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Analysis posted Sep 30 2006, 10:41 PM Category: Tyranny/Police State Source: Prison Planet Print

Torture Bill States Non-Allegiance To Bush Is Terrorism

Legislation tolls the bell for the day America died, birth of the dictatorship
By Paul Joseph Watson & Alex Jones


Buried amongst the untold affronts to the Bill of Rights, the Constitution and the very spirit of America, the torture bill contains a definition of "wrongfully aiding the enemy" which labels all American citizens who breach their "allegiance" to President Bush and the actions of his government as terrorists subject to possible arrest, torture and conviction in front of a military tribunal.

7:25PM CST UPDATE

After five hours of searching through the 80-plus page bill, Alex Jones, who won the 2004 Project Censored award for his analysis of Patriot Act 2, uncovered numerous other provisions and definitions that make the bill appear as almost a mirror image of Hitler's 1933 Enabling Act.

In section 950j. the bill criminalizes any challenge to the legislation's legality by the Supreme Court or any United States court. Alberto Gonzales has already threatened federal judges to shut up and not question Bush's authority on the torture of detainees.

"No court, justice, or judge shall have jurisdiction to hear or consider any claim or cause of action whatsoever, including any action pending on or filed after the date of the enactment of the Military Commissions Act of 2006, relating to the prosecution, trial, or judgment of a military commission under this chapter, including challenges to the lawfulness of procedures of military commissions under this chapter."

The Bush administration is preemptively overriding any challenge to the legislation by the Supreme Court.

The definition of torture that the legislation cites is US code title 18 section 2340. This is a broad definition of torture and completely lacks the specific clarity of the Geneva Conventions. This definition allows the use of torture that is, "incidental to lawful sanctions." In alliance with the bill's blanket authority for President Bush to define the Geneva Conventions as he sees fit, this legislates the use of torture.

The media has spun the bill as if it outlaws torture - it only outlaws torture for "enemy combatants," and in fact outlaws the retaliation of any military against the United States as "murder." Those deemed "enemy combatants" are not even allowed to fight back yet the government affords itself every power including the go-ahead to torture.

Further actions that result in the classification of an individual as a terrorist include the following.

- Destruction of any property, which is deemed punishable by any means of the military tribunal's choosing.

- Any violent activity whatsoever if it takes place near a designated protected building, such as a charity building.

- A change of the definition of "pillaging" which turns all illegal occupation of property and all theft into terrorism. This makes squatters and petty thieves enemy combatants.

In light of Greg Palast's recent hounding by Homeland Security, after they accused him of potentially giving terrorists key information about U.S. "critical infrastructure" when filming Exxon’s Baton Rouge refinery (clear photos of which were publicly available on Google Maps), sub-section 27 of section 950v. should send chills down the spine of all investigative journalists and even news-gatherers.

"Any person subject to this chapter who with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign power, collects or attempts to collect information by clandestine means or while acting under false pretenses, for the purpose of conveying such information to an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished by death or such other punishment as a military commission under this chapter may direct."

Subsection 4(b) (26) of section 950v. of HR 6166 - Crimes triable by military commissions - includes the following definition.

"Any person subject to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished as a military commission under this chapter may direct."

For an individual to hold an allegiance or duty to the United States they need to be a citizen of the United States. Why would a foreign terrorist have any allegiance to the United States to breach in the first place?

This is another telltale facet that proves the bill applies to U.S. citizens and includes them under the "enemy combatant" designation. We previously cited the comments of Yale law Professor Bruce Ackerman, who wrote in the L.A. Times, "The compromise legislation....authorizes the president to seize American citizens as enemy combatants, even if they have never left the United States. And once thrown into military prison, they cannot expect a trial by their peers or any other of the normal protections of the Bill of Rights."

The New York Times stated that the legislation introduced, "A dangerously broad definition of “illegal enemy combatant” in the bill could subject legal residents of the United States, as well as foreign citizens living in their own countries, to summary arrest and indefinite detention with no hope of appeal. The president could give the power to apply this label to anyone he wanted."

Calling the bill "our generation’s version of the Alien and Sedition Acts," the Times goes on to highlight the rubber stamping of torture.

"Coerced evidence would be permissible if a judge considered it reliable — already a contradiction in terms — and relevant. Coercion is defined in a way that exempts anything done before the passage of the 2005 Detainee Treatment Act, and anything else Mr. Bush chooses."

Since with this bill, in the aggregate, Bush has declared himself to be above the Constitution and the laws of the United States, the allegiance of American citizens is no longer to the flag or the freedoms for which it stands, but to Bush himself, the self-appointed dictator, and any diversion from that allegiance will mandate arrest, torture and conviction in a military tribunal under the terms of this bill.

Similar to the UK's Glorification of Terrorism law, which top lawyers have slammed as vague, open to interpretation and a potential weapon for the government to kidnap supposed subversives, the nebulous context of "wrongfully aiding the enemy," could easily be defined to include publicly absolving an accused terrorist of involvement in a terrorist attack.

That renders the entire 9/11 truth movement an aid to terrorist suspects and subject to military tribunal and torture. In addition, Bush's recently cited National Strategy for Combating Terrorism, which is available on the White House website, labels conspiracy theorists as terrorist recruiters.

This should leave us with no doubt as to which parties are the target of the government's torture and intimidation campaign.

Could protesting a war approved by the government and their bootlickers in Congress and the Senate be considered breaching an allegiance to the United States? Could campaigning against the bombing of a target country be considered wrongfully aiding the enemy?

When the USA PATRIOT act was rushed through at the height of an anthrax scare without any members of Congress even having time to read it, we were assured that it was to fight terrorists and would not be used against the American people.

Since then a plethora of cases whereby the USA PATRIOT act was used against U.S. citizens emerged, including the internment without trial for over three years of Jose Padilla, an American citizen who was finally released after no evidence of terrorism was uncovered.



The so-called "compromise" before the bill was passed and the media acclaim of John McCain as some kind of human rights champion is one of the biggest con jobs ever inflicted upon the American people.

Shortly after the bill was finalized it was spun by Bush security advisor Stephen Hadley as "good news and a good day for the American people." McCain said that it safeguarded "the integrity and letter and spirit of the Geneva Conventions."

In truth the legislation does the exact opposite, giving Bush carte blanche to "interpret the meaning and application of the Geneva Conventions."

In addition, under the bill, "No person may invoke the Geneva Conventions or any protocols thereto in any habeas corpus or other civil action or proceeding to which the United States, or a current or former officer, employee, member of the Armed Forces, or other agent of the United States is a party as a source of rights in any court of the United States or its States or territories."

The bill also allows hearsay evidence (obtained via phony confessions after torture) to be considered by the military tribunal and bars the suspect from even having knowledge of the charges against him - making a case for defense impossible. This is guaranteed to produce 100% conviction rates as you would expect in the dictatorships of Uzbekistan or Zimbabwe and other torture protagonists who are in many cases allied with the Bush administration and provide phony confessions obtained from torture that allow the U.S. government to scare its people with the threat of imaginary Al-Qaeda terror cells waiting to kill them.

Following the Supreme Court's ruling to previously strike down Bush's shadow penal system, Alberto Gonzales is already out threatening federal judges to shut up and get behind the dictator or face the consequences.

Gonzales has the sheer gall to attack judges for even considering to "overturn long-standing traditions or policies without proper support in text or precedent," which is exactly what Gonzales, Bush and the rest of the White House criminals are doing themselves by de facto abolishing the Bill of Rights!

This is a dark day for the United States, the day America died and the bastard birth of a literal dictatorship.

Related:
> The White House Warden: Congress may give the president the power to lock up almost anyone he thinks is a terror threat.
> Is your daughter a future detainee? What the media didn't tell you about the new anti-terror bill or Bush's power grab
> Attorneys For Guantanamo Detainees Could Be Detained As Enemy Combatants Under New Legislation





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Comments 1 - 20 of 59 Add Comment Page of 3 >
globalstomp

Posted: Oct 01 2006, 4:20 AM

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This in my opinion calls for the military on behalf of the Supreme Court to have Mr. Bush and his upper cabinet arrested immediately for treason, tyranny, and war crimes against humanity. Many more charges will come when they are in custody. THE EVIDENCE IS SCREAMING AT US FOR THE PUBLIC TO WAKE THE HELL UP! THE AMERICAN PUBLIC IS AS ABSENT AS THE JETS ON 9/11. THE MILITIAS SHOULD STEP IN IF THE MILITARY DOESN'T.
Anonymous

Posted: Oct 01 2006, 1:55 PM

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8475 It seems that by the simple definition of an indvidual, group, organisation or nation as "an enemy of the US", then the govt. organisation is at total (USA) legal liberty to do anything to destroy that entity by whatever means it thinks appropriate. THANK GOD I DO NOT LIVE IN THE US.
Karl

Posted: Oct 01 2006, 2:06 PM

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148243 this remembers me 1984 by George Orwell, that being the ever changing, ever hiding enemy in the book, Emmanuel Goldstein, became Osama Bin Laden, and the fitght to exterminate terrorism is in my point of view, exactly the same thing the three nations in the story did fighting among them, just a sorry excuse to keep the war machine working, you can't block an enemy that has no form like water, (Sun Tzu).

Besides, such a kind of tribunal, where you don't know what you are being accused of and that accepts torture obtained confessions existed once, it was called the spanish inquisition, and we all know what happened then.
Outsider

Posted: Oct 01 2006, 3:43 PM

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87244 I'm afraid this only confirms the feeling outside the US that the country has been on a slide for the past few years. The wording of the text is as careful to protect the administration as it is to remove basic legal protection from its victims, which is worrying to the extreme giventhe very debatable level of intelligence it relied on to invade Iraq.

America, what happened? Who amongst you will cry foul?
Stevie56

Posted: Oct 01 2006, 4:39 PM

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21378 So, I oppose what the US Administratiion is doing and that makes me an enemy of what?

The US people (Who largely agree with me)?

The US Military (Who recognise no international law)?

The US Congress (Bought and paid for by multinationals)?

The US Senate (Corrupt and ridiculed throughout the entire international legal system)?

The President (Who has only one agenda, to perpetuate his infantile and prurient hate-politics)?

Torture me all you want, Mr President! My views on you and all your corrupt Administration will not change!!

Stevie

Lost & Scared.
Anonymous

Posted: Oct 01 2006, 5:08 PM

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71225 Well, I, for one am glad to see that Senator McCain was happy with the compromise. I wonder if something he said on his phone was used against him to get him in line. Oh, I forgot, wiretapping is illegal and our president only does that which is legal. The same is probably true of the others who had said they were against this bill.
Johanna

Posted: Oct 01 2006, 5:44 PM

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67142 The military needs to step in immediately and remove George W. Bush from office. I second that motion. He is a traitor. If the military is not willing to take action immediately, then International Law must be invoked. This insanity must not be allowed to stand another moment. He and his congress have just stepped over the line.

I have merely been bitching up til now. Now, however, I am willing to spend what little I have and drive to Washington and march down Pennsylvannia Avenue, for as long as it takes.

Bush must be tried for treason, and the Constitution restored.

Johanna

Posted: Oct 01 2006, 6:21 PM

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67142 Supreme Court: Substantive questions should be directed, in writing, to the Public Information Officer, Supreme Court of the United States, Washington, DC 20543.

Please write today requesting an emergency session. Please email the media insisting they make this issue #1.

Donald Rumsfield is Sec. of Defense ... we are in dire straits here, act now ... I hear the jackboots coming ...



Anonymous

Posted: Oct 01 2006, 6:31 PM

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68183 It's gonna be lke the communist thing agin pretty soon.
Johanna

Posted: Oct 01 2006, 6:45 PM

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67142
I have not yet begun to fight.

moveon.org

There is still time ... act now.
Anonymous

Posted: Oct 01 2006, 6:59 PM

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74121 man i cant believe this. Honestly, how can people still support this guy after something like this? How can he possible still claim that he wants to bring democracy to iraq when hes doing this to his own country?!
The Oracle

Posted: Oct 01 2006, 7:24 PM

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6669 Gee, does this also mean that if some U.S. soldier, having seen through the lies of the Bush administration, and decides he or she doesn't want to go over again to Iraq to fight in Bush's illegal war, could be judged by BushCo of giving aid to the enemy?

Is this already happening? U.S. soldiers who have gone AWOL (like Bush did from the TX Air National Guard) being picked up and held without any legal recourse to any court? U.S. soldiers that have "disappeared" into the $385 million worth of new prisons Halliburton is building for BushCo for immigration and "other purposes"?

Soon, any legislator up in Congress who votes against a BushCo-backed bill may just "disappear" because BushCo deemed their vote to be aiding the enemy. And any Supreme Court justice who doesn't rule in BushCo's favor will suffer the same fate.

For instance, some House Republican inserted into a pending bill a provision giving BushCo absolute, dictatorial control over all of our nation's military forces...including our states' national guard units. All U.S. governors, both Republican and Democratic, have protested this major intrusion on states' rights. Would all the governors now be subject to the BushCo claim that anyone who isn't with BushCo is against BushCo...and thus aiding the enemy?

Alberto Gonzales is insane. All the PNAC-associated Republicans are insane. Insane people should be locked away for the good of everyone else around them...and for national security reasons. All PNAC-associated Republicans should be locked away before anymore of their egomaniacal insanity gets anymore people killed.

Nothing less than the fate of our democracy is hanging in the balance on November 7th.
Anonymous

Posted: Oct 01 2006, 7:43 PM

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24214 you are all nuts... if you are shallow enough to buy into this then maybe you don't belong here to begin with... unfortunately blatant lies get attention more so than does honest reporting... this article is one such example... if the author doesn't like what is happening here.... THEN LEAVE!!
globalstomp

Posted: Oct 01 2006, 8:37 PM

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Of course this last post by anonymous must be a bush supporter because he doesn't have the balls to tell us who he is, he just wants to get us all going but he is the one that should leave. You want to live in a dictatorship then your getting your wish asshole. I wonder how he would feel when he wakes up next to his butt buddy bubba in one of those nice new shiny prisons that Haliburton is building. This Vietnam vet would like to twist his head off and shit down his neck. He obviously is one of those who reads and listens to the mainstream mouthpiece media and he will be the first to go. GO TO HELL YOU COMMUNISTIC PRICK!
Anonymous

Posted: Oct 01 2006, 8:49 PM

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205238 We have a very sick man as our president. I only hope that someone can influence him back to the right path. These
actions should be abhorrent to
anyone in the Republican Party, which has historically upheld the Constitution and its directives.
themim (Barry)

Posted: Oct 01 2006, 8:53 PM

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205238 I didn't realize there was a place for my name at the top when I wrote the last posting at 8:49. I just want to make sure Mr. Bush gets it right for the wiretap
Mike D.

Posted: Oct 01 2006, 9:22 PM

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71124 Is anyone else out there getting dizzy from the spinning as our country slowly goes down the shitter ? Dubya has screwed up everything he ever touched! Word has it that Daddy is even pissed at him. I can't wait for Christ to come back and rid the world of all the scum!
american people

Posted: Oct 01 2006, 10:15 PM

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7020 if they (the gov) ask for citizens to turn in their guns ....
then you know the american people are at war internally and should resist at all cost. f.. bush!
mailmom

Posted: Oct 02 2006, 12:24 AM

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24117 Kwitcherbitchin' folks! The only way to solve this is to take our country back from the imperialist whoredoggies! If you are not properly registered to vote,
do so. If you can't legally vote, for whatever reason, then talk a friend, neighbor or relative into registering AND VOTING!!! Then go out and find 5 other people to do the same. Make taking back our country a moral imperative!
Anonymous

Posted: Oct 02 2006, 4:54 AM

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70117 People,
Read the scriptures...was Bush and Co., are doing is fulfilling prophecies..

Read Rev. 13, last part, the lamblike (christian) beast(nation) which was to speak like a dragon(evil) and support the same laws previously established by the preceding the Sea BEast of Rev. 13(The Papacy.)... which is simply the support the Cannon laws of Inquisition, ...torture, loss of personal liberties and yes...soon the loss of religious freedom..

What is coming to America and world...(and don't think that other countries are going to escape.....is a lot of tribulation, and persecution of those that
will serve Jesus laws of love and peace over the man made laws of persecution and torture...

Time to be in our knees, studying God's word and praying for wisdom, and an a personal and national spiritual renewal.

God bless,
.....
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