http://www.informationclearinghouse.info/article17910.htm Tyranny and the Military Commissions Act
By Jacob G. Hornberger
06/21/07 "FFF" -- -- - In Star Wars, Episode 3, in response to the Senate’s grant of sweeping powers to Chancellor Palpatine, Padme declares, “So this is how liberty dies: with thunderous applause.”
The same may be said about the Military Commissions Act (MCA) that was recently enacted by Congress – that this is how freedom ends, with or without the applause.
Despite the fact that the MCA has received just a modicum of publicity from the mainstream press, it is undoubtedly the most ominous and dangerous piece of legislation in our lifetime. By suspending habeas corpus for foreigners, by adopting the executive branch’s “enemy combatant” designation for both Americans and foreigners, and by establishing military tribunals for foreigners, the law not only entails a fundamental reordering of our criminal justice system but also effectively places the U.S. military in control of the American people.
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Targeting the unpopular
The beauty is how U.S. officials have accomplished this standby hijacking of America’s criminal justice system. They have targeted foreigners or unsavory Americans such as Padilla to get their doctrines established, knowing that most Americans would never come to their defense and knowing that most Americans would never suspect that a government victory in those cases might well end up applying to ordinary Americans as well.
So, under the current state of the law, thanks to Congress, the president, and the MCA, Americans can be incarcerated and tortured by the military for the rest of their lives. No due process and no jury trials. In fact, arguably foreigners accused of terrorism have it “better” under the MCA because they do get a trial – trial by military tribunal – while American “enemy combatants” get no trial at all. The reason I put the word “better” in quotation marks is that military tribunals, unlike jury trials in federal court, will be nothing but kangaroo proceedings where the outcome (guilt and death) will not be in doubt and where the proceeding is actually just a show trial for the benefit of the American people.
There are, of course, those who say, “We don’t need to be concerned. Our government officials love us and will employ these powers only against foreigners.” The big problem with that way of thinking is that once the roundups begin amidst a big crisis environment, where everyone is stricken with fear, it will be too late to complain. Just ask German Jews or, for that matter, Americans of Japanese descent.
The time to protest is now. The time to fight for the Constitution and Bill of Rights is now. The time to restore habeas corpus is now. The time to repeal the MCA is now. The time to rein in the federal government is now.