Can The Constitution Survive Obama’s Reelection?
THE NATIONAL DEFENSE AUTHORIZATION ACT FURTHER SOURS THE SWEET LAND OF LIBERTY
by Nat Hentoff
When the Tea Partiers broke into the national consciousness, with copies of the Constitution in their pockets as they rallied, I was too quickly impressed. I titled one of my syndicated columns “The New American Revolution.” But in the months since President Barack Obama signed a law passed by a bipartisan Congress that smashes key parts of the Bill of Rights, the Tea Partiers have not risen to defend those most basic personal liberties. Nor have Republicans, except for a few, been publicly criticizing the National Defense Authorization Act (NDAA). The Democrats, of course, are nearly unanimous in support of their hollow leader.
On that fateful day—December 31, 2011— ACLU Executive Director Anthony Romero declared that Obama “will forever be known as the President who signed indefinite detention, without charge or trial, into law. The statute is particularly dangerous because it has no temporal or geographic limitations, and can be used by this and future Presidents to militarily detain people captured far from any battlefield.” This includes American citizens caged (a more accurate term than detained ) right here in this country.
In his signing statement, Obama tried to pretend that by interpreting the law in his own regal way, American citizens won’t be subject to detention by the military. He’s the boss!
But, Mr. President, even you cannot “interpret” what is plainly in the NDAA. Enter former federal judges Abner Mikva, William Sessions and John Gibbons, who are cited in an Antiwar.com article by Carl Mirra.They warn that the law “codifies methods such as indefinite detention without charge and mandatory military detention and make[s] them applicable to virtually anyone…including U.S. citizens.”
And dig this from the same story: Senator Lindsey Graham (R-South Carolina) “is one of the few supporters of the NDAA to plainly admit that ‘the statement of authority to detain does apply to American citizens, and it designates the world as the battlefield, including the homeland.’” Whose homeland?
That American citizens can and will be subject to military imprisonment subverts the Fifth Amendment’s guarantee that “no person shall be compelled in any criminal case to be… deprived of life, liberty or property, without due process of law.” Yet Senator Carl Levin (D-Michigan) maintains that a law existing before Obama signed the NDAA has been held by the U.S. Supreme Court as having no bar “to indefinite detention of American citizens.” But the High Court also gave habeas corpus rights to such prisoners. And it has yet to rule on a law that radically nullified the Fifth Amendment’s very core of the American system of justice.
There’s more to this astonishing transmogrification of what all Presidents embrace as “our values.” Remember the controversy surrounding previous administrations’ renditions? The CIA would kidnap suspected terrorists, then send them to foreign nations known for torturing their captives during “enhanced interrogations.”
As pointed out by Harvey Wasserman and Bob Fitrakis in the article “2012’s Civil Liberties Apocalypse Has Already Happened,” the NDAA “allows trial by military tribunal, or ‘transfer to the custody or control of the person’s country of origin’ or transfer to ‘any other foreign country or any other foreign entity.’” Any other country? Huh? Somalia? North Korea? Afghanistan?
To what extent will Obama’s signature on this utter contempt for the Bill of Rights affect the President’s reelection campaign? This could depend on how many American voters are familiar with the Bill of Rights. And even if they are, how many have paid attention to the National Defense Authorization Act? Jonathan Turley—one of this country’s most knowledgeable civil liberties lawyers and law professors— notes: “The almost complete failure of the mainstream media to cover this issue is shocking. Many reporters have bought into the spin of the Obama Administration as they did the spin over torture by the Bush Administration.”
Affirming my belief that the Constitution has virtually become wastepaper, Wasserman and Fitrakis have come to this doomsday conclusion: “What most of the nation doesn’t realize is that the end of our basic civil liberties, in place since the December 1791 ratification of the Bill of Rights, has already taken place.”
If Obama manages to occupy the White House for another four years, America will continue turning into a country the Founding Fathers would deplore. Not that I have faith in a Republican coming to the rescue.
————————–
Nat Hentoff is a historian of the Constitution, a jazz critic and a columnist for the Village Voice and Free Inquiry. His incisive books include The First Freedom: The Tumultuous History of Free Speech in America; Living the Bill of Rights ; and the forthcoming Is This Still America?
July 20th, 2012 at 8:54 am
Dear Mr. Flynt,
I would like to thank you for everything that you have done in your life. My husband and I really really thank you. We are swingers and you helped make the lifestyle possible. My favorite store is Hustler. I love going all the time to buy new sex toys and new outfits.
I think you are a very interesting person, and if your ever around Nashville, Tn send me an email.
Terra Scott
July 30th, 2012 at 1:47 pm
Dear Mr. Flynt,
I appreciate the sacrifice you have made for the freedom of speech.
I need your help.
I On Feb 19th 2012, I was arrested for felony elude, DUI speeding etc.
After I was taken into custudy I was taken to Southwest Healthcare Center In Platteville WI for a bloodtest.
Three officers asked if I consented to a bloodtest.
I answered “yes I want a lawyer present”
Two of the arresting officers recorded my response as a refusal
The Seargent lied in his report, and falsley stated I gave consent.
The only thing I said was “Yes I want a lawyer present ”
Here’s the beauty of it. The hospital has security cameras and I remember looking into the camera and saying “MY name is Aaron Paul Byrne and these law enforcement officers are violating my constitutional rights.”
This recording was not provided after the motion of descovery was submitted to D.A.
I was taken into custody and not allowed to make a phone call for 31 hours.
At my initial appearance,( recorded Grant County Jail) I informed the judge how my constitutional rights were violated. His response was basically tough shit.
The DA is guilty of suppressing evidence, and has been violating my constitutional rights for 22 yrs. I have proof of this and want his ass busted for prosecutorial misconduct.
Heres the problem, I can proceed and publicly humiliate this man and the three police officers, but this does nothing to prevent human rights abuses in the future.
Im a white boy from a town of 2000 people, Grant county WI is 99% caucasion. If Due process does not apply to me, how can it apply to niggers, spics, chinks, japs, zipperheads, or anyone?
These men are guilty of violating my human rights and I am entitled to 22 years of compensation for my problems. I will win my case.
The justice system is corrupt.
Help me fix it. I have been shot at, discriminated against, had my pension stolen by the roofers union, dislocated, hunted, raped, violated (fill in the blanks).
Im tired of it.
I have documented the illegal actions of state of wisconsin, and iowa pertaining to the violations of my human rights.
I called the department of justice(F.B.I.) and apparently they dont care about the constitution either.
In a country founded upon liberty it is a sorrowful day when an american has no redress of grievances.
My court date is 8/15/2012 Grant county courthouse Lancaster wi
Sincerely
Aaron P. Byrne
August 9th, 2012 at 1:31 am
Aaron,
The justice system is almost irreparable. Perhaps the word ‘almost’ is a profound understatement in that first sentence. I find it hard to go into detail to the extent in which my civil liberties were violated by three police officers while I was having an epileptic seizure. I am a ninety pound girl, yet it took two officers beating me for five or more minutes and several cans of pepper spray emptied to get me to the small jail in Montgomery County, Kentucky. I was tortured by a police officer and his rookie while another officer stood back and plead with them to call an ambulance, yet did nothing. The officer that attacked me most brutally put me in HIS cruiser, stopped the cruiser on the way to the jail, left his car on and opened my door while I was cuffed, hands behind my back, maced my eyes and even my private parts in thin pajama pants with no underwear. I was initially charged with four felony assault against police officer charges, but those were ‘dropped’ after a year of fighting.
August 9th, 2012 at 2:10 am
The rest of my comment failed to post due to my own error.
Larry,
You are a personal hero, if not a savior. I have read your books and recently just got a personalized autographed book at a book signing event at a Hustler Store. (I was in line in FRONT of the bimbo in the corset who had to get her tit autographed before she cut in line and got directly in front of my boyfriend and I only to dampen the crowd’s overall mood). The bimbo in the corset went to Tattoo Charlie’s in Lexington immediately to get your autograph tattooed. After her ‘act’, I was afraid to approach you verbally in any sense. How do I follow that?
Have you ever thought about running for president? You know Arnold Schwarzenegger won governor and he was just a puppet. Oh yeah, I almost forgot that you HAVE to be a puppet to become a member of politics officially here in the United States. It’s horribly upsetting that the cable networks control who will be running and who will be elected. It is also odd to me how the zoned-out monkey-brains find their ways to the right voting locations on Election Day. I am personally just sickened with both the democrats and the republicans. There needs to be a change. I am so scared that every single right we have (still have, if we even still have them? Do we?) are going to be taken away, one by one, day by day.
Do you have an opinion about Ron Paul? I love the fact that he is a defender of The Constitution. I do disagree with some of his own personal opinions, but favor him more than any other candidate in respect to defending the most important piece of paper in this country. I do think that no one can fully agree with a candidate or a person. I just cannot bring myself to trust either of the candidates at this time, I have never and will never trust Obama, especially Romney. Voting Obama would be voting… The less of two evils??? It is a true shame.
I would also like to add that during my time going to court dates, awaiting a plea deal or trial date, that I watched The People VS Larry Flynt at least three times a week and I never went to the courtroom without wearing my Constitution shirt. There were times I wanted to completely let myself lose control. However, my first lawyer, a public defender, could not remember my name, my case, nor did he believe what I said regardless of my medical records and statements from several doctors. I hired an attorney for $4,000. He was unable to do his job properly. He did get all the felony charges dropped, but I was forced to pretty much plead guilty to crimes I did not commit (assault in the fourth degree against a person-not a police officer-the original charge), disturbing the peace, and resisting arrest. I had much evidence. Pictures, testimony from witnesses including the jailer and the guards who cleaned me, a police officer who stood there and watched me get beat without stepping in admitted that the brutal officer lied on his police report to keep himself out of trouble and to get a way around illegally getting into my house and searching it for no reason, finding nothing, pictures of the brutality, witnesses who were watching, and so on… My judge wanted me to plead “Not Guilty” because she said I would have beat the system. I wanted to fight so badly but I did not have the money to go to trial with the attorney I had and would have been given another public defender who would have forgotten my name, my trial, etc. The system is so messy and turns innocent civilians who can’t afford a proper lawyer into criminals. It is all about the money, the court costs, paying the lawyers until you are bankrupt all in the name of being set free and having that squeaky clean record. I had and have not ever so much as gotten fined for a parking ticket or a speeding ticket in all of my life… Now I’m a criminal. When it is all over, people like me have a ‘record’ and we cannot get a job because of petty misdemeanors that we should never have gotten in the first place. We are referred to as peasants by the military. Peasants….
August 17th, 2012 at 1:40 pm
I wanted Obama too. But is it fair that Michael Lebowitz paid for health ins. and Mr. Nelson has cancer stage 3 and Obama wont release his family’s money from Jamie Dimon. Is it fair that Monica needs this pressure. She has had over 35 felonies done to her, and she is still fight for it. She was left this in U.S. we have laws, besides she and her husband are collateral damaged. Even the mayor Bloomberg lied.she owns the land and the building that Bloomberg news sits on and over 60% of the company obama knows and the list goes on and on. and he stops the Governor of N.Y. and the D.A. to protect the crooks. land has been taken, including ground zero. people selling hotels, selling land that the estate owns, and the big shots keep on steeling, even comcast Brian Robert knows the land and the NBC,and universal studios is Monica’s no body needs all that the CEOs. do this to her all she wanted to do is put new people in, people she can trust. Yes the president know’s about this and he protects the wrong people. There is no right or wrong anymore in this country. Do you think Jeff Ilmelt.from G.E.the C.E.O. of the company should be selling off Monica’s property,, Lebowitzs estate to Comcast, and she owns all of Universal Studios in Calif. and Florida even the Tish Family owes money to the estate. But having the President of the U.S.knows and protects G.E.and Comcast…Why? The F.B.I. also knows about this and nobody does anything because of President Obama. The New Yorkers D.A. and the Gov. Try to do the right thing but always get stopped by Obama for his gains.not right things. This is why this country is in a mess. Yes the President is better then Rommny . Where is the laws that keep everybody safe? She has a will the first 5 pages are missing and the courts wont give her that 8 years fighting and and Michael was poisoned and this just goes on the will is the will that’s why we have laws, but not for the regular people. Also G.E. owes the estate money for 30 rock and Jeff wont pay it ,, thank you Mr. President for all your help, its good to have a honest President. Mr. President isn’t it time you where honest 4 years you been President even used our there house in star island Miami without there permission shame on you sir shame on you. And letting Silverstien build on , The Nelson land when do you take a stand and say too your cronies enough is enough. To think you rather destroy the country then fix it. you have hurt company’s you also knew what everybody has done and you tell people after the new election you’ll give it up again shame on you. And to ask for 300 m. to get it. What a president you turned out to be. Your not doing the right thing. Your like Mitch Maconnley you don’t want the country to secede. Its amazing how even the F.B.I. has done nothing to help Mr.Muller. Cyrus Vance is taking orders from Governor Andrew Coumo, 35 Felonies and he turns his back for over 2 years.Andrew knows even ground Zero he,s cover- up. This President is not what everybody think he is.wont give up the paper work until he gets a donation, what type of country is this. Check with Coumo how Mr. Lebowitz died and who put him in potters field.
August 22nd, 2012 at 7:06 pm
I Aaron Paul Byrne attest that on Feb 19 2012 That Officer VanKirk, Baker and Vesperman violated my constitutional rights
by refusing my right to council per pre interrogation warningSP4005 8/2004
“you have the right to talk to a lawyer before questioning and to have the lawyer with you during questioning”
they affirm this in thier statemenmts. Vankirk is lying in his incident narrative report by saying i refused
video footage obtained by da pozorski will show this to be a violation of my right to due process,
Iwas arrested at 12:26 am 2/19/2012 and was not allowed a phone call until approxamateley 3:36 pm 2/20/2012 after my initial appearance in front of judge day via cctv. At the initial appearance I asserted to judge day my rights had been violated (denying me councel) his response was apathetic.
The evidence produced by D.A. Pozorski was not usable in my defence.
no sound, no video on southwesthealth center surveilence tapes.
(letter from duccinni law offices)Perjured documents
On aug 15 I talked to Kevin, an employee of SWHC about the sound and he stated we would’nt have sent only a audio recording to the da, they must have done it up there
per hospital policy survellance recording s are destroyed after 30 days It is my intent to subpoena time signatures from the recording and call in expert testimony as to the footage that was downloaded and sent to the grant county da
Pozorski offered 30 days with huber priveledge. I did not accept at that time because I was unsure of Dubuque IA and whether they were going to file charges against me concerning the events of feb 19 2012
may 24 2012 Contacted by paula armentrtaut doc she was asking questions about Iowa case
Question as to her territorial juristriction and interfering with due process of law. Harrassment
may 25 2012 receive paperwork from dubuque ia da
incident reports from deputies van kirk and baker not presented to me until May 25 2012 I received them at the dubuque co courthouse
aug 10, 2012 receive notice from brigett barnes that the state of Iowa is seeking to to charge me with habitual offender
using a conviviction from case xxxxxxxx and xxxxxxx.
I hereby assert that when Anthony Pozorski forwarded judgement of conviction from case xxxxxxxxx across the missippi river he was knowingly, willingly and with malice, violating my constitutional rights according to federal Law Enforcement Misconduct Statute
42 U.S.C. § 14141
s and herebye establishing
a clear and consistant pattern of prosecutorial misconduct that began
in the year of our lord 1990.
2.4
Right Against Self-Incrimination
This section briefly reviews a juvenile’s right against self-incrimination. For a more in-depth
review, see infra §§ 11.2, 11.3 (discussing suppression motions).
A. Constitutional Right
The constitutional right against self-incrimination guaranteed by the Fifth Amendment has
been held applicable to juvenile proceedings by the U.S. Supreme Court. In re Gault, 387
U.S. 1, 55 (1967). A juvenile cannot be compelled to give information that could later be used
against the juvenile in an adjudicatory hearing and cannot be compelled to testify. Id.
COMMONWEALTH vs. A JUVENILE.
389 Mass. 128
December 7, 1982 – May 10, 1983
Suffolk County
Present: HENNESSEY, C.J., ABRAMS, NOLAN, LYNCH, & O’CONNOR, JJ.
Statement respecting the standards to be applied in future cases in determining whether a juvenile has effectively waived his Miranda rights. [130-135]
Although the record of a hearing on a motion to suppress an inculpatory statement made by a thirteen year old juvenile showed that the juvenile’s father was present during the interrogation of the juvenile by a police detective and that the detective read Miranda warnings to the father and the juvenile, the Commonwealth failed to sustain its burden of establishing a knowing and intelligent waiver by the juvenile of his right to remain silent where there was no showing that the father either understood these warnings or explained them to his son. [135-136]
Law Enforcement Misconduct Statute 42 U.S.C. § 14141
§ 14141. Cause of action
(a) Unlawful conduct
It shall be unlawful for any governmental authority, or any agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers or by officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.
(b) Civil action by Attorney General
Whenever the Attorney General has reasonable cause to believe that a violation of paragraph (1) has occurred, the Attorney General, for or in the name of the United States, may in a civil action obtain appropriate equitable and declaratory relief to eliminate the pattern or practice.
Search 18 U.S.C. § 241 : US Code – Section 241: Conspiracy against rights
If two or more persons conspire to injure, oppress, threaten, or
intimidate any person in any State, Territory, Commonwealth,
Possession, or District in the free exercise or enjoyment of any
right or privilege secured to him by the Constitution or laws of
the United States, or because of his having so exercised the same;
or
If two or more persons go in disguise on the highway, or on the
premises of another, with intent to prevent or hinder his free
exercise or enjoyment of any right or privilege so secured -
They shall be fined under this title or imprisoned not more than
ten years, or both; and if death results from the acts committed in
violation of this section or if such acts include kidnapping or an
attempt to kidnap, aggravated sexual abuse or an attempt to commit
aggravated sexual abuse, or an attempt to kill, they shall be fined
under this title or imprisoned for any term of years or for life,
or both, or may be sentenced to death.
aug 15 2012 told Judge day couldnt accept plea bargain because my constitutional rights were violated. i asked him to postpone litigation until legal issues in Iowa were resolved. He responded
“not gonna happen”
I told him the the outcome of this case directly affects the outcome
of my legal issues in iowa. His response was “I Dont Care”
I have repeated to judge day about the violation of my constitutional
rights on three seperate occasions.
18 USC 4 – Misprision of felony
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both
His response was to set jury trial date on 9/14/2012 in grant county wi. knowing that he was violating my 5th amendment right against self incrimination.
The order for jury trial by judge day on sept 14 is malicious in its intent and felonius in nature and flagrant in its miscariage of justice.
This harmful abuse of the constituion by Judge Day ensures that I am prosecuted without due process of law, in the state of Iowa and State of wisconsin.
This action if unchecked legally allows a circuit court judge to strip away constitutionally guaranteed rights and would set a precedent that would allow permanent denial of the bill of rights to all citezens.
I will not allow this accepted and tolerated abuse of rights to continue. Too many people shed too much blood for the love of freedom for me to accept a “sweet” deal of 30 days.
The constitution in its construction, and application will never allow wicked men to corrupt
the integrety or truth of a perfect document.
The assertion that law enforcement should have more power is absurd.
The limited power they have now is consistently abused, perverted, and legislated, not for the people they represent but for evil men who are willing to sacrifice human liberty for thier own selfish gains.
When constitutional violations are perpetrated by those entrusted with power, and they in turn legislate laws which prohibit any and all redress of grievances (excepting wealthy and priveledged sub classes) IS THAT NOT AN INTENTIONAL PREMEDITATED VIOLATION OF THIER SWORN OATH OF OFFICE?
When a dollar has more value than a man, and no one in a position of authority is willing to persue corrective remedies to defend the right to due process , it saddens me to realize that our constitution is already lost.
From the time they illegally took my blood all court officials have repeatedly deny my right to due process.
I have at this time compiled a record of violations against me and have supporting documentation to prove in a court of law.
1) it is accepted practice in any court to violate my rights
2)it is expected that my constitutional rights do not exist and I have no rights
3)the dissolution of due process has been litigated to promote the practice of unfair law.
4) which is in direct violation of court officials sworn oath to preserve the constitution.
Please help,
I m not going to waste your time, I’ m fighting for my freedom.
Thank you for your time concerning this matter
Sincerely,
Aaron P Byrne
August 28th, 2012 at 3:59 pm
iowa commomn link bridget barnes da the duke sellin for the feds
wi anthony popsorski da john rindy scott smith workin for the feds ddea are killing people follow this link
September 9th, 2012 at 2:12 am
The american people have a right to Obamas Application documents into Occidental,and Harvard,Coumbia,,
How does a self admetted stoner in a daze in hight school get into these Colleges without an excellent grade average in High school?,Much less no one at Columbia remembers ever seeing or meeting him??? You CIA Hack..In a class of 400 for 4 years?? I’d know of everybody there,Unless the whole class was full of retards like you,Why dont you get your crippled nose out of Barrys gay ass and ask for his transcripts and entry forms??Is it because you dont want to publish the fact that he got into Occidental on a foriegn application??As an Indonesian??? You lying communist really should just fuck off and die,like the Soviet Union did..Killed by your nemisies Pres.Ronald Reagan..!! Bithches…
September 25th, 2012 at 4:50 pm
I found some spooky shit doing research at my old address CR 4056 bever ave IP and
if someone could do some research an this it would be very helpful,
<Project xmis="HTTP:Schemas.,microsoft.com/developer/msbuild/2003AssemblyNam= system.workflow.componentmodel=3000
UI FOUNDATION.
September 27th, 2012 at 1:16 pm
Can someone explain to me why I get limked to U>N> oil for food programs when I type in my Iowa case number?
October 14th, 2012 at 10:21 pm
I’m sure Obama will survived. He has proven himself and that’s the most important thing. Everyone says that we need to fix everything but in order to do this we must have a coordination with our political leaders.
October 15th, 2012 at 12:09 pm
finally got usable audio,when I reviewed it, I found that I requested a lawyer 54 times. and denied every time.
when did traffic law establish precendence over constitutional law?