves. Shame on you.

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