Police State USA and the NDAA: Creating American Terrorists
Council of the National Interest
Monday, January 23, 2012
Defenders of the recently passed National Defense Authorization Act, which declares the entire world to be a “battlefield” against terrorism and authorizes the U.S. military to detain indefinitely anyone suspected of being a terrorism supporter, have claimed that the White House will only use its new power carefully and with due process. Opponents note that the White House has never hesitated to use any new authority, no matter how outrageous, and that the trend of law enforcement and security agencies is to expand on powers granted, not to rein them in or limit them.
The track record of the Obama administration on civil liberties is particularly bad, as it has broadened its definition of war powers, reneged on its promise to close Guantanamo Prison, and supported numerous dubious terrorism prosecutions. It has also become adept at silencing critics through the repeated exploitation of the state-secrets privilege, which effectively dismisses any case accusing the government of abuse or malfeasance.
So let us accept that the government now has the power to send a team of military police to anyone’s home in any state in the Union and can demand that that person surrender without any recourse to a lawyer or judicial due process. The military can then detain the individual incommunicado for any length of time and can presumably send him to Guantanamo for special confinement, claiming that the reason for the detention is support of terrorism, which can be almost anything, including a letter to the editor of the local paper complaining about the goonery of the Transportation Security Administration. Once in detention, the suspect only has such options as are granted to him by the military. He cannot see a lawyer, cannot invoke habeas corpus or other constitutional privileges, cannot confront any witnesses against him, and cannot challenge any information prejudicial to him even if it is hearsay or fabricated. In other words, the accused can be arrested for no reason and held indefinitely without any protections that enable him to push back against being detained. Most people would consider a criminal justice system that permits such detention ipso facto a police state.