Skip to comments.Constitutional experts: pro-life ‘terrorists’ could be permanently detained without trial under law
Posted on 01/04/2012 4:29:55 PM PST by wagglebee
WASHINGTON, D.C., January 3, 2012 (LifeSiteNews.com) Constitutional experts warn a new law that allows the president to permanently detain U.S. citizens without trial could be used against pro-life activists, who have already been defined as potential terrorists in documents by some government agencies, including the Department of Homeland Security.
This law can apply to pro-lifers, yes, said John W. Whitehead, a constitutional attorney and founder of The Rutherford Institute. Whitehead told LifeSiteNews.com the National Defense Authorization Act for Fiscal Year 2012 (NDAA) would allow the military to show up at your door if youre a potential terrorist, and put you in military detention where seeing a lawyer is difficult.
The NDAA, which President Barack Obama signed on December 31, allows the president to hold enemy combatants in military detention facilities without trial until the end of hostilities, if the person substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners. The law allows the president to determine which groups may be considered terrorists without judicial or congressional oversight, although Secretary of Defense is required to regularly brief Congress about covered persons.
Sen. Carl Levin, D-MI, said the Obama administration specifically asked senators for the power to permanently detain American citizens without trial and to remove the language which says that U.S. citizens and lawful residents would not be subject to this section.
Although Section 1022 states, The requirement to detain a person in military custody under this section does not extend to citizens of the United States, many contend the law allows detention as an option for Americans captured abroad. Glenn Greenwald of Salon summarized, For foreign nationals accused of being members of Al Qaeda, military detention is mandatory; for U.S. citizens, it is optional.
Dana Cody, president and executive director of Life Legal Defense Foundation, said pro-life activists already are classified as domestic terrorists on some FBI lists. She said that on one occasion the manager of a Kansas City, Kansas, abortion clinic slammed her client, Mary Ann Sause, to the ground and told the peaceful pro-life demonstrator he was photographing her license plate so he could report her to the FBI.
Cody, who told LifeSiteNews.com her organization is currently studying the NDAA, added that the law states enemy territory is anywhere. The Senate rejected an amendment from Dianne Feinstein limiting permanent detention to those captured abroad.
If its within the discretion of the government under the National Defense Authorization Act, of course it will be used by the government to intimidate and silence pro-life people, especially those who are in the public forum, Cody said.
In his signing statement, President Obama wrote, 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. [sic.]
The signing statement means nothing, Whitehead said. The signing statement is a political thing he hoped would settle the fears of the ACLU. If you give the president the power to come get you, hes going to do it if he needs to, or if the corporations funding him say you are a potential terrorist.
Whitehead said one of his clients, street preacher Michael Marcavage, has become the target of an FBI terrorist investigation. Whitehead wrote a letter to FBI director Robert Mueller asking why Marcavage is being investigated for preaching the Gospel. The FBI has not responded.
Under this administration, the Department of Homeland Security has listed pro-life organizations as potential domestic terrorists and held joint training sessions with the FBI to monitor pro-life websites.
An April 2009 DHS report entitled Rightwing [sic.] Extremism: Current Economic and Political Climate Fueling Resurgence in Radicalization and Recruitment, identified as likely terrorists groups and individuals that are dedicated to a single issue, such as opposition to abortion or immigration, or who would be antagonistic toward the new presidential administration and its perceived stance on a range of issues. Such groups, the report concluded, are the most dangerous domestic terrorism threat in the United States. The DHS later pulled the report.
However, last August DHS and FBI agents attended a terrorism training seminar hosted by Planned Parenthood, the National Abortion Federation, and the Feminist Majority Foundation that equated free speech and distributing literature with violence. An 84-page resource guide listed three pages of potential extremist websites including Priests for Life, National Right to Life, the American Life League, Concerned Women for America, Human Life International, the American Center for Law and Justice, and the Christian Broadcasting Network.
In 1994-6, the Clinton administrations Justice Department subpoenaed longtime pro-life activists in hopes of uncovering a terrorist conspiracy to kill abortionists. The Violence Against Abortion Providers Conspiracy (VAAPCON) program compiled a vast database of information on anti-abortion groups and individuals, including the National Right to Life Committee, the late John Cardinal OConnor of New York, the late Rev. Jerry Falwell, Concerned Women for America, the Christian Coalition, Feminists for Life, and the U.S. Council of Catholic Bishops, which condemned the secret database.
Whitehead warns the NDAA is a threat to anybody causing trouble that means exercising your rights.
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President Obama wrote, I want to clarify that my Administration will not authorize the indefinite military detention without trial of American citizens.
The “finite” detention on the other hand will be
authorized in a heart beat.
The Constitution and Bill of Rights does not allow a citizen to be held without a speedy right to trial. This law will collapse with the first trial of any kind. It means nothing!
Here is a list of the members of the US Senate who voted for NDAA and in favor of giving President Obama the power to detain Pro Life activists in prison without trial.
Sen. Daniel Akaka [D, HI]
Sen. Lamar Alexander [R, TN]
Sen. Kelly Ayotte [R, NH]
Sen. John Barrasso [R, WY]
Sen. Max Baucus [D, MT]
Sen. Mark Begich [D, AK]
Sen. Michael Bennet [D, CO]
Sen. Jeff Bingaman [D, NM]
Sen. Richard Blumenthal [D, CT]
Sen. Roy Blunt [R, MO]
Sen. John Boozman [R, AR]
Sen. Barbara Boxer [D, CA]
Sen. Scott Brown [R, MA]
Sen. Sherrod Brown [D, OH]
Sen. Richard Burr [R, NC]
Sen. Maria Cantwell [D, WA]
Sen. Thomas Carper [D, DE]
Sen. Robert Casey [D, PA]
Sen. Saxby Chambliss [R, GA]
Sen. Daniel Coats [R, IN]
Sen. Thad Cochran [R, MS]
Sen. Susan Collins [R, ME]
Sen. Kent Conrad [D, ND]
Sen. Chris Coons [D, DE]
Sen. Bob Corker [R, TN]
Sen. John Cornyn [R, TX]
Sen. Michael Enzi [R, WY]
Sen. Dianne Feinstein [D, CA]
Sen. Kirsten Gillibrand [D, NY]
Sen. Lindsey Graham [R, SC]
Sen. Charles Grassley [R, IA]
Sen. Kay Hagan [D, NC]
Sen. Orrin Hatch [R, UT]
Sen. Dean Heller [R, NV]
Sen. John Hoeven [R, ND]
Sen. Kay Hutchison [R, TX]
Sen. James Inhofe [R, OK]
Sen. Daniel Inouye [D, HI]
Sen. John Isakson [R, GA]
Sen. Mike Johanns [R, NE]
Sen. Ron Johnson [R, WI]
Sen. Tim Johnson [D, SD]
Sen. John Kerry [D, MA]
Sen. Mark Kirk [R, IL]
Sen. Amy Klobuchar [D, MN]
Sen. Herbert Kohl [D, WI]
Sen. Jon Kyl [R, AZ]
Sen. Mary Landrieu [D, LA]
Sen. Frank Lautenberg [D, NJ]
Sen. Patrick Leahy [D, VT]
Sen. Carl Levin [D, MI]
Sen. Joseph Lieberman [I, CT]
Sen. Richard Lugar [R, IN]
Sen. Joe Manchin [D, WV]
Sen. John McCain [R, AZ]
Sen. Claire McCaskill [D, MO]
Sen. Mitch McConnell [R, KY]
Sen. Robert Menéndez [D, NJ]
Sen. Barbara Mikulski [D, MD]
Sen. Jerry Moran [R, KS]
Sen. Lisa Murkowski [R, AK]
Sen. Patty Murray [D, WA]
Sen. Ben Nelson [D, NE]
Sen. Bill Nelson [D, FL]
Sen. Robert Portman [R, OH]
Sen. Mark Pryor [D, AR]
Sen. John Reed [D, RI]
Sen. Harry Reid [D, NV]
Sen. Pat Roberts [R, KS]
Sen. John Rockefeller [D, WV]
Sen. Marco Rubio [R, FL]
Sen. Charles Schumer [D, NY]
Sen. Jefferson Sessions [R, AL]
Sen. Jeanne Shaheen [D, NH]
Sen. Richard Shelby [R, AL]
Sen. Olympia Snowe [R, ME]
Sen. Debbie Ann Stabenow [D, MI]
Sen. Jon Tester [D, MT]
Sen. John Thune [R, SD]
Sen. Patrick Toomey [R, PA]
Sen. Tom Udall [D, NM]
Sen. Mark Udall [D, CO]
Sen. David Vitter [R, LA]
Sen. Mark Warner [D, VA]
Sen. Jim Webb [D, VA]
Sen. Sheldon Whitehouse [D, RI]
Sen. Roger Wicker [R, MS]
Haven’t any of these congressional freaks ever read the Constitution?????? I guess they can’t read...they don’t read most of the bills they pass. Tools to Tyranny!
“Constitutional experts warn a new law that allows the president to permanently detain U.S. citizens without trial could be used against pro-life activists, who have already been defined as potential terrorists in documents by some government agencies, including the Department of Homeland Security.”
It’s not a stretch for Obama or some other President name the Tea Party as “potential terrorists”.
What's the problem here?
Everybody involved with this forum could be considered a threat under this new legislation!
Even my least favorite terrorist sympathizer, one who has been palling around with terrorists since he was a child receiving affection from one, deserves a trial and a specific prison sentence. This law is shockingly, disgustingly wrong.
I believe this would qualify as a suspension of Habeaus Corpus.
This was what I was worried about when I first read the Patriot Act. The amount of things that defined a ‘terrorist’ sure didn’t sound like it was aimed at foreign enemies.
It looked like it was made to eventually round up christian conservatives. The fact that it was supported by the people who would eventually be imprisoned by it just stunned me.
Look at who homeland security says are terrorists, people who are pro constitution and returning war vets. Look who the TSA molests.
They are getting us to build our own cages - using our own patriotism to destroy us.
wagglebee, this article is not true. These “constitutional scholars” are just yanking your chain.
The article itself quotes the language of the bill that specifically excludes US citizens, and that it applies only to Al-Qaeda.
It in fact doesn’t give any power to the Presidents that they don’t already have, and Senators like Rubio and DeMint would not have voted for it if it in anyway would lead to detention without trial of American dissidents.
This is simply crying wolf.
There are too many real threats from Obama to waste time on something like this, but day after day, it keeps surfacing on FR.
You are exactly right. There are, no doubt, disingenuous lawyers who would argue otherwise for the right price, but they should be ashamed of themselves. This is a clear and unforgivable violation of the Constitution and should not be tolerated, whether the citizen whose rights are being trampled is an Islamic terrorist, a peaceful pro-life protester, or a Manchurian Candidate leading "Occupy the White House". This is the United States, not North Korea, and we should act like Americans.
The speech Lindsey Graham and John McCain made will make you puke. I’m sure it’s on youtube. Lets go arrest them.
If you read the report’s description of terrorists, the occupy folks and latest governor walker protestors would be called terrorists.
Are there any pro-life Christians who meet the criteria?