Sen. McCain’s S.3081 would eliminate several Constitutional protections allowing Government to arbitrarily pick up Americans on mere suspicion—with no probable cause. Your political opinions and statements made against U.S. Government could be used by Authorities to deem you a “hostile” “Enemy Belligerent” to cause your arrest and indefinite detention.
Considering how often Sarah Palin defends Free Speech, one can’t help wonder why Palin is helping McCain’s reelection to the U.S. Senate after he introduced possibly the most anti-Free Speech Bill in Modern U.S. History? Perhaps Palin or her Tea Party supporters haven’t considered that McCain’s legislation could be used by government to crush them. Tea Parties might question Palin whether she supports Sen. McCain’s bill the “Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010.” (S.3081)
Under S.3081, an “individual” need only be Suspected by Government of “suspicious activity” or “supporting hostilities” to be dragged off and held indefinitely in Military Custody. Government will have the power to detain and interrogate any individual without probable cause. Government need only allege an individual kept in detention, is an Unprivileged Enemy Belligerent suspected of; having engaged in hostilities against the United States or its coalition partners; or has purposefully and materially supported hostilities against the United States or its coalition partners. How could one prove to Government they did not purposely do something? “Materially Supporting Hostilities” against the United States could include any person or group that spoke out or demonstrated disapproval against an agency of U.S. Government. It is foreseeable many Americans might go underground to Resist Government Tyranny. Definition for Unprivileged Enemy Belligerent: (Anyone Subject to a Military Commission)
At least under the Patriot Act, law enforcement generally needed probable cause to detain a person indefinitely. Passage of S.3081 will permit government to use “mere suspicion” to curtail an individual’s Constitutional Protections against unlawful arrest, detention and interrogation without benefit of legal counsel and trial. According to S.3081 Government is not required to provide detained individuals U.S. Miranda Warnings or even an attorney.
S.3081 if passed will frighten Americans from speaking out. S.3081 is so broadly written, it appears any “individual” who writes on the Internet or verbally express an opinion against or an entity of U.S. Government or its coalition partners might be detained on the basis he or she is an “unprivileged enemy belligerent”, “supporting hostilities against U.S. Government.”
How might Americans respond should Government use this bill to take away their loved ones, family members and friends on mere suspicion? It is foreseeable McCain’s bill will drive lawful political activists underground, perhaps creating the domestic terrorists McCain said we needed to be protected from.
McCain’s bill mentions “non-violent acts" supporting terrorism in the U.S. and or emanating from America against a Coalition Partner. Non-violent terrorist acts" are covered in the Patriot Act to prosecute Persons that support “coercion to influence a government or intimidation to affect a civilian population.” However, U.S. activists and individuals under S.3081 would be much more vulnerable to prosecution, if (charged with suspicion) of “intentionally providing support to an Act of Terrorism”, for example American activists cannot control what other activists might do illegally—they network with domestically and overseas. Under the Patriot Act, law enforcement generally needs probable cause to detain or prosecute someone. But under S.3081, law enforcement and the military can too easily use (hearsay or informants) to allege “suspicious activity” to detain an individual. It is problematic under S.3081 that detained individuals in the U.S. not involved in terrorism or hostile activities, not given Miranda Warnings or allowed legal counsel will be prosecuted for ordinary crimes because of their alleged admissions while in military custody.
Historically it is foreseeable under S.3081 that "erroneous informant information" will be used to detain innocent Individuals. Other countries have used lying informants to imprison; even execute political opposition.
Notably, McCain’s S.3081 mandates (merging) Federal, State and Local Police and subsequently the U.S. Military to detain and hold Individuals in the U.S., even without probable cause. Interestingly a Rand Report prepared for the Army, recently made public, appears to suggest that U.S. Government develop a Local, State and Federal "National Police Stabilization Force” (merging) State law enforcement with the Feds. What could happen to State Rights and what Laws and Jurisdiction would be used to prosecute state residents arrested by a National Police Stabilization Force? A National Police Force could potentially be sent by the President into any State with the approval of its governor, against the wishes of its Citizens? To clarify the Rand Corporation report visit:
It should be expected under S.3081 that government would use an individual’s phone call and email information to allege without probable cause “suspicious or hostile activity against the United States to detain Americans.” It does not appear U.S. Government will stop wiretapping Citizens' electronic communications.
Just recently Pres. Obama's signed Executive Order EO 12425 that put INTERPOL above the United States Constitution. Obama’s Executive Order authorized INTERPOL to act within the United States without being subject to 4th Amendment Search and Seizure laws. It would appear INTERPOL may now tap American phones and emails without a warrant. And that U.S. Police can use INTERPOL to circumvent the Fourth Amendment to arrest Americans and or forfeit their property by bringing INTERPOL into a criminal or civil investigation. Government can too easily take an innocent person’s hastily written email, fax or phone call out of context to allege “suspicious activity” under S.3081 or that a crime or violation was committed to cause an arrest or Civil Asset Forfeiture.
See McCain Senate bill S.3081 at: