"The Old Will Die and the Young Will Forget": It worked for Israel and it's working here...

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KBOO
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Air date: 
Wed, 05/23/2012 - 12:00am
Connect the dots and what you get is a portrait of the Patriot Act...

The Bill of Rights Defense Committee's Shahid Butar says it best:

Oh the joy last  Wednesday, when a federal judge struck down the provision in the National Defense Authorization Act which allowed the indefinite detention of anyone suspected of terrorism on American soil as a violation of free speech and due process. Two days later, the House reversed reason, kicked over the Constitution and  voted to keep the repellent practice of indefinite detention on the books.

 

On a 238-to-182 vote, it rejected a proposal for a formal charge and trial for anyone arrested in the United States. You might have thought that was guaranteed in the Constitution, but that right was stripped away in the original NDAA bill, signed by President Obama on New Years Eve, which made an exception for terror suspects. By giving the military the power to deal with domestic terrorists, the bill essentially allowed presidents to brand anyone a terrorist and lock them up for life without a trial.

 

The indefinite detention clause is odious to Democrats, Republicans and Libertarians alike - just not enough Democrats, Republicans and Libertarians to stop passage of the bill.

Supporters of detention said they were horrified that a police officer might read a terrorist a Miranda warning.

 

A federal judge, at least, has recognized that basic rights cannot be arbitrarily removed from an entire class of people so lawmakers can look tough. In her opinion earlier this week, Judge Katherine Forrest of the Southern District of New York blocked the government from enforcing the detention provision because it violated the First and Fifth Amendments. Noting that the law also allows detention for those who support terrorists, she said the language was so vague that it could allow journalists writing about terrorists to be locked up. That has a “chilling impact on First Amendment rights,” she wrote.

 

The overall defense bill was approved by the House, and President Obama has threatened to veto it — not because it fails to prohibit detention, but because it violates an agreement on the military budget and tries to prohibit same-sex marriages on military property, among other flaws. The Senate has an opportunity to fix this bill to restore the due-process rights found in the Constitution

 

 

 

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Chicago Chapter of the National Lawyers Guild

For Immediate Release: May 19, 2012

Contact: NLG Legal Worker Kris Hermes 510-681-6361 or NLG Attorney Sarah Gelsomino 773-520-8246

 

National Lawyers Guild Attorneys Accuse City of Sensational Charges Applied to NATO Protesters

Use of terrorism-related charges by police stem from infiltration, provocation according to defense attorneys

 

Chicago, IL – Three NATO protesters were brought before a bond judge today on charges of possession of explosives or incendiary devices, material support for terrorism, and conspiracy. For the first time since a Wednesday night raid on a Bridgeport home where activists were staying, the State’s Attorney’s Office read a laundry list of allegations and sought $5 million cash bonds for each of them. However, after hearing from National Lawyers Guild (NLG) attorneys defending the three Occupy activists, Cook County Judge Edward Harmening imposed a $1.5 million D-Bond.

 

During the Wednesday night house raid, police broke down the doors of multiple apartment units with guns drawn and searched residences without a warrant or consent. In addition to 9 arrests made that night, NLG attorneys believe that two undercover police or confidential informants were arrested with the others and were later released. Of the 9 activists arrested, 6 were released without any charges despite being shackled for at least 18 hours in solitary confinement and denied access to attorneys.

 

“These sensational accusations are unfounded and contradict the accounts of other detained witnesses and released arrestees,” said NLG attorney Michael Deutsch with the People’s Law Office. “This effort to vilify protesters smacks of entrapment based on manufactured crimes, and is a common tactic of law enforcement during National Special Security Events.” In the bond hearing, the State’s Attorney said that the defendants were self-described anarchists, yet no such political beliefs were expressed by any of them.

 

During the raid, police seized computers, cell phones and home brew-making equipment among other items. However, police have not yet disclosed the search warrant or the affidavit of probable cause. The 3 defendants, Jared Chase, Brent Betterly, and Brian Jacob Church, will appear again in Cook County Court, Branch 98 at 2600 South California on Tuesday at 11:30am to determine how the State’s Attorney will proceed with the criminal cases.

 

Just last week, all three defendants were surrounded by several police squad cars outside of a CVS, detained for no apparent reason and asked questions about why they were in Chicago and what they planned to do during the NATO summit. One of the defendants recorded the encounter and posted an edited version on YouTube. When Superintendent McCarthy questioned the validity of the footage in the media, the entire video was quickly posted.

 

More than two-dozen people have been arrested so far in the lead up to the NATO summit, which begins tomorrow. At least 7 arrestees in addition to the ones with terrorism-related charges are currently in custody. The NLG is staffing a 24-hour hotline, as well as dispatching dozens of Legal Observers to record police misconduct and representing anyone arrested during the demonstrations.

 

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