NDAA and the Constitution – Part 2: Shut Up! You Don’t Get a Lawyer!
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NDAA and the Constitution – Part 2: Shut Up! You Don’t Get a Lawyer!

October 14, 2019


Part 2: In Part one of this series we heard Mitt Romney
and Newt Gingrich make the case that individuals suspected of treason or aiding the enemy are
not subject to due process and the rule of law. This justifies their support of the NDAA. Romney and Gingrich are not alone however.
65% of the House of representatives and 86% of the Senate voted for passage of the NDAA.
Perhaps the most pronounced argument was made by South Carolina senator Lindsey Graham regarding
persons suspected of aiding the enemy: GRAHAM: And when they say “I want my Lawyer
– you tell them Shut Up! You don’t get a lawyer” Shut up – You don’t get a lawyer. The Miranda
Rights equivalent of the War on Terror. And thus the cloak of subtlety is removed and
the instrument laid bare. How could anyone espousing this horrific bastardization of
justice hold elected office. How can someone who lives in the land of the free not understand
that there is no justice without due process. Lets construct a plausible example from recent
events that illustrates the danger of this short sighted and ignorant view of justice. Anonymous is a decentralized network of hacker
activists who have employed illegal and disruptive means in order to call attention to government
and corporate actions that they perceive as unjust. The 2012 NDAA expands the definition of “enemy
forces” beyond Al Queda and the Taliban to include the vague term “associated forces”
This allows the government great flexibility in defining exactly what organization your
support of would justify indefinite detention without trial. Furthermore, the NDAA does
not limit the type of involvement which would classify you as an enemy combatant to the
stereotypical “engaging in actual combat operations” but uses the vague term of “substantial
support” These two open ended terms could transform something as innocent as a donation
of money to a charitable organization (normally considered an expression of free speech),
into providing ‘substantial support’ to an ‘associated force’ if the government
can find any way to link the activities of the organization to some other terrorist effort. In a recent hacking Anonymous infiltrated
the computer systems of a security firm and retrieved the financial information of many
of it’s members. As part of it’s protest the group used the information to give donations
to various charities. In this case, the group publicized it’s actions and the victims
involved had visibility which allowed them to contest the charges to the charities. Now lets remix these events and provide a
scenario that illustrates the need for due process. What if the Hacker group anonymous infiltrated
the computer records of Sen Lindsay Graham and used his information to donate money to
one of the many charities identified with ties to terrorism. Let’s suppose that the
same standard is applied to him that he advocates for anyone else suspected of providing support
to affiliated forces. He would be given no trial or hearing in which he could contest
the facts or make the case for his innocence because of that well thought out legal argument GRAHAM: SHUT UP! you don’t get a lawyer! In reality if this were to happen to Lindsay
Graham the law would not go after him since he would be presupposed innocent as a representative
of his state – but what if Anonymous secretly did the same thing to people with no claim
to any special privilege? would there be a presupposition of innocence? If it happened
to one of Senator Grahams own constituents – would he fight for their right for due process
or would he advocate the following in place of “Miranda” GRAHAM: “Shut Up!!! you don’t get a Lawyer!!!” How did we get to this point? How did we as
a nation go from giving our life’s blood in the name of freedom to applauding power
hungry hegemons who openly hold our liberty ransom in the name of fear? Our government
is only endowed with the power and authority delegated to it by it’s citizens. If the
people divest themselves of the very principles which would guard against tyranny when courted
by a well meaning and benevolent custodian what recourse will they have when the next
aspiring autocrat ascends to power? Some will acknowledge the overreach of power that the
NDAA represents when speaking of US Citizens, but make allowances when dealing with non-citizen
suspects. Rick Santorum: I do agree that if you are
not a citizen of this country and you are picked up in armed insurrection or trying
to destroy this country that you can in fact be detained and be detained indefinitely without
the right to a lawyer or to a habeus corpus petition and I would detain them at Gitmo
that’s my position The idea that the government gives basic civil
liberties to citizens, but is not restrained in denying them to non-citizens ignores the
fact that the Constitution does not bestow rights on Citizens, but rather restrains the
government from infringing on the rights of ‘persons’ without regard to nationality.
This key difference was central to the philosophy of America at the time of it’s founding
– but has been ignored or concealed in the rhetoric of today. Those citizens that believe that this distinction
removes them from the need to be concerned about civil liberties in the war on terror
should ask themselves why there is a bill under consideration, the Enemy Expatriation
Act, which would remove the citizenship status of anyone accused of the same vague ‘support’
of enemy hostilities that the NDAA refers to. Only by understanding that the civil liberties
described in the bill of rights are Pre-Constitutional and apply to all persons – citizens or not
can we protect against our governments inclination toward unabated power.

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  1. The only correction I have is that Anonymous, while it started as a large hacker group and is known for it, it is not only this "large hacker group." Anonymous is no longer a group of people. It's no one person. It is an idea.

  2. I can see it now… As soon as the government oversteps it's boundaries and the people rebel and try to overthrow the people in charge, the NDAA will be used as a primary tool to label them as terrorists and use the military against them on our own soil. The worst part is the media will agree that they are terrorists and the people who don't actually know what's going on, will be in favor of the government's decisions… I'm moving to Canada

  3. Being that America is the biggest instigator of terrorism, would not paying your taxes suggest you are helping terrorism?

  4. Please watch my story"TIFFANY LEBOUEF SEEKS JUSTICE". I have documents to prove my innocence yet no one wants to even acknowledge it. My life has been destroyed.

  5. If you haven't seen the movie "To Catch A Fire" its a good one to see. When you go accusing innocent people for crimes they DID NOT commit, as the example shows here, they do become your enemy. Especially when it causes them great loss such as family, or otherwise. This isn't a good bill, and I can't believe it passed with such fervor.

  6. Our freedoms are being shredded by these DemoPublican fascists in government! If your congressmen voted for the NDAA – vote them OUT of office!
    Ron Paul 2012!

  7. Restore the sovereign Constitutional Republic. Balance the Budgets. End the Fed. End the Wars. Secure the Blessings of Liberty. Vote RON PAUL!
    cvrp2012.com Combat Veterans for Ron Paul
    Moral Imperative – Clear Mission – Decisive Victory – Return Home

  8. The problem with Anonymous is anyone is allowed to pose as them. Anonymous does good and Anonymous does bad.

  9. That would mean that we should lock up all the politicians who didn't uphold their oath for protecting the Constitution.. they are they enemy and they have hijacked our nation. I agree they shouldn't get a trail or due process, they should be tossed out of America for the traitors they all are.

  10. Who gives a flying fuck what the CIA does, Anonymous is the concept that we as individuals hold the power, not them, this is just an silly attempt to make you think they hold the power still. You are the power, I am the power! Ten more behind us IS the power.. The CIA can't stop the idea of anonymous, this is their silly and irrational attempt to make you think they still hold that power, don't fall for it for one second.

  11. We're coming for you Graham. You're OUT. We will fund every candidate who runs against you. You are an offense to our Constitution

  12. Without the constitution there is no rule of law empowering government or protecting it's employees and as per the 10th amendment all powers granted revert to the people in who all authority is reserved..

  13. I agree with 99.9% of this video. However, how can one say that the Bill of Rights are pre-constitutional when the Bill of Rights are 10 Amendments to an already written constitution?

  14. FYI, charities for Palestinians go to Hamas = terrorists.

    Hamas are gay killers, Jew killers, secular killers, apostasis killers, ooo and yah they are terrorists.

  15. What about the people that OBAMA just murdered with a Drone Attack? One American Citizen and his 16 year old son none had due process as citizens. Why is Obama not in jail that would be concerned terrorism on his part.

  16. Thank you for making and posting these videos … I appreciate your work. I love how CLEARLY you explain things. Maybe you can get through to the hard headed ones.

  17. The people in the military will never attack Americans, they have family them selves… Americans stand up for our freedoms

  18. obama is aiding the enemy.. will he be arrested and get no lawyer?… he is committing treason … so we can be arrested with no lawyer but he can do whatever the hell he wants.!!. if we don't stand up then we deserve what we get.. what the heck is wrong with americans.?. are we just gonna keep sitting back and let this happen to us.?.. damn I just don't understand what is going on.,. are we all being drugged or something.?. why are we letting this happen..? there is something wrong here

  19. These Corporate F ashiest run the country. Bush ,Obama, and Clinton's take that Corporate pay back money. Obama toke 1 Billion. Hillary taking 2.5 Billion. These Corporate whores have to be paid back. Nothing changes, Elites , Whores and crooks. Graham is another whore, He want be president. No one likes him. Not even people from SC. We now live in a Oligarchy, Controlled by Elite handlers. Take down the American flag and fly the corporate whore Flag. McDonalization. They are going to keep taking until they get everything you got.

  20. they love their labels. they think they can stick a horrible label on you to justify anything. unfortunately way too many people fall for this trick.

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