Over the past year I and other plaintiffs including Noam Chomsky and Daniel Ellsberg have pressed a lawsuit in the federal courts to nullify Section 1021(b)(2) of the National Defense Authorization Act (NDAA). This egregious section, which permits the government to use the military to detain U.S. citizens, strip them of due process and hold them indefinitely in military detention centers, could have been easily fixed by Congress. The Senate and House had the opportunity this month to include in the 2013 version of the NDAA an unequivocal statement that all U.S. citizens would be exempt from 1021(b)(2), leaving the section to apply only to foreigners. But restoring due process for citizens was something the Republicans and the Democrats, along with the White House, refused to do. The fate of some of our most basic and important rights—ones enshrined in the Bill of Rights as well as the Fourth and Fifth amendments of the Constitution—will be decided in the next few months in the courts. If the courts fail us, a gulag state will be cemented into place.
Sens. Dianne Feinstein, D-Calif., and Mike Lee, R-Utah, pushed through the Senate an amendment to the 2013 version of the NDAA. The amendment, although deeply flawed, at least made a symbolic attempt to restore the right to due process and trial by jury. A House-Senate conference committee led by Sen. John McCain, R-Ariz., however, removed the amendment from the bill last week.
“I was saddened and disappointed that we could not take a step forward to ensure at the very least American citizens and legal residents could not be held in detention without charge or trial,” Feinstein said in a statement issued by her office. “To me that was a no-brainer.”...
The corporate state knows that the steady deterioration of the economy and the increasingly savage effects of climate change will create widespread social instability. It knows that rage will mount as the elites squander diminishing resources while the poor, as well as the working and middle classes, are driven into destitution. It wants to have the legal measures to keep us cowed, afraid and under control. It does not, I suspect, trust the police to maintain order. And this is why, contravening two centuries of domestic law, it has seized for itself the authority to place the military on city streets and citizens in military detention centers, where they cannot find redress in the courts. The shredding of our liberties is being done in the name of national security and the fight against terrorism. But the NDAA is not about protecting us. It is about protecting the state from us. That is why no one in the executive or legislative branch is going to restore our rights. The new version of the NDAA, like the old ones, provides our masters with the legal shackles to make our resistance impossible. And that is their intention.
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