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Ron Paul on the Demolition of Due ProcessComments Off

It is ironic but perhaps sadly appropriate that Attorney General Eric Holder would choose a law school, Northwestern University, to deliver a speech earlier this month in which he demolished what was left of the rule of law in America.

In what history likely will record as a turning point, Attorney General Holder bluntly explained that this administration believes it has the authority to use lethal force against Americans if the President determines them to be a threat to the nation. He tells us that this is not a violation of the due process requirements of our Constitution because the President himself embodies “due process” as he unilaterally determines who is to be targeted. As Holder said, “a careful and thorough executive branch review of the facts in a case amounts to ‘due process.’” That means that the administration believes it is the President himself who is to be the judge, jury, and executioner.

As George Washington University Law Professor Jonathan Turley wrote of the Holder speech:

“All the Administration has said is that they closely and faithfully follow their own guidelines — even if their decisions are not subject to judicial review. The fact that they say those guidelines are based on notions of due process is meaningless. They are not a constitutional process of review.”

It is particularly bizarre to hear the logic of the administration claiming the right to target its citizens according to some secret selection process, when we justified our attacks against Iraq and Libya because their leaders supposedly were targeting their own citizens! We also now plan a covert war against Syria for the same reason.

I should make it perfectly clear that I believe any individual who is engaging in violence against this country or its citizens should be brought to justice. But as Attorney General Holder himself points out in the same speech, our civilian courts have a very good track record of trying and convicting individuals involved with terrorism against the United States. Our civilian court system, with the guarantee of real due process, judicial review, and a fair trial, is our strength, not a weakness. It is not an impediment to be sidestepped in the push for convictions or assassinations, but rather a process that guarantees that fundamental right to be considered innocent until proven guilty in a court of law.

I am encouraged, however that there appears to be the beginning of a backlash against the administration’s authoritarian claims. Just recently I did an interview with conservative radio talk show host Laura Ingraham who expressed grave concern over using these sorts of tactics against Americans using the supposed war on terror as justification. Sadly, many conservative leaders were silent when Republican President George W. Bush laid the groundwork for this administration’s lawlessness with the PATRIOT Act, warrantless wiretapping, indefinite detention without trial, and other violations. Similarly, as Professor Turley points out, “Democrats previously demanded the ‘torture memos’ of the Bush administration that revealed poor legal analysis by Judge Jay Bybee and Professor John Yoo to justify torture. Now, however, Democrats are largely silent in the face of a president claiming the right to unilaterally kill citizens.” The misuse of and disregard for our Constitution for partisan political gain is likely one reason the American public holds Congress in such low esteem. Now the stakes are much higher. Congress and the people should finally wake up!

Read more Ron Paul articles at his Congressional website.

Southern Avenger: The Terrorists Have WonComments Off

Giving the federal government the power to arrest American citizens without charge or due process represents a terrifying new low.

Rand Paul Aims to Kill “Indefinite Detention” in NDAAComments Off

*Taken from Campaign for Liberty – Tennessee.

Senator Rand Paul has submitted an Amendment to Senate Bill 1867 (known as the National Defense Authorization Act) which would strike the section of the bill that allows the US government to indefinitely detain individuals without trial or due process. The Amendment is #1062 and would eliminate Section 1031 which says:

Congress affirms that the authority of the President to use all necessary and appropriate force…includes the authority for the Armed Forces of the United States to detain covered persons…Detention under the law of war without trial

This Amendment was submitted by Senator Paul as soon as the bill came forward. There are other similar Amendments too, however none of them completely eliminate the offending section. You can view Senator Paul’s submission of the Amendment here:http://www.TNCampaignForLiberty.org/misc/ndaaAmendment_Sec1031.pdf

Feds Ignore Due Process, First Amendment, Shut Down Thousands of Blogs(1)

*Taken from InfoWars. Written by Kurt Nimmo.

Once again, the Obama administration has violated the Bill of Rights. Earlier this month, the feds took down a free WordPress blogging platform and disabled more than 73,000 blogs. The action was completely ignored by the corporate media. The site, Blogetery.com, was told by its hosting service that the government had issued orders to shut down the site due to a “a history of abuse” related to copyrighted material.

In late June, Joe Biden and Intellectual Property Enforcement Coordinator Victoria Espinel said the government would move to take down sites offering unauthorized movies and music. “Criminal copyright infringement occurs on a massive scale over the Internet, reportedly resulting in billions of dollars in losses to the U.S. economy,” said Preet Bharara, the U.S. Attorney for the Southern District of New York. Bharara’s office and the U.S. Immigration and Customs Enforcement launched “Operation In Our Sites” and executed seizure warrants against nine domain names.

Blogetery.com claimed the shut down of 73,000 blogs “was not a typical case, in which suspension and notification would be the norm. This was a critical matter brought to our attention by law enforcement officials. We had to immediately remove the server.”

“That seems odd,” notes Techdirt, a website that covers government policy, technology and legal issues. “If there was problematic content from some users, why not just take down that content or suspend those users. Taking down all 73,000 blogs seems… excessive.”

The DMCA’s takedown actions are a direct violation of the First Amendment under prior restraint. However, explains law professor Wendy Seltzer, because “DMCA takedowns are privately administered through ISPs… they have not received… constitutional scrutiny, despite their high risk of error.” Seltzer adds that “because DMCA takedown costs less to copyright claimants than a federal complaint and exposes claimants to few risks, it invites more frequent abuse or error than standard copyright law.”

TorrentFreak worries that the Blogetery.com case has set a precedent. “Fears remain… that this action is only the beginning, and that more sites will be targeted as the months roll on. Indeed, TorrentFreak has already received information that other sites, so far unnamed in the media, are being monitored by the authorities on copyright grounds,” writes a blogger on the site.

“They say it’s because of copyright infringement, but is it really?… it would seem that only sites/blogs which were streaming movies and TV shows were shut down initially, but upon further perusal, it seems like the Feds just arbitrarily shut down a server with several tens of thousands of bloggers on it without due process as is usual with this administration,” writes Smash Mouth Politics. “How soon before they find some reason to shut down other servers or networks? What’s probably infuriating to the bloggers who were shut down is that they have no recourse. They have no idea why the server was shut down. And the Feds are mum about it. Also, if the bloggers can even get a hold of the server admin, they’re refused any explanation of why.”

In October, 2004, more than 20 Independent Media Center websites and other internet services were taken offline, not in response to alleged copyright infringement but for political reasons. The disappearance of the Indymedia servers was shrouded in secrecy and the ISP and government would not provide an explanation. On October 20, 2004, the Electronic Frontier Foundation filed a lawsuit in Texas and argued that “the public and the press have a clear and compelling interest in discovering under what authority the government was able to unilaterally prevent Internet publishers from exercising their First Amendment rights.”

It was later discovered that the ISP had shut down IndyMedia’s websites after they were contacted by the FBI. The FBI said a particular article on the website nantes.indymedia.org contained personal information and threats regarding two Swiss undercover police officers. It was later determined that the article contained neither threats nor names or address information and contained instead photographs of police agents provocateurs masquerading as anti-globalization protesters.

The Obama administration — in step with he Bush administration before it — does not have a problem ordering the government to violate the First, Fifth, and Tenth Amendments. In its declared effort to prevent online piracy of copyrighted material, the government has trashed the Bill of Rights. It has used the FBI and the Department of Homeland Security to intimidate ISPs to shut down web sites.

In June, a Senate committee approved a dictatorial cybersecurity bill that would allow Obama to shut down the internet. The bill, known as the Protecting Cyberspace as a National Asset Act, would grant Obama the authority to carry out emergency actions to protect critical parts of the internet, including ordering owners of critical infrastructure to implement emergency response plans, during a government declared cyber-emergency. Obama would supposedly need congressional approval to extend a national cyber-emergency beyond 120 days under an amendment to the legislation approved by the committee.

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