Posts Tagged ‘ National Defense Authorization Act ’

The National Defense Authorization Act: Our Disappearing Rights and Liberties

By Alton Lu for The Huffington Post

Back in the beginning stages of the War on Terrorism, President Bush enacted the Patriot Act. This allowed the government to spy on citizens, monitoring their activities in order to discern whether or not someone is a terrorist. It brought about changes in law enforcement that allowed agencies to search phones, financial records, etc.

One of the most controversial aspects of the law is authorization of indefinite detention of non-U.S. citizens. Immigrants suspected of being terrorists would be detained without trial until the War on Terrorism finished.

On December 31, 2011, President Obama signed a law known as the National Defense Authorization Act for the 2012 fiscal year, or the H.R. 1540. Congress passes this act every year to monitor the budget for the Department of Defense. However, this year the NDAA bill has passed with new provisions that should have the entire country up with pitchforks.

Normally, this is just an act which details the monetary calls of the Department of Defense which is passed every year. However, the act passed for the 2012 fiscal year changes the bill and can be seen as an extension of the Patriot Act. Now, the indefinite detention has been extended to U.S. citizens as well. If people are spied on and suspected of being terrorists, they may be detained indefinitely without trial.

In a country famous for the belief that one is innocent until proven guilty, this is an upsetting change that is being foisted upon the American people with many unaware of what it means.

The provisions of the Patriot Act allow the government to spy upon U.S. citizens and the NDAA allows the government to whisk a citizen away for no reason other than being suspected of terrorism.

So why has this law been passed when it is very easily seen as unconstitutional? The Fourth Amendment grants liberty from unreasonable seizures, while the Sixth guarantees every U.S. citizen a trial in front of a jury. No matter what supporters of the bill might have said about the provisions being misunderstood, the simple fact is that it is unconstitutional.

Senator Lindsey Graham of South Carolina has made arguments for this provision, stating that the law would apply for US citizens’ turncoats who have aided Al-Qaeda or other associated organization. He gave a long-winded story of how a U.S. citizen might fly to Pakistan to receive terrorist training, then return home and shoot down fellow citizens a few miles from the airport.

It’s a disgusting show that Graham is pulling. He has made an example of how a single U.S. citizen might become a turncoat and because of that possible risk, the citizen’s right to a trial and jury has been abolished.

Supporter of the NDAA, Representative Tim Griffin stated in the Daily Caller:

Section 1022’s use of the word ‘requirement’ also has been misinterpreted as allowing U.S. citizens to be detained, but this provision does not in any way create this authority. This provision must be read in the context of Section 1022’s purpose, which is reflected in its title and relates solely to ‘military custody of foreign al Qaida terrorists.’ The term “requirement” does not mean that detention of U.S. citizens is optional under this provision.

He merely states that the people have ‘misinterpreted’ the provisions within the bill.

This is a situation in which they are able to detain U.S. citizens, but they won’t because that’s wrong. I will repeat: “They are allowed through the NDAA to detain U.S. citizens, but they won’t because that’s wrong.”

Similar to Griffin’s response, President Obama has released a statement regarding the H.R. 1540
(NDAA):

Moreover, 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. My Administration will interpret section 1021 in a manner that ensures that any detention it authorizes complies with the Constitution, the laws of war, and all other applicable law.

President Obama says that his administration will not authorize the indefinite detention of American citizens. Yet Obama also said that he would close Guantanamo Bay. Obama also said he would recall the troops from Iraq within 16 months of taking office. Obama also said he would end the Bush tax cuts.

It doesn’t matter the reason these promises were not kept. What matters is that they weren’t. Obama says his administration will not authorize the indefinite detention of citizens. But that could change. The interpretation of this bill can change on a dime. These politicians who say there is nothing to fear could quickly change whenever they see fit.

These implications grow larger as we know there is no single accepted definition of terrorism present in the United States. The State Department defines terrorism as “premeditated, politically motivated violence perpetrated against noncombatant targets by subnational groups or clandestine agents, usually intended to influence an audience.”

Under this definition, the entire United States can be seen as terrorists. The government had planned the operations in Iraq and has resulted in over 100,000 civilian deaths. It can also be said that the U.S. is changing views of terrorism throughout the world… influencing an audience. Terrorism cannot be specifically defined as attacks against the United States; therefore, the United States might have been terrorizing parts of the Middle East.

Senator Rand Paul of Kentucky has stated that there are laws regarding terrorist suspects in America in place by the Department of Justice. Issues such as having an armed weapon or having a food supply lasting at least seven days can be grounds for terrorism.

I look to my well-supplied pantry filled with foods my loving mother had purchased from Costco. I’m not one to count it all, but I’d say it would last my entire family over a week.

My father legally owns a handgun. There’s something about protecting his family that is important to him, so he keeps a gun nearby.

I am writing a story that is against what the politicians in Washington have voted for. Can I be seen as aiding Al-Qaeda because I am attempting to change the views of the public to something that is against government; because there is a gun in my home and we have a well-supplied pantry?

Can I be seen as a terrorist under the definition of terrorism? Yes I can. Will I? I hope not.

Alton Lu is an 18 year old high school senior. Alton Lu: I see the name as the most uncommon thing about myself. I’m just a typical teenager in a stereotypical high school residing an in un-extraordinary town. I enjoy pretending that I’m a modern-day philosopher and political activist while still living out the generic high school experience. I am now embarking on the longest, most extensive campaign to the presidency. If you agree with my views, look forward to voting for me in about thirty years. If you disagree…I hope you’ll still vote for me.

All American Muslims Better Get Ready for a New Reality

By Nida Khan for The Huffington Post

While many Muslims (and people outside the faith for that matter) were heavily embedded in a debate over the controversy surrounding hardware store Lowe’s and its recent decision to remove ads from TLC’s reality show All American Muslim, a more detrimental attack against their future was all but finalized. Reversing an earlier decision to veto provisions of the National Defense Authorization Act (NDAA) for 2012, President Obama made the disturbing announcement that he would sign this legislation into law and thereby solidify the ability of the military and other factions to indefinitely detain anyone they deem an enemy of the state. And on New Year’s Eve, the President unfortunately made good on this promise with the stroke of his pen. At a time when the United States is grossly engaged in both active combat and covert drone campaigns in a multitude of Muslim nations, and when loosely defined terms like ‘terrorist’ can be arbitrarily thrown about, Muslims specifically — and all of society generally — shouldn’t take this disturbing development lightly.

In post-9/11 America, many have sadly grown accustomed and tolerant to routine practices of racial profiling, bias and even attacks against Muslims and those perceived to be Muslim. But in addition to blatant violence, workplace discrimination and subliminal acts of racism, Muslims have also become aware of another nuance that other Americans may not even realize exists — hesitation to give to charity. Because of fear that any charitable Muslim organization or mosque could suddenly be called out for links to a lone extremist faction (whether it’s justified or not), many pulled their money and cut back on donations to the extent that long-established charities found it virtually impossible to survive. Usually without any valid reason, many stopped supporting Muslim aide groups for the simple notion that anyone, anywhere could at any moment single out that organization and in turn put all those who gave money out of goodwill at risk for associating with them. The victims in all this? The impoverished and destitute in many “third world” countries.

At the same time, tragically, other active Muslims who were entrenched in the community or worked in an organizing capacity (much like our president once did for the disenfranchised), ceased their activities over trepidation as to how their efforts towards equality could one day be misconstrued for something nefarious. The climate of society forced many followers of the Islamic faith to alter their involvement on a plethora of levels. Even today, as forces like the NYPD keep Muslims under intrusive surveillance and continued cases of FBI entrapment emerge, many have stopped attending mosques or interacting too much within the community out of sheer apprehension over unwarranted government action. It is an unfortunate reflection of how marginalized groups often times suffer under the radar without a representative voice in government and in the mainstream.

Throughout modern history, we’ve had other instances of outrageous fear mongering, bias and injustice against those whose patriotism we questioned. Though it is rarely covered in classrooms, the internment of hundreds of thousands of Japanese and those of Japanese ancestry during WWII is a perfect example. Literally rounded up and “excluded” from living in the cities and towns they resided in, these “suspicious” individuals were interned in camps because their allegiance to the country “could not be determined.”

In 1950, at the height of the great red scare, Congress passed the Internal Security Act which required the American Communist Party, affiliated organizations and all ‘subversives’ to get fingerprinted and officially register with the Attorney General. This draconian law was so outrageous that then-President Harry Truman even vetoed it (though Congress overruled his veto in the end). The truly tragic and troubling thing about today’s NDAA is that President Obama isn’t even attempting to veto it anymore; he is instead giving it his stamp of approval. Even though the president stated that he has “serious reservations” regarding the detention, interrogation and prosecution of suspected terrorists, and even though he emphasizes that his administration will not indefinitely militarily detain American citizens without trial, what happens after he is no longer in office? Future leaders of the free world, after all, have absolutely no obligation to honor Obama’s signing statement, nor follow in his footsteps.

Yes, our first African American president has changed much of the vitriolic language used when covering the topic of terrorism, and yes he has taken great caution to ensure that Muslims and terror itself are not juxtaposed together. For that, he should be commended. But by finalizing the ability of any president to deem persons — including U.S. citizens (if they so interpret this bill) — an enemy that could then be indefinitely detained without charge or without trial, he sets into motion a frightening precedent. As a former constitutional law professor, President Obama should be inherently aware of the impending ramifications.

During the struggle for civil rights, many journalists, activists and those vocal citizens working alongside Martin Luther King Jr., Malcolm X and other leaders suddenly found themselves targeted for their activities. Countless advocates became political prisoners and others saw their careers and lives ruined. Now at a time when we already have legislation like the Patriot Act renewed, and warrantless wiretapping is openly put into practice, this defense act not only indoctrinates AUMF (2001 Authorization for use of Military Force) and many activities that were previously in existence, but it also leaves open the possibility of silencing anyone on a level with which we never even imagined.

As American Muslims, we’re happy that some are starting to ease the negative imaging and stereotyping against us, and are instead open to learning more about what the Islamic faith truly stands for. As a routinely alienated group, we’re overly ecstatic when a program like All American Muslim actually portrays us in a light other than that of some extremist radical. But while we should embrace the boycott of Lowe’s for its open bigotry, and praise folks like Russell Simmons for stepping up to the plate to purchase ads for the program, we should put just as much focus into the potential of someone like a Newt Gingrich or Rick Santorum taking over the White House and having full reign to detain whomever he pleases. Just remember the Bush-era verbiage of “you’re either with us or against us” and the atmosphere of intolerance that permeated under his presidency, and couple that with the ability of someone with his mentality being able to willfully determine any one of us a “traitor,” lock us up and throw away the key.

If Muslims scaled back their activities in the community and their charitable donations out of paranoia over the unrealistic possibility of being tied to something suspicious, just imagine the fear that will ensue if anyone can be instantly and militarily detained over accusations where the burden of proof won’t even be on the accuser. It is indeed an alarming scenario that can (and in all likelihood will) give new meaning to the term reality — no TV required.

Nida Khan is an independent journalist and producer working in print, radio and TV. As a news correspondent for WRKS 98.7 Kiss FM NY, she has covered everything from Barack Obama’s presidential campaign to protests for the defense of Sean Bell.

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