The Militant Libertarian

I'm pissed off and I'm a libertarian. What else you wanna know?

Wednesday, September 21, 2005

The Backdoor to Military Rule in America

by Jacob G. Hornberger
From The Future of Freedom Foundation:

Aaron's note: The following is from the libertarian think tank The Future of Freedom Foundation. It illustrates what is happening in our nation today - indeed, what has been going on for several years now - and shows why you should not forget the name Jose Pedilla.

The FFF is not a conspiranoid website, a kooky group advocating the alien's links to King Arthur, or whatever else you'd think a story with a title like this would be coming from. The FFF is a respected, known, and admired group which has won awards from groups such as Congressman Ron Paul's Liberty Committee.

The article here is very important and should be read by all. The precepts given are simple and make perfect sense without using scare tactics to convince you. If it helps you to believe this by applying blame to a group or person (such as Bush, the Jews, my mom, or whatever), then by all means, do so if it makes you feel better. The reality is the same. There are those who are changing our nation into a fascist state. These people must be whatever means necessary.

Without any doubt, the most dangerous threat to the freedom of the American people in our lifetime lies with what might be called the Padilla doctrine, an exercise of such raw military power that, if upheld, will totally transform life in America as we know it. Unfortunately most Americans remain blissfully unaware of the ominous implications of this doctrine.

On May 8, 2002, Jose Padilla, an American citizen, flew from Pakistan to Chicago's O'Hare International Airport, where he was taken into custody by federal agents as part of the U.S. government's "war on terrorism." Initially held as a "material witness," Padilla was transferred to New York, where he was assigned an attorney.

Soon thereafter, however, federal officials removed Padilla from the jurisdiction of the federal court and transferred him to the control of the Pentagon. Moved to a naval brig in South Carolina, Padilla was held indefinitely as an "enemy combatant" in the "war on terrorism" and denied the right to consult with his attorney, the right to due process of law, and the right to trial by jury.

The government's position was that since Padilla was a prisoner of war (that is, a part of the "war on terrorism") — and an "illegal combatant" at that — there was no reason to accord him the rights and guarantees that the Constitution requires the government to accord criminal defendants. The Pentagon also maintained that it could hold Padilla for as long as the "war on terrorism" lasted, even if that was forever.

One of the legitimate functions of government is to arrest, prosecute, and punish people who commit acts of violence against others. Thus, over time an array of criminal offenses has developed within the criminal-justice system that encompasses such acts as murder, rape, theft, robbery, burglary, trespass . . . and terrorism. The idea is that if a person commits violent acts against others, it is the duty of the state to punish him.

However, the obvious question arises: How do we really know that the person has truly committed the offense with which he is charged?

Obviously, one option would be to leave the matter up to federal officials. We could simply place our blind faith in their good judgment, trusting them to punish only the truly guilty and to leave everyone else alone.

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