The End of the U.S. Constitution and the American Dream!

The Bush administration and the Rubber-Stamp Congress have now so clearly stepped over the line that only an idiot, terrorist or fascist would approve.

These people hate this country and what the U.S. Constitution and America stands for:

A draft Bush administration plan for special military courts seeks to expand the reach and authority of such "commissions" to include trials, for the first time, of people who are not members of al-Qaeda or the Taliban and are not directly involved in acts of international terrorism, according to officials familiar with the proposal.

The plan, which would replace a military trial system ruled illegal by the Supreme Court in June, would also allow the secretary of defense to add crimes at will to those under the military court's jurisdiction. The two provisions would be likely to put more individuals than previously expected before military juries, officials and independent experts said.

The draft proposed legislation, set to be discussed at two Senate hearings today, is controversial inside and outside the administration because defendants would be denied many protections guaranteed by the civilian and traditional military criminal justice systems.

Under the proposed procedures, defendants would lack rights to confront accusers, exclude hearsay accusations, or bar evidence obtained through rough or coercive interrogations. They would not be guaranteed a public or speedy trial and would lack the right to choose their military counsel, who in turn would not be guaranteed equal access to evidence held by prosecutors.

Detainees would also not be guaranteed the right to be present at their own trials, if their absence is deemed necessary to protect national security or individuals.

An early draft of the new measure prepared by civilian political appointees and leaked to the media last week has been modified in response to criticism from uniformed military lawyers. But the provisions allowing a future expansion of the courts to cover new crimes and more prisoners were retained, according to government officials familiar with the deliberations.

[snip]

Some independent experts say the new procedures diverge inappropriately from existing criminal procedures and provide no more protections than the ones struck down by the Supreme Court as inadequate. John D. Hutson, the Navy's top uniformed lawyer from 1997 to 2000, said the rules would evidently allow the government to tell a prisoner: "We know you're guilty. We can't tell you why, but there's a guy, we can't tell you who, who told us something. We can't tell you what, but you're guilty."

Bruce Fein, an associate deputy attorney general during the Reagan administration, said after reviewing the leaked draft that "the theme of the government seems to be 'They are guilty anyway, and therefore due process can be slighted.' " With these procedures, Fein said, "there is a real danger of getting a wrong verdict" that would let a lower-echelon detainee "rot for 30 years" at Guantanamo Bay because of evidence contrived by personal enemies.

[snip]

The provisions are closely modeled on earlier plans for military commissions, which the Supreme Court ruled illegal two months ago in a case brought by Salim Ahmed Hamdan, a Yemeni imprisoned in the U.S. military prison at Guantanamo Bay, Cuba. "It is not evident why the danger posed by international terrorism, considerable though it is, should require, in the case of Hamdan, any variance from the courts-martial rules," the court's majority decision held.

[snip]

"Basically, this is trying to overrule the Hamdan case," said Neal K. Katyal, a Georgetown University law professor who was Hamdan's lead attorney.

[snip]

The admission of hearsay is a serious problem, said Tom Malinowski, director of the Washington office of Human Rights Watch, because defendants might not know if it was gained through torture and would have difficulty challenging it on that basis. Nothing in the draft law prohibits using evidence obtained through cruel, inhumane and degrading treatment that falls short of torture, Malinowski said.

[snip]

To secure a death penalty under the draft legislation, at least five jurors must agree, two fewer than under the administration's earlier plan. Courts-martial and federal civilian trials require that 12 jurors agree.

This is a Wiemar moment folks! The mere fact that anyone would consider extending this to anyone “The Decider” decides is an “enemy combatant,” sans connection to terrorism, and that the SecDef could make up what crimes are relevant as he goes along is repugnant and under Hamden unconstitutional. By proposing this legislation it is clear that this administration does not take its sworn allegiance to the U.S. Constitution and respect for the United States founding principals seriously.

Well, that is an understatement!

So now, calling Oliver Stone, do you suppose there is any connection to those detention centers that Halliburton was given the contract to build?

Here is how MarketWatch described the contract:

HAL32.87, -0.84, -2.5% ) , said Tuesday it has been awarded a contingency contract from the Department of Homeland Security to supports its Immigration and Customs Enforcement facilities in the event of an emergency. The maximum total value of the contract is $385 million and consists of a 1-year base period with four 1-year options. KBR held the previous ICE contract from 2000 through 2005. The contract, which is effective immediately, provides for establishing temporary detention and processing capabilities to expand existing ICE Detention and Removal Operations Program facilities in the event of an emergency influx of immigrants into the U.S., or to support the rapid development of new programs, KBR said. The contract may also provide migrant detention support to other government organizations in the event of an immigration emergency, as well as the development of a plan to react to a national emergency, such as a natural disaster, the company said.

And what could those new programs be that are so necessary to round up and detain anyone under this new proposed legislation?

LET ME REPEAT: to support the rapid development of new programs, KBR said. The contract may also provide migrant detention support to other government organizations in the event of an immigration emergency, as well as the development of a plan to react to a national emergency, such as a natural disaster, the company said.

This is a picture that is getting scarier and scarier. This is all being promoted in the name of National Security. That anyone would believe that this administration is going to provide them with security and safety from the Terrorists is obviously delusional. This administration apparently is willing to take those unconnected to terrorism and has plans to detain them due to a national emergency under the rapid development of new programs.

What exactly could the rapidly developing new programs be?

Use your imagination.

Freedom and Democracy, not so much! Securing the power of those currently in power, pretty much!

Aside from Dick’s obvious War Profiteering motive that is!

As to the American public’s motive, please remember Ben Franklin when he said, “Those who would give up Essential Liberty to purchase a little Temporary Safety, deserve neither Liberty nor Safety.”

December 12, 2000 really did announce the end of the rule of law.

Like I said, calling Oliver Stone, but even he is right sometimes.

I spend a lot of time trying to connect the dots and these dots are alarming. They even have the alarmist in me alarmed!