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Re:Obama wins back the right to indefinitely detain under NDAA by spodek on Thursday July 18, 2013 @07:46AM (#6062922)
"Congress granted the president the authority to arrest and hold individuals accused of terrorism without due process under the NDAA, but Mr. Obama said in an accompanying signing statement that he will not abuse these privileges to keep American citizens imprisoned indefinitely"

If you want to influence someone, it helps to understand their motivations. I can't conceive of what Obama has in mind with pursuing this law against resistance.

Is it not obvious to everyone the unwanted side-effects of this kind of power? Is it not obvious how much this flies in the face of the intent of the people who wrote the Constitution. Or more relevantly the Declaration of Independence? Obama is a lawyer! He's intelligent. What can he be thinking? Did he forget the purpose and spirit of the Bill of Rights as he and advisors schemed to get around its letters?

Those revolutionaries would have all been labeled terrorists today. With the King in England, any colonist would have been an enemy combatant, stripped of rights, jailed or worse arbitrarily, and who knows what else.

Whether the United States has become what we rebelled against is not the question. If nothing changes, it's only a matter of time. This country has gotten rid of slavery and overcome major hurdles of sexual and racial inequality. Let's hope we have what it takes to overcome this centralization of power and unaccountability. And that we act on it.

Re:Obama wins back the right to indefinitely detain under NDAA by roc on Thursday July 18, 2013 @12:40PM (#6064754)
> "I can't conceive of what Obama has in mind with pursuing this law against resistance."

I think, logically, we're down to only a few options:

1. "he's lying": His stated opinions/positions don't reflect his beliefs at all.

2. "he's powerless": despite being President, he has no practical control over what is pursued, so his speeches and signing statements are essentially a plea for people and historians to not blame him for that which he cannot control.

3. "he's corrupt": Power has corrupted his ideals, and he truly believes he can fairly wield dangerous powers such as the drone kill list and suspension of citizenship/rights, despite their risks, and that having these tools available to him today is more necessary/important than denying them for fear of future abuse.

And none of those possibilities are particularly encouraging.

Re:Obama wins back the right to indefinitely detain under NDAA by jvm on Thursday July 18, 2013 @09:48AM (#6063578)
> Those revolutionaries would have all been labeled terrorists today.

This is one of the huge ironies about contemporary conservatives. They practically worship the founding fathers like gods, but they would have hated many of them if they met them today, as many were godless radical liberals.

The most extreme example of this for me was when D'Souza and other republicans accused Barack Obama of being anti-colonialist [1], specifically in the context of British occupation, and they meant that in a bad way(!) Surely if nothing else, our country was founded on the principle of opposition to British colonialism.

[1] http://www.washingtonpost.com/wp-dyn/content/article/2010/10...

Re:Obama wins back the right to indefinitely detain under NDAA by vor_ on Thursday July 18, 2013 @11:39AM (#6064306)
That irony isn't specific to conservatives. Today's liberals would have hated many of the anti-government founding fathers.
Re:Obama wins back the right to indefinitely detain under NDAA by dragonwriter on Thursday July 18, 2013 @11:53AM (#6064428)
That would only illustrate the same irony if the near deification of the mythologized version of the FFs by today's conservatives referred to in the grandparent post was also common in today's liberals.
Re:Obama wins back the right to indefinitely detain under NDAA by vor_ on Thursday July 18, 2013 @12:20PM (#6064622)
The irony is in the fact that, as today's conservatives would hate many of the founding fathers for being godless radical liberals, today's liberals would hate many of them for being anti-government Tea Party extremists.
Re:Obama wins back the right to indefinitely detain under NDAA by nknighthb on Thursday July 18, 2013 @12:43PM (#6064772)
I don't think you understand where the irony comes from. Liberals don't view the founders the way conservatives do. Most of us have great respect for the founders in general, but we don't treat them as gods.

There is no irony in disagreeing with someone you never viewed as infallible.

Re:Obama wins back the right to indefinitely detain under NDAA by vor_ on Sunday July 21, 2013 @05:40PM (#6080452)
I do understand where that irony comes from, thank you. I was pointing out the irony that conservatives would hate half the founders for being radical liberals, while liberals would hate the other half for being radical conservatives. Honestly, if one classifies themselves as either a liberal or conservative, I don't trust their judgement because they've given into a form of modern tribalism and will nearly always begin espousing double standards to strike out at other side.
Re:Obama wins back the right to indefinitely detain under NDAA by jbooth on Thursday July 18, 2013 @09:57AM (#6063618)
Not to mention that they've yelled tyranny! at every minor administrative tweak, regulatory change or appointment for the last 6 years...

And then, when something like this comes up, that actually does threaten our rights, crickets? Not only crickets but cooperation from the least cooperative congress possibly in history? What the fuck, guys?

Re:Obama wins back the right to indefinitely detain under NDAA by vor_ on Thursday July 18, 2013 @12:06PM (#6064546)
I don't understand singling out conservatives here. Liberals have been at least as complicit in bloating the spectrum of government power. Even worse, the majority of the media expressed practically no skeptical interest until they found out the government was spying on them.
Re:Obama wins back the right to indefinitely detain under NDAA by jbooth on Thursday July 18, 2013 @12:55PM (#6064857)
I'm singling out conservatives because they're hypocrites.

Liberals don't trust police/military, and are ok with the welfare state. They're generally pretty consistent on this, Obama's signed off on this program, but it's been opposed by many more liberals than conservatives.

Conservatives are the opposite, as evidenced by the reaction to this. When you combine their rhetoric about "Obama's Tyranny" when it comes to marginal tax rates or healthcare reform with their complete silence about things that are actually threatening, it's pathetic.

You're even doing it yourself. 'Bloating the spectrum of government power' is obfuscatory BS. Social workers and teachers don't carry guns or listen to phone calls, yet you're trying to conflate them with the security state.

Re:Obama wins back the right to indefinitely detain under NDAA by vor_ on Sunday July 21, 2013 @05:55PM (#6080500)
I'm telling you that singling out conservatives for being hypocrites while ignoring your "side" for being hypocrites is a form of modern tribalism. In other words, you're part of the problem of gridlock because you're too busy playing a gotcha game. This comes from spending too much time on blogs and forums specific to your team. Both sides do it, and I don't understand how one could consider themselves a member of either one and pretend that they know they chose correctly.

Liberal Democrats are hypocrites because they spent eight years bashing George W. Bush for his expanding surveillance state--and Obama specifically spoke out against it during his candidacy--yet many of those same liberal Democrats spend their time in Washington defending the current administration's policies. They hated Bush's wars and detainment policies yet say nothing about Obama's continuation of them, the drone strikes, and the general warmongering. This administration has been one long series of broken promises and defensive Democrats. Watching Nancy Pelosi attempt to differentiate between Obama's security state and Bush's security state was mind-boggling.

If you're going to respond that liberals are opposed to all this and don't consider Obama a true liberal because of it, conservatives did the same regarding George W. Bush when his poll numbers went down too. Every time there's a problem, the person in office suddenly doesn't represent you anymore, and you distance yourselves.

Bloating the spectrum of government power refers to desensitization to the growing power the government has to collect information on citizens for its own purposes, from the healthcare database to monitoring phone calls.

I can tell which "side" you're on just from the seething way you talk about the other team. If you took a step back and looked objectively, you'd see that you both come off the same way to independents and have the same transgressions and hypocrisies.

Re:Obama wins back the right to indefinitely detain under NDAA by dragonwriter on Thursday July 18, 2013 @11:55AM (#6064450)
> Not to mention that they've yelled tyranny! at every minor administrative tweak, regulatory change or appointment for the last 6 years...

More like 4.5 than 6, but also for an 8 year period starting about 8 years before that, too.

Re:Obama wins back the right to indefinitely detain under NDAA by bobo1357 on Thursday July 18, 2013 @10:00AM (#6063641)
How does this threaten an American citizen's rights? This is lawful under the Constitution.
Re:Obama wins back the right to indefinitely detain under NDAA by andrewaylett on Thursday July 18, 2013 @12:02PM (#6064509)
Just because it's lawful under the Constitution doesn't mean that it's not threatening rights: the US Constitution isn't perfectly complete, nor indeed even perfect in what it does cover.

The term 'rights' is also a vague one, and can be split fairly easily into those which should be considered universal and those which only apply locally -- for example, I have the right to walk across the road even where there's no designated crossing point, while in the US that would be jaywalking. That's not a universal right and certainly not a constitutionally protected one, but it's a right that's been removed from US citizens (and for good reason too, in some places). On the other hand, I would say that the right to life should be universal. The US is still largely happy with the death penalty and (per an earlier story on HN) the US Government seems to think that extra-judicial killings are fine too. They are apparently lawful under the constitution, and also threaten American citizen's rights.

Re:Obama wins back the right to indefinitely detain under NDAA by delinka on Thursday July 18, 2013 @10:18AM (#6063768)
By labeling that citizen a "terrorist" without due process of law. The entire purpose of "due process" is to force the accuser to produce the all the necessary evidence to prove the accusation and that he (the accuser) isn't simply trying to destroy someone he doesn't like.
Re:Obama wins back the right to indefinitely detain under NDAA by jbooth on Thursday July 18, 2013 @10:15AM (#6063749)
Is that a serious question?

First line of the article: "The Obama administration has won the latest battle in their fight to indefinitely detain US citizens and foreigners suspected of being affiliated with terrorists under the National Defense Authorization Act of 2012."

Re:Obama wins back the right to indefinitely detain under NDAA by bobo1357 on Thursday July 18, 2013 @10:35AM (#6063871)
Again, this law is constitutional.

http://en.m.wikipedia.org/wiki/Hamdi_v._Rumsfeld

Re:Obama wins back the right to indefinitely detain under NDAA by jbooth on Thursday July 18, 2013 @10:46AM (#6063969)
Original link: "Congress granted the president the authority to arrest and hold individuals accused of terrorism without due process under the NDAA,"

Your link: "...enemy combatants, including U.S. citizens, but ruled that detainees who are U.S. citizens must have the rights of due process,"

We've got 2 issues there, 'enemy combatants' requires a bit more proof than 'suspected of terrorism', although things can be fudged like in the Bradley Manning case. Then we have the whole due process.

The 5th amendment: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

The parts about the armed forces apply to military justice for troops, when wartime discipline is invoked. It's not saying that "when you're at war it all goes out the window for ordinary citizens".

Indefinitely detaining someone based on suspicion, without a requirement of due process or a way to appeal, is quite clearly unconstitutional although I hold little hope for the current Supreme Court to overturn it.

Re:Obama wins back the right to indefinitely detain under NDAA by uxp on Thursday July 18, 2013 @11:13AM (#6064148)
This is only constitutional because our government has said "it's legal".

Your right to free speech as an American citizen is only a right so far as the US government continues to respect that right. The Executive branch could come out tomorrow and start detaining anyone they cared to while stating that any criticism of the US Government is now a detainable offense, and it would be legal if the Judicial branch waved it's hands and said "We'll allow it."

Our rights may be "god given", but god cannot protect us from the tyranny of men.

Re:Obama wins back the right to indefinitely detain under NDAA by flumbaps on Thursday July 18, 2013 @11:31AM (#6064267)
In the Hamdi v. Rumsfeld case, the SCOTUS ruled that US citizens have the right to due process. So that ruling actually sets a precedent for this law being unconstitutional.
Re:Obama wins back the right to indefinitely detain under NDAA by anon808 on Thursday July 18, 2013 @11:51AM (#6064418)
Men give us laws, 'God' gives us rights.

History is pretty clear that what's legal is not always what's right.

Re:Obama wins back the right to indefinitely detain under NDAA by madaxe on Thursday July 18, 2013 @12:04PM (#6064531)
But I'm guessing you'd say in the same breath that Wade v. Roe is unconstitutional, because it disagres with your politics?
Re:Obama wins back the right to indefinitely detain under NDAA by bobo1357 on Thursday July 18, 2013 @09:56AM (#6063616)
Which founding fathers were godless?
Re:Obama wins back the right to indefinitely detain under NDAA by lukifer on Thursday July 18, 2013 @10:45AM (#6063962)
More specifically, many were deists, which was culturally equivalent to atheism at the time. Jefferson even published a version of the New Testament with all mention of God or the supernatural removed.

http://en.wikipedia.org/wiki/Jefferson_Bible

Re:Obama wins back the right to indefinitely detain under NDAA by smackay on Thursday July 18, 2013 @10:30AM (#6063845)
Thomas Paine's deism was rather too godless for a lot of people's tastes, including Theodore Roosevelt.

http://atheism.wikia.com/wiki/Thomas_Paine

Re:Obama wins back the right to indefinitely detain under NDAA by pandaman on Thursday July 18, 2013 @10:30AM (#6063843)
Taking over a colony to appropriate its land and other resources != being principally against British colonialism.

The whole distinction between one element of a set and a whole set seems to be incomprehensible to modern liberals. E.g. the recent example of shooting an attacking black thug had been made an example of racism. Because, obviously, somebody who shoots a black person to protect his life is principally against the entire black race.

Re:Obama wins back the right to indefinitely detain under NDAA by tmuir on Thursday July 18, 2013 @11:14AM (#6064161)
"The whole distinction between one element of a set and a whole set seems to be incomprehensible to modern liberals."

Because obviously, one person with a certain ideological bent speaks for every person with that same ideology.

By the way, you should have spoken up if you knew unequivocally that the black thug was the attacker, especially when there was absolutely no evidence of that whatsoever, besides the testimony of accused. You could have really helped your guy's case.

Re:Obama wins back the right to indefinitely detain under NDAA by pandaman on Thursday July 18, 2013 @11:23AM (#6064202)
I've only brought up the recent events to show that it's not a singular case. The whole liberal community is engaging in this.

PS. As for your suggestion for me to speak up - luckily prosecution brought a witness who testified that TM had been attacking GZ, so no need for me to do the same.

Re:Obama wins back the right to indefinitely detain under NDAA by tmuir on Thursday July 18, 2013 @12:29PM (#6064679)
There are people of all sorts of political leanings that realize that the state's case was extremely weak because of the lack of hard evidence. Maybe that's because it isn't a political issue. I mean, how would you frame the question, if you wanted to glean a person's political affiliation from the single issue of Zimmerman killing Martin?

This square peg of a criminal case was jammed into the round hole of a political issue when Obama made his statement about if Trayvon was his son. Since there are millions of people in this country whose stances on various issues consist singularly of the opposing view of whatever Obama's view on the issue is, George Zimmerman became a conservative hero.

So to paint overreaction and the abandonment of logic and reason as a tenet of liberalism is downright ludicrous.

Re:Obama wins back the right to indefinitely detain under NDAA by xradionut on Thursday July 18, 2013 @08:28AM (#6063096)
The United States has become empire. We have the trappings of a democratic republic, but it's obvious that the law of the land is broken for those in power. No one should be surprised by this, it's evolution in action and the writing's been on the wall for years.
Re:Obama wins back the right to indefinitely detain under NDAA by mcantelon on Thursday July 18, 2013 @01:06PM (#6064940)
Obama's pretty obviously not steering the ship. He's a salesman for whoever is.

As for motivation, since 9/11 the course has been set to gradually implement a robust domestic counter-insurgence apparatus. So either the state anticipates otherwise unmanageable instability in the face of climate change, de-inustrialization, etc. or undemocratic changes are planned that could invite domestic insurrection.

The US is reportedly making plans for war with China (http://yalejournal.org/2013/06/12/who-authorized-preparation...), so that could be an effort requiring unprecedented austerity/authoritarianism.

Re:Obama wins back the right to indefinitely detain under NDAA by kunai on Thursday July 18, 2013 @02:13PM (#6065387)
AFAIK this has been happening since way before 9/11, now it's just picked up more pace. If you remember (I don't because I wasn't alive then) during Truman's presidency and up until around the 1990s, the U.S. consistently, without failure, used Communism as a scapegoat for instilling fear into the masses and making an international statement. It was only oh-so-convenient that Communist regimes tended to be oppressive -- Stalin, Mao, Khrushchev -- why not lead the public to believe ALL Communist regimes are that way?

Let's prevent freedom of thought, and lead the public to believe that while we actually feel threatened by the idea of communal sharing and the concept of Marxism, which we feel is harmful to the kickbacks that we receive from corporations to do what we want, Communism is actually just another word for an oppressive regime, and not a political concept derived by a highly intelligent German philosopher that has enormous benefits worldwide.

So, here's the plan: we invade 'Nam. If they're the first communist regime that actually works, the public will know we've been lying to them.

Shit, that didn't work. Okay, so there's this pretty harmless socialist dude running for office in Chile, let's call him a communist and make an example out of him. All right, let's get OUR candidate out, and-- HOLY SHIT, HE'S WON! We have succeeded. Even though Pinochet is an oppressive dictator and a mockery of democracy, let's keep him there anyway, because HE'S NOT COMMUNIST! Thank the lord. Thank, the, lord. Because he isn't communist, the public will never know that Chile is now oppressed!

So, reestablishing my point once again -- this has been going on long before 9/11, it's just that 9/11 has supercharged the process by giving the U.S. government a boost in doing so. There's a difference, though -- now we actually KNOW that the U.S. government is corrupt. It's no longer "you're with us or with the communists" or "you're with us or with the terrorists." What matters is how hard we push these people. The only way to do that is to educate. Mainstream media is a waste of time, and while Al Jazeera tends to be far more accurate and unbiased in its reporting, I don't know how well Americans will take to watching an Arabic-sponsored channel.

More high-profile names like Soledad O'Brien, and it should be enough.

Re:Obama wins back the right to indefinitely detain under NDAA by mcantelon on Thursday July 18, 2013 @03:19PM (#6065823)
Yeah, your characterization of it as an acceleration is more accurate. Some of the folks around during 9/11, Rumsfeld and Cheney, were long-time cold warriors and projects like Main Core precede 9/11.
Re:Obama wins back the right to indefinitely detain under NDAA by Systemic33 on Thursday July 18, 2013 @08:33AM (#6063119)
US is really the Roman Empire of our time. The bigger they are, the harder they fall.
Re:Obama wins back the right to indefinitely detain under NDAA by cmdkeen on Thursday July 18, 2013 @10:32AM (#6063854)
What's worrying is that it always strikes me as the Roman Empire in the last days of the Republic. Vast sums being spent to buy elections, a powerful few getting very rich off wars and the government grinding to a halt, unable to deal with the problems facing the nation.

Just before Caesar came along and get into a fight with the Senate. Congress' approval ratings are so low it really wouldn't take much for a powerful populist movement to challenge the constitutional makeup.

Re:Obama wins back the right to indefinitely detain under NDAA by diydsp on Thursday July 18, 2013 @04:49PM (#6066363)
The other scary thing is how the Roman Empire ended... IIUC (and that's a capital I, btw), a group of Visigoths penetrated the capital, killed a bunch of powerful rulers and left... the rest of the country couldn't handle itself and it led to the Dark Ages for centuries... The scary thing is how close the events of 9/11/2001 are to those very circumstances...

...Although a part of me fantasizes about the freedom which existed in Dark Ages....

Re:Obama wins back the right to indefinitely detain under NDAA by protomyth on Thursday July 18, 2013 @11:12AM (#6064145)
"Congress' approval ratings are so low it really wouldn't take much for a powerful populist movement to challenge the constitutional makeup"

You might want to check folks approval ratings of their own congressperson. The overall rating is horrid, but the "mine" is generally quite good.

Re:Obama wins back the right to indefinitely detain under NDAA by madaxe on Thursday July 18, 2013 @09:58AM (#6063621)
The empire never ended.
Re:Obama wins back the right to indefinitely detain under NDAA by cpursley on Thursday July 18, 2013 @10:44AM (#6063949)
Interesting. Please explain.
Re:Obama wins back the right to indefinitely detain under NDAA by jbooth on Thursday July 18, 2013 @10:53AM (#6064016)
After the administration was split (a few different ways were tried, settling on eastern/western halfs), the western half declined, failed to stop incursions from the Germanic tribes and eventually Rome was sacked a couple times.

The eastern half thrived, and even reconquered Rome and Spain, under Justinian. This was a continuation of the exact same government, no fall from power, just a loss of some territory. They lost Rome back fairly quickly and were controlling various parts of the Eastern Mediterranean, Eastern Europe, the Middle East and North Africa on and off until they entered terminal decline after 12-1300 or so, and Constantinople finally fell to the Turks, with the last Emperor dying in the battle in 1452.

Re:Obama wins back the right to indefinitely detain under NDAA by mitchty on Thursday July 18, 2013 @11:42AM (#6064349)
Whats somewhat sad about the western half of the empire is that the final 100-150 years were just riddled with things that were entirely avoidable and other stupidity like the treatment of the Gauls.

But they had a much harder time dealing with the huge influx of displaced Germanic tribes due to the (Mongols iirc?). The western half of the empire started down the road to things like castles and other behavior like large estates that directly fed into the middle ages. Diocletian and his division of things into dioceses also helped, but I think once they started down the path of dual Augustus/Caesar rule it was bound to fail due to the inevitable clashes of personality.

That said its a great story. A good overview of things is in the "History of Rome" podcast. http://thehistoryofrome.typepad.com/

Its long, but not as bad as The Decline and Fall of the Roman Empire. That book, the horrors.

Re:Obama wins back the right to indefinitely detain under NDAA by adventured on Thursday July 18, 2013 @12:34PM (#6064721)
It is obvious.

However, what you refer to as unwanted side-effects, are the entire point. Those side-effects, aren't side-effects, they're the goal. Obama is aggressively pursuing these powers, just as Bush did before him. It's not ignorance at work, or misplaced faith in the system; everybody at the top of the food chain understands exactly what this means.

You want to know what he's thinking? He's thinking the same thing every despot in history has thought. If this were 20 or 30 years into the future, with the way things are going, Obama would be a truly frightening monster. The next three or four presidents that come after Obama, are the ones to be afraid of; they'll start off right out of the gate with the kind of power the founding fathers would have understood to be the domain of kings and tyrants.

Re:Obama wins back the right to indefinitely detain under NDAA by tootie on Thursday July 18, 2013 @10:45AM (#6063959)
The appeals court opinion stated in no uncertain terms that the reason they ruled the way they did is that the plaintiffs had no standing since the statute unequivocally excludes American citizens or anyone captured on American soil. The AUMF basically just extends POW-type status to non-state actors (Al Qaeda and Taliban in particular) which makes perfect sense to me.
Re:Obama wins back the right to indefinitely detain under NDAA by brown9-2 on Thursday July 18, 2013 @09:57AM (#6063620)
Did the executive branch ask for this authority explicitly, or did Congress decide in it's own to grant it?
Re:Obama wins back the right to indefinitely detain under NDAA by maw on Thursday July 18, 2013 @10:00AM (#6063637)
If you want to influence someone, it helps to understand their motivations. I can't conceive of what Obama has in mind with pursuing this law against resistance.

http://www.youtube.com/watch?v=kNS4t5UCBfI. That's what.

Re:Obama wins back the right to indefinitely detain under NDAA by mkramlich on Thursday July 18, 2013 @10:54AM (#6064021)
> "CONGRESS GRANTED the president the authority

I'm repeatedly amused at how the first words of that sentence seem to be ignored by everybody who goes on to demonize Obama. (I made them bold for emphasis.) You almost never hear criticism or blame of Congress over this.

Re:Obama wins back the right to indefinitely detain under NDAA by anExcitedBeast on Thursday July 18, 2013 @01:38PM (#6065167)
There's also only one person who could single-handedly stop this from becoming law. And that one person, that one single point of failure who doesn't have a hive mind to hide behind, is Obama.

But to your point, congress certainly warrants equal rebuke.