Wednesday, December 4, 2019

The Pentagon’s Destruction of the Bill of Rights

By Jacob G. Hornberger - December 04, 2019 at 09:49AM

undefined

It is supremely ironic that Pentagon officials take an oath to support and defend the Constitution because they intentionally destroyed the Fifth and Sixth Amendments to the Constitution when they set up their “judicial” system at Guantanamo Bay, Cuba. In fact, the very reason the Pentagon established its system in Cuba, rather than the United States, was to circumvent and avoid the provisions of the Constitution and the Bill of Rights.

Prior to the 9/11 attacks, whenever someone was charged with terrorism or any other criminal offense, US officials would secure a grand-jury indictment and then prosecute him in a US District Court. The accused in the federal court system is guaranteed certain procedural protections, many of which were carved out during centuries of resistance by British citizens to the tyranny of their own government. Our American ancestors demanded that many of those procedural protections be expressly enshrined in the Bill of Rights so that everyone would know that federal officials would have to abide by them whenever they charged people with federal crimes.

Examples of procedural guarantees include no cruel and unusual punishments, the right to confront adverse witnesses, the right to counsel, the right to due process of law, the right of trial by jury, the right to be presumed innocent, the right to remain silent, the right of speedy trial, the right to be free from unreasonable searches and seizures, the right to be free of coerced confessions, and the right to counsel.

After 9/11, the Pentagon established its own “judicial” system at Gitmo to try terrorism cases, as an alternative to the federal judicial system in the United States. Yet, one searches in vain for any authority in the Constitution for the Pentagon to do that. When one reads the Constitution, the intent of the Framers is clear: one judicial system — the federal system — for trying all cases involving the commission of federal offenses.

Contrary to what some people maintain, terrorism is not an act of war. It is a federal criminal offense. That’s why it’s listed in the US Code, which enumerates federal criminal offenses. It’s also why terrorism cases have long been tried in federal district court. It’s also why the Pentagon is prosecuting terrorism defendants in its “judicial” system in Cuba.

The establishment of the Pentagon’s system now enables federal officials the option of sending people who are accused of terrorism into two different systems — one run by the federal courts and the other run by the Pentagon. Thus, if two different people are charged with participating in the same terrorism offense, one can be sent into the federal court system and the other can be sent into the Pentagon’s system.

The choice makes all the difference in the world to people who are accused of terrorism because the two systems are total opposites. The Pentagon’s system has destroyed the procedural guarantees that the federal court system still protects. There is no trial by jury in the Pentagon’s system; trial is by military tribunal. Torture and other cruel and unusual punishments are meted out in the Pentagon’s system, oftentimes before conviction. Confessions can be coerced and are admissible into evidence. Hearsay evidence is admissible, which nullifies the right to confront adverse witnesses. Defendants are presumed guilty and treated accordingly. There is no right of speedy trial; some people have languished in the Pentagon’s system for more than a decade without trial. In the beginning, the Pentagon wasn’t even going to allow its prisoners to have lawyers, but the Supreme Court put the quietus to that plan by ordering otherwise. Even then, the Pentagon has secretly monitored communications between attorney and client, a severe violation of the attorney-client privilege that is sacred in the federal court system.

Again, this was all by design. The US military has long been a conservative organization, and conservatives have long poo-pooed the procedural protections in the Bill of Rights as nothing more than ludicrous constitutional “technicalities” intended to let guilty people go free. After 9/11, the Pentagon decided that it was going to show how an ideal “judicial” system would operate, one in which such constitutional “technicalities” could be ignored.

In the process, America ended up adopting a “judicial” system that is very similar to those in totalitarian regimes. After more than 200 years of Bill of Rights protection, the fear generated by the 9/11 attacks enabled the Pentagon to figure out how a way to successfully circumvent those protections. In the name of keeping us “safe” from “the terrorists,” the result has been a destruction of critically important parts of the Bill of Rights.

Reprinted with permission from Future of Freedom Foundation.

from Ron Paul Institute Featured Articles

via IFTTT

No comments:

Post a Comment

Merchandise



See other gifts available on Zazzle.

Ron Paul America Cloud

Site Credits

Ron Paul America

is voluntarily affiliated with

Liberty Operations Group

______________________________

Site created, maintained and hosted by

Liberty Web Services

Tags

#TurnOnTheTruth 2008 2012 4th amendment 911 ACTION Afghanistan war Agency Aggression Principle al-Qaeda Alan Colmes Alert America America's Fault Americans antigun AR 15 assault weapon Audit Authoritarian bailouts Believe Big Brother big government bill of rights Blame blowback bubbles Bush Campaign for Liberty Career Politician Eric Cantor Central Bank Charity China churches collapse Collectivism Commission committee Compassion Congress Conservative constitution Crash dangerous person Democrat Democrats Donald Trump Donald Trump. Planned Parenthood drones economic Economy Edward Snowden End the Fed European Union Federal Reserve Floyd Bayne floyd bayne for congress force foreign interventionism free market free markets GOP Nominee GOP Presidential Debates Government Great Depression gun control House of Representatives housing bubble HR 1745 I like Ron Paul except on foreign policy If ye love wealth better than liberty IFTTT Individual Individualism Institute Irag Iran Iraq war ISIL ISIS Judge Andrew Napalitano libertarian Liberty Liberty Letters Liberty Report Lost mass Media meltdown metadata Micheal Moore Middle East Mitt Romney nap National Neocons New Ron Paul Ad New York Times Newsletters Newt Gingrich No Non non-interventionism NSA NSA Snooping Obama Overreach overthrow Patriot Act peace politicians Pope Francis President Presidential Presidential Race programs prosperity Race Racist Racist Newsletters Rand Paul Read the Bills Act recessions redistribution of wealth refugee crisis Repeal Obamacare Report Republican Republican Nomination Republican Nominee Republicans Revolution Rick Santorum Rick Santorum Exposed Ron Ron Paul Ron Paul Institute Ron Paul Institute Featured Articles Ron Paul Institute for Peace And Prosperity Ron Paul Institute Peace and Prosperity Articles Ron Paul Next Chapter Media Channel Ron Paul Racist Newsletters ron paul's foreign policy Ronald Reagan ronpaulchannel.com ronpaulinstitute.org Rosa DeLauro russia Samuel Adams Saudi Arabia Second Amendment Security Senate Senator September 11th attacks Show Soviet Spying stimulate Stock Market surveillance Syria tech bubble terrorist The the Fed the poor US US foreign policy Us troops USA Freedom Act Virginia Virginia Republican Primary voluntarism. Liberty Voluntary Warner Warning warrantless wiretaps YouTube