Constitutional experts: pro-life ‘terrorists’ could be permanently detained without trial under law
by Ben Johnson
Wed Jan 04, 2012 11:44 EST
WASHINGTON, D.C., January 3, 2012 (LifeSiteNews.com) – Constitutional experts warn a new law that allows the president to permanently detain U.S. citizens without trial could be used against pro-life activists, who have already been defined as potential terrorists in documents by some government agencies, including the Department of Homeland Security.
“This law can apply to pro-lifers, yes,” said John W. Whitehead, a constitutional attorney and founder of The Rutherford Institute. Whitehead told LifeSiteNews.com the National Defense Authorization Act for Fiscal Year 2012 (NDAA) “would allow the military to show up at your door if you’re a ‘potential terrorist,’ and put you in military detention where seeing a lawyer is difficult.”
The NDAA, which President Barack Obama signed on December 31, allows the president to hold enemy combatants in military detention facilities without trial until the end of hostilities, if the person “substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners.” The law allows the president to determine which groups may be considered terrorists without judicial or congressional oversight, although Secretary of Defense is required to “regularly brief” Congress about “covered persons.”
Sen. Carl Levin, D-MI, said the Obama administration specifically asked senators for the power to permanently detain American citizens without trial and to “remove the language which says that U.S. citizens and lawful residents would not be subject to this section.”
Although Section 1022 states, “The requirement to detain a person in military custody under this section does not extend to citizens of the United States,” many contend the law allows detention as an option for Americans captured abroad. Glenn Greenwald of Salon summarized, “For foreign nationals accused of being members of Al Qaeda, military detention is mandatory; for U.S. citizens, it is optional.”
Dana Cody, president and executive director of Life Legal Defense Foundation, said pro-life activists “already are classified as domestic terrorists on some FBI lists.” She said that on one occasion the manager of a Kansas City, Kansas, abortion clinic slammed her client, Mary Ann Sause, to the ground and told the peaceful pro-life demonstrator he was photographing her license plate so he could report her to the FBI.
Cody, who told LifeSiteNews.com her organization is currently studying the NDAA, added that the law states “enemy territory is anywhere.” The Senate rejected an amendment from Dianne Feinstein limiting permanent detention to those captured “abroad.”
“If it’s within the discretion of the government under the National Defense Authorization Act, of course it will be used by the government to intimidate and silence pro-life people, especially those who are in the public forum,” Cody said.
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