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Visual and Performing Artist, Human Rights Activist, Arts Educator, Non-aligned Observer

Dissenters on the Endangered List?

I have been working on a memorial painting/installation for the victims of the Argentian "Dirty War." Up to 30,000 Argentians were "dissappeared" between 1976 and 1983 in a systematized action that is now qualified as state terrorism. Many of the prime players have recently been arrested, tried and sentenced but this does not undo the horrific years, the lives lost, the families ruined and the long term effects of a culture of fear.

During the process of researching this work, reading through the lengthy files of the CONADEP report, I have been impressed that the military junta in power during that time period "sold" the abductions, the torture, the incarceration and eventual executions — as "a war on terror." The victims, people from numerous walks of life, mostly young people, were guilty of little more than attending political rallies ... if that. Perhaps they has expressed displeasure with the administration or knew someone who did. In a word, at most, they were dissidents ...

The history is appaling and one wonders that such actions could be carried out so brazenly and with impunity. Why would the populace allow such a complete departure from justice? How could normal people become so care-less, let alone merciless? How can countrymen torture and kill fellow countrymen and feel justified in these actions?

Scroll forward to present day America, the land of freedom. Free speech being among the most sacred. Most of us may have never heard of NDAA. We live in a world of acronyms and, like phone numbers, there are way too many to commit to memory.

The National Defense Authorization Act is a federal law that specifies the expenditures and budgets of the U.S. Department of Defense. On Dec. 31, 2011, President Obama signed the act into law and it included some very alarming provisions. The Writ of Habeus Corpus is a writ (as distinct from right) that essentially guarantees that an accused person can request that a jailer produce a court order informing him or her as to why he is being detained. It is the provision by which we are able to demand a fair trial with a jury.  Infringement on this writ was one of the fomenting factors of the American Revolution.

Citizens, legal residents and foreign visitors may request this writ from a judge. All are entitled to due process, including a fair trial before a jury of their peers. Congress may suspend the writ only "when in cases of rebellion or invasion, the public safety may require it."

Members of belligerent armed forces are subject to military law and are not covered by the Writ of Habeus Corpus ... provided they were captured in the theater of war. Citizens and lawful aliens may NOT be locked up without the writ if they are apprehended outside of the theater of war. Sections 1021 and 1022 of the NDAA apparently make it lawful for a person to be locked up without knowing why and "without trial until the end of the hostilities" (a vague date indeed).

If the Supreme Court ruled to overturn the incarceration, and they likely would, it still could take years for the person to move through the existent legal process to gain freedom. I am not a constitutional scholar, and I am not a paranoid nut, but this law furthers the groundwork for the sort of extra judicial punishment that is evidenced in repressive fascist states. As I read it, anyone the government decides is a threat to the safety of the public, may be arrested and imprisoned, indefinitely, without even explanation as to why ... and without a trial ... until "hostilities" are over.

Since the new "theater" of war has become the entire planet (Global War on Terror), the hostilities never need end.

I hope I am over reacting. If not, and to the extent I am onto a potentially huge invasion on our rights as citizens ... we may be seeing the last days of a land of the "Free" and the people who dare to speak up will indeed be "The Brave."

Now, a bit more than a decade into the twenty-first century, apparently, major legislation in our own country is undermining our right to dissent. I would like you to read this article on the tenth ammendment and specifically on the NDAA section pertinent to this issue.

Then post comments.

 

Jeff

11:29 pm on Wednesday, August 22, 2012

Dissenters are certainly on a list of some sort. You are not over reacting. The NDAA of 2012 is how you describe it.
Check out a related speak/thought police story here:
http://www.fox19.com/story/19346944/reality-check-us-marine-held-in-a-mental-hospital-against-his-will-even-though-he-has-committed-no-crime
A marine vouches for him here: http://www.youtube.com/watch?v=xbFQe9Fz9Dg

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Brian Carlson

7:44 am on Thursday, August 23, 2012

Jeff, the link is a useful addition to the thread. Thanks. I have been very impressed by the courage of the Vets Against the Iraq War to stand up and tell us what is going on over there. As I said... "The Brave".

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mau

2:34 pm on Thursday, August 23, 2012

Get this straight, the war in Iraq is over. Remember? Obama ended it. Just like he closed Guantanamo Bay by executive order.

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Keith Schmitz

3:20 pm on Thursday, August 23, 2012

Let's spike that myth. Obama doesn't have the votes in Congress to close it. And yes, combat operations are over in Iraq. Get the memo?

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mau

6:08 pm on Thursday, August 23, 2012

The president signs an Executive Order not Congress. Congress can overturn an executive order or agreement with the vote of two-thirds of both the Senate and House of Representatives. Since most members of Congress will vote along party lines, however, it is extremely difficult to overturn a Presidential policy.

Lyle Ruble

6:45 am on Thursday, August 23, 2012

Who couldn't have seen this coming. In 2001, when President Bush declared the War on Terror, the handwriting was on the wall. The NDAA must be challenged and brought to a close. This is truly an argument of the "slippery slope" coming to fruition. Our right to dissent is so fundamental that infringement is a "MAJOR LOSS" of our freedom of speech.

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Brian Carlson

7:56 am on Thursday, August 23, 2012

Who will challenge it Lyle? Most of us don't even know this legislation exists let alone what consequences may arise. Most respondents our blogs are unhappy, to say the least, with the government...some splitting right...some left (and a few over and under.) With minor tweaking, if any is needed, we can be detained indefinitely without knowing why and with no trial. call us the "t" word and anything done to such prisoners can be done to us. We have state terrorism...another Argentina...Columbia..Guatemala..etc. This sounds like a stretch but we have seen Vice Presidents refer to water boarding as "a little water in the face," we are not out of Guantanamo as promised, the current campaign is definitely global.... And, historically we have supported dictators, even replacing democratically elected leaders with such despots. If it smells like a fish....it probably is?

J. B. Schmidt

7:17 am on Thursday, August 23, 2012

@Brian
Great piece and I admire your research and bringing this matter light. As I read the article I was thinking how this week the media has dedicated the majority of their broadcast time to the stupid Todd Akin story rather than produce actual news. As the article states, "Contrast this crucial debate in a federal court with the empty campaign rhetoric and chatter that saturate the airwaves. The cant of our political theater, the ridiculous obsessions over vice presidential picks or celebrity gossip that dominate the news industry, effectively masks the march toward corporate totalitarianism."

Unfortunately, the bill was well supported by both parties when you look at the break down in votes.

I don't think that a piece of legislation such as this would truly lead to the indefinite detention of US citizens; however, the slow deterioration of the Constitute is what in the end will destroy the US.

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Keith Schmitz

7:29 am on Thursday, August 23, 2012

And thoughtful comments on your part JB.

But bear in mind, whose the leading support behind this march to corporate control of our government?

The Tea Party.

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GearHead

7:46 am on Thursday, August 23, 2012

@Schmitz: what does the Tea Party have to do with this, being we stand for limited government and upholding the Constitution? Methinks a much greater threat is the Executive-Orderer-In-Chief who routinely trashes the Constitution. Making thousands of dissenters disappear is the province of the dictator. But hell, why worry about that stuff when you can get "free" ObamaCare?

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Brian Carlson

8:04 am on Thursday, August 23, 2012

Thank you JB. The media are illusionists...adept at mis-direction. I am beginning to think the whole two party game has evolved into a puppet show. Clearly campaign promises are largely smoke and mirrors...the trick being to gain keys to the office. But as I research who runs these guys, or who "brings them"....the corporate sponsorship...as I look into the available numbers these overlords profit from their investments....the elections look like a Punch and Judy show, set up onthe sidewalk to entertain the children while the adults do business in some nearby smoky room.

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Michael McClusky

11:22 am on Thursday, August 23, 2012

Corporations rarely think about the long term consequences of their actions. They are not great thinkers. Since they are currently running the show, i figure that we are headed for eventual anarchy.

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mau

2:38 pm on Thursday, August 23, 2012

@J.B Schmidt, hidden in the name-calling/gossip campaign, is the fact that there are now in excess of 2000 US soldiers killed in Afghanistan. Remember this was Obama's war though they all keep finger pointing at Bush. It was Obama's goal to assassinate Bin Laden. It was Obama who was finger pointing that he was to blame for 9-11. Now he's finger pointing at Syria about chemical weapons. It this going to be another stash of "weapons of mass destruction".

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Keith Schmitz

3:23 pm on Thursday, August 23, 2012

Because Gearhead, without corporate support, there would be big bus tours, direct mail blasts, paid staffers. The Tea Party is to grassroots like Velveeta is to cheese.

I hate seeing the bogus revolutionary war posturing when in fact these people are proving to be Tories to the corporations.

We all respect the Constitution and what did Obama issue? One executive order vs the blizzard issued by Bush. You have standing.

Your rambling pal. Not playing with a full deck as usual?

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mau

6:01 pm on Thursday, August 23, 2012

President Obama has signed 135 Executive Orders since he took office. President Roosevelt is the King of Executive Orders followed up by President Clinton. President George W. signed 291 in 8 years.

http://1461days.blogspot.com/2011/01/what-presidents-have-used-executive.html

http://1461days.blogspot.com/2009/01/current-list-of-president-obamas.html

What is dangerous about the executive privilege is what it is used for.

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Keith Schmitz

7:45 pm on Thursday, August 23, 2012

Like what Mau? Looking out for your self-interest?

Brian Carlson

8:13 am on Thursday, August 23, 2012

Kieth, while agree that the Tea Party vies for the forefront of the Corporatocracy Parade.... guys like Soros certainly suggest that strings from this modern Olympus trail to dancers on both ends of the fence. The current Presidents zeal to throw back the gates to drone and robotic warfare and his willingness to attack sovereign nations with the same and without declaration of war, further paints these folk as versions of the same image.

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mau

2:41 pm on Thursday, August 23, 2012

There is no difference between the 2 parties. They are both taking this country to the same end game, just at different speeds and directions. The only one who stood out against all this garbage was Ron Paul. And look what both parties and the media did to silence him.

Brian Carlson

8:27 am on Thursday, August 23, 2012

GH... Koch Bros to AFP to Tea Party......... Follow the money. This is an "AstroTurf" movement, the flag-wavers are mostly passionate well meaning citizens, but the controllers and purse holders are the very elitist club the movement purports to protest. It's another puppet show. We have to ALL start peeking behind the curtains.

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mau

2:44 pm on Thursday, August 23, 2012

You have the controllers and purse handlers on the left just as much if not more. The difference is the left incites violence and hate on the ground. Where the TEA Party is a peaceful movement. There may be a handful on the right but they are so far right that they blend in with the anarchists on the left. There is no difference between the radical far left and the far right other than the beliefs they fight for.

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Keith Schmitz

3:25 pm on Thursday, August 23, 2012

Tea Party is a peaceful movement? Good thing they don't have metal detectors at rallies. The Democrats marginalize their radicals. In the GOP the radicals now run the thing.

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meg

11:19 am on Thursday, August 23, 2012

so what? it is their money and their right to express themselves, I find it rather odd and fascist that you want to take away both their property(money) and their means of free speech.

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mau

2:49 pm on Thursday, August 23, 2012

"President Obama took aim at the Kochs’ political network."

Ironic when he has his hand out to the Chicago Mob (Rezko) and the likes of the socialist Hollywood Elite.

So Koch is evil and the Rockefeller, Kennedy, Soros....... dynasties are not?

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Keith Schmitz

3:28 pm on Thursday, August 23, 2012

"I find it rather odd and fascist that you want to take away both their property(money) and their means of free speech."

Their "free speech" is smothering ours. You see meg, if you read history, fascists are the one's who accumulate property, and if you notice in this country it is being done at our expense.

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Keith Schmitz

3:31 pm on Thursday, August 23, 2012

You really aren't able to pick up on distinctions can you may?

Soros, the Kennedys, Buffett and others are smart enough to recognize that when not just a select few prosper, we all prosper. As far as the Hollywood types and even sports figures, they don't get rich by making others poor. That's the big difference.

As far as your Rezko fixation, he hardly has the money the Brothers Grimm have. The Kochs are the eighth and ninth richest people in the world, depending what day it is.

Brian Carlson

11:27 am on Thursday, August 23, 2012

Meg... Not sure who you are speaking to or about here. Please clarify.

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Brian Carlson

11:33 am on Thursday, August 23, 2012

If you mean the Koch Bros.... Well,they can do what they want with their money, within the law, but I brought them up when gear head seemed to suggest the the tea party was not pro-corporation.

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meg

1:06 pm on Thursday, August 23, 2012

my husband and I are incorporated within our business model so I guess I am pro-corporation as well.

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Jay Sykes

1:35 pm on Thursday, August 23, 2012

I don't think just operating as a corporation is a negative or evil; I too, operate my bushiness as corporations'. Unfortunately the word corporation, as its being tossed about, is becoming a pejorative. One needs to delineate and clarify further. The the more tightly defined term for the activity of 'buying or undue influencing of government favors and/or legislation is 'crony-capitalism'.

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Keith Schmitz

3:33 pm on Thursday, August 23, 2012

You're right Jay, it needs to be defined. There are corporations like Costco that are not in the smash and grab mode. Then there are others that are run like mob families.

But hey. Us progressives know the difference. Wish the right possessed that subtly of mind.

Brian Carlson

1:33 pm on Thursday, August 23, 2012

Meg, let me clarify. I am talking about multibillion-dollar multi-national corporations who have vested interests in nasty things like....perpetual war and perpetual reconstruction.... Not mom and pop shops.

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Keith Schmitz

3:33 pm on Thursday, August 23, 2012

And really, mom and pop shops have more in common with working people. Sad thing is many of these people get caught up in the whitewashing.

Brian Carlson

2:57 pm on Thursday, August 23, 2012

Yes Jay... As I said to Mau... I am talking about the huge corporations that have the power to essentially buy these political offices for people who then kowtow to their agendas. Not all corporations... Not small ones. Big money is required for one thing.... The presidency or a spot in congress is not cheap. But to those who may think this is nonsense.... ask yourselves... "Where do the trillions go when we have a ten year war?" Certainly the soldiers re not handsomely paid. So, who profits? Why do drug companies and energy companies make out like bandits when the economy is in the tank? Etc. Then, "Who is stuffing the political war chest of my favorite candidate and what do they do to make money?". If you cant ask and answer these things honestly then you simply don't give a damn. maybe you are satisfied with your lifestyle and the fact that it depends upon the suffering of others, or supports it, means nothing to you. (Not singling anyone out here...we all pay taxes into this system.)

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meg

2:58 pm on Thursday, August 23, 2012

Better yet ask all of the employees of Oshkosh Truck, and their families who puts food on the table.

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Keith Schmitz

3:38 pm on Thursday, August 23, 2012

Let's blast some myths about defense spending http://tinyurl.com/8tob8oy.

And really using the workers as human shields when there are executives making millions is bogus.

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meg

3:58 pm on Thursday, August 23, 2012

okay Keith Schmitz, I hope you enjoy taking food from the mouths of the Oshkosh workers children.

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Keith Schmitz

7:41 pm on Thursday, August 23, 2012

Once we start cutting this defense spending we'll see better jobs for more people. As much as I like Oshkosh Truck, defense spending is not a good use of our money and Oshkosh can make trucks for other purposes from what I know about this country -- repairing our D-rated infrastructure.

Brian Carlson

3:14 pm on Thursday, August 23, 2012

Mau....I have mentioned Soros. We got off on tea party backers but Soros is a huge power and prime example of puppet mastering. It is challenging to weed through this sort of influence, particularly when it is intentionally disguised as it typically is, under the masks of patriotic, grass roots sort of organizations.

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mau

5:51 pm on Thursday, August 23, 2012

Agreed. We both see the same thing from both sides. Problem is not enough do. The TEA Party movement was grassroots. To be honest I was not comfortable with it when it was hijacked. But I think there are still some local groups who truly believe in their cause. But that is the same with any organization that they get taken over, politicized and polarized.

To be honest I don't see a politician from either party who I really feel is looking out for the good of the country. If they want to go up the ladder they have to sell their soul for the money.

David Tatarowicz

6:01 pm on Thursday, August 23, 2012

@Brian You started this thread with some historical review of what happened in Argentina. Unfortunately, there are many histories that should alert us to keep our guard up -- but I think the main problem we as humans have, is that we are overly consumed with the here and now, and don't learn from past lessons.

I am more of a Liberal than a Conservative --- but that does not mean I am not paranoid about things that our government does, and has done, both under Liberal and Conservative Leadership.

We should think of government as akin to having a pitbull for protection. Nice to have around, but be careful it doesn't turn on you.

We have now had the precedent of an American citizen arrested in the United States, and being kept in Guantanamo with NO charges and no habeas corpus !!

We should all be very afraid of something like that happening.

Both the War on Terrorism and the War on Drugs are excuses that the government mis-uses for police purposes --- I wonder how long before the Citizens wake up !!

There are some good points in both the Liberal and the Conservative ideology --- but we also have to thank God for the Libertarians and the Second Amendment,

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Brian Carlson

6:13 pm on Thursday, August 23, 2012

Thanks David....many good thoughts. I like the point about both liberal and conservative ideology having some merit. However, if both sides are co-opted by powerful funding sources....it doesn't matter much what you or I think. We need to protect, zealously, our right to speak freely... Our right to dissent. Apparently, not many of are aware that that right hangs by a thread right now... The tenth amendment is the one I am concerned about.

Michael McClusky

6:17 pm on Thursday, August 23, 2012

Neither party has a legitimate claim for what is right for the country. They both are looking out for themselves and their corporate sponsors. There is no fixing it without election reform and term limits.

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Brian Carlson

6:18 pm on Thursday, August 23, 2012

Mau, one thing it's used for recently is attacking sovereign nations without congressional approval or a declaration of war. This would be inarguably illegal, but the "hedge" is that armies are not going in...it's drones! No matter that humans pilot them remotely (still) and no matter that many civilians are killed.

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mau

3:39 pm on Friday, August 24, 2012

FYI off topic but another example of how Obama's interests and actions are for the elitist ruling class. it seems Obama is picking up where Clinton left off. Regulating and controlling our food supply.

"In 2009, in a classic revolving-door move, President Barack Obama appointed former Monsanto VP and head lobbyist Michael Taylor as Deputy Commissioner for the FDA — the board tasked with regulating Taylor’s own industry."

"Obama has appointed Monsanto chief lobbyist as senior advisor to the commissioner of the FDA. This is the same man that was in charge of FDA policy when GMO's were allowed into the US food supply without undergoing a single test to determine their safety. He had been Monsanto's attorney before becoming policy chief at the FDA [and then] he became Monsanto's Vice President and chief lobbyist. This month he became the senior advisor to the commissioner of the FDA. He is now America's food safety czar."

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Brian Carlson

8:23 pm on Thursday, August 23, 2012

After the legislation cleared Congress, the ACLU commented that signing the bill “will damage both his legacy and American’s reputation for upholding the rule of law,” while executive director of the Human Rights Watch blasted the President for being ‘on the wrong side of history,’ noting that “Obama will go down in history as the president who enshrined indefinite detention without trial in US law.”
Presidential candidate Ron Paul went even further, declaring that the NDAA bill begins the official establishment of martial law in the United States (see video).w

Brian Carlson

8:33 pm on Thursday, August 23, 2012

“The language which precluded the application of Section 1031 to American citizens was in the bill that we originally approved…and the administration asked us to remove the language which says that U.S. citizens and lawful residents would not be subject to this section,” said Levin, Chairman of the Armed Services Committee.
Senator McCain also told Rand Paul during a hearing on the bill that American citizens could be declared an enemy combatant, sent to Guantanamo Bay and detained indefinitely, “no matter who they are.”

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Brian Carlson

8:41 pm on Friday, August 24, 2012

Mau... Yes off topic but if that's true...it is a great example of collusion. Monsanto is spraying coca crops in the drug wars, and the overspray hurts villagers with legal crops. head of the FDA? Great...now we can all sleep safely. Topic for another blog.

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mau

2:23 pm on Sunday, August 26, 2012

Again, this is FYI. Up to this point we still have quite a diverse selection of garden seed. You can still purchase Heritage seed and save your own for your own use. In fact the US has quite stock pile of seed. And Seed Saver's Exchange has kept this practice going. But if Monsanto and other seed producers have their way, that will be a thing of the past. My brother who is a farmer told me what a problem it is already to buy corn and soy bean seed from other sources.

http://www.usatoday.com/money/industries/food/2009-12-14-monsanto-practices_N.htm

http://www.organicconsumers.org/articles/article_21049.cfm

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