Showing posts with label National Security. Show all posts
Showing posts with label National Security. Show all posts

Sunday, September 25, 2011

“... a piece of legislation I introduced into Congress..."

 “... a piece of legislation I introduced into Congress in late 2007 concisely reflects my views on civil liberties and executive power in light of the war on terror.  I am referring to the American Freedom Agenda Act of 2007.  Among other things, the legislation 


  • repeals the Military Commissions Act of 2006 
  • forbids the use of statements extracted by torture as evidence in any civilian of military tribunal; 
  • subordinates the executive’s surveillance activities to the requirements of the Foreign Intelligence Surveillance Act (FISA); 
  • gives the House of Representatives and the Senate legal standing to contest in court any presidential signing statement that indicates the executive’s intention to disregard any provision of a bill; and
  • provides that nothing in the Espionage Act of 1917 prevents any journalist from publishing information received from the executive branch or Congress “unless the publication would cause direct, immediate, and irreparable harm to the national security of the United States.”
[......]

Any individual detained as an enemy combat by the United States “shall be entitled to petition for a writ of habeas corpus under section 2241 of title 28, United States Code.”

The Act also says, “No officer or agent of the United States shall kidnap, imprison, or torture any person abroad based solely on the President’s believe that the subject of the kidnapping, imprisonment, or torture is a criminal or enemy combatant; provided that kidnapping shall be permitted if undertaken with the intent of bringing the kidnapped person for prosecution or interrogation to gather intelligence before a tribunal that meets international standards of fairness and due process.”  Knowing violations of this section are to be punished as felonies.” -Pages 123 & 124 of The Revolution, A Manifesto

“A decent society never accepts or justifies torture...."

“A decent society never accepts or justifies torture.  It dehumanizes both torturer and victim, yet seldom produces reliable intelligence.  Torture by rogue American troops or agents puts all Americans at risk, especially our rank-and-file soldiers stationed in dozens of dangerous places around the globe.  It is not difficult to imagine American soldiers or travelers being taken hostage and tortured as some kind of sick retaliation for Abu Ghraib.  
Beyond that is the threat posed by unchecked executive power. [...] But the argument for extraordinary wartime executive powers has been made time and time again, always with bad results and the loss of our liberties.  That’s why it is precisely during times of relative crisis that we should adhere most closely to the Constitution, not abandon it.  The Founders were especially concerned about the consolidation of power during times of war and national emergencies.” -Pages 119 & 120 of The Revolution, A Manifesto

“The record is clear and detailed that national security..."

“The record is clear and detailed that national security cover-up has been a practice of each of the Presidents since FDR.” -Page 118 of The Revolution, A Manifesto

“The Patriot Act violates the Constitution by allowing..."

“The Patriot Act violates the Constitution by allowing searches and seizures of American citizens and their property without a warrant issued by an independent court upon a finding of probably cause.  Foreign Intelligence Surveillance Courts [...] may issue warrants for individual records, including medical and library records.  It can do so secretly, and the person who turns over the records is muzzled and cannot ever speak of the search.  The attorney general is given the power, with no judicial oversight, to write “national security letters” ordering holders of any of your personal records to hand them over for the government to examine - a power that has already been abused.  You would have no way of knowing that this had been done.
....
In fact, a requirement that law enforcement demonstrate probable cause may help law enforcement officials focus their efforts on true threats, thereby avoiding the problem of information overload that is handicapping the government’s efforts to identify sources of terrorist financing. 
History demonstrates that the powers we give the federal government today will remain in place indefinitely.  How sure are we that future presidents won’t abuse those powers? Politically motivated IRS audits and FBI investigations have been used by past administrations to destroy political enemies.  Past abuses of executive surveillance are the reason FISA was passed in the first place.” -Page 115 & 116 of The Revolution, A Manifesto