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Robert Scheer

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There Goes the Republic

Posted: 12/15/11 05:31 AM ET

Once again the gods of war have united our Congress like nothing else. Unable to agree on the minimal spending necessary to save our economy, schools, medical system or infrastructure, the cowards who mislead us have retreated to the irrationalities of what George Washington in his farewell address condemned as "pretended patriotism."

The defense authorization bill that Congress passed and President Obama had threatened to veto will soon become law, a fact that should be met with public outrage. Human Rights Watch Executive Director Kenneth Roth, responding to Obama's craven collapse on the bill's most controversial provision, said, "By signing this defense spending bill, President Obama will go down in history as the president who enshrined indefinite detention without trial in US law." On Wednesday, White House Press Secretary Jay Carney claimed "the most recent changes give the president additional discretion in determining how the law will be implemented, consistent with our values and the rule of law, which are at the heart of our country's strength."

What rubbish, coming from a president who taught constitutional law. The point is not to hock our civil liberty to the discretion of the president, but rather to guarantee our freedoms even if a Dick Cheney or Newt Gingrich should attain the highest office.

Sadly this flagrant subversion of the constitutionally guaranteed right to due process of law was opposed in the Senate by only seven senators, including libertarian Republican Rand Paul and progressive Independent Bernie Sanders.

That onerous provision of the defense budget bill, much discussed on the Internet but far less so in the mass media, assumes a permanent war against terrorism that extends the battlefield to our homeland. It reeks of a militarized state that threatens the foundations of our republican form of government.

This is not only a disaster in the making for civil liberty but a blow to effective anti-terrorist police work. Recall that it was the FBI that was most effective in interrogating al-Qaeda suspects before the military let loose the torturers. Under the newly approved legislation, that bypassing of civilian experts will be codified as a routine option for a president.

As The New York Times editorialized, the bill "would take the most experienced and successful anti-terrorism agencies--the F.B.I. and federal prosecutors--out of the business of interrogating, charging and trying most terrorism cases, and turn the job over to the military." Not only has FBI Director Robert Mueller III opposed this shift in the law, but so has Defense Secretary Leon Panetta, who previously ran the CIA.

What's alarming is not just that one pernicious aspect of the defense spending bill, but the ease with which an otherwise deadlocked Congress that can't manage minimal funding for job creation and unemployment relief can find the money to fund at Cold War levels a massive sophisticated arsenal to defeat an enemy that no longer exists.

Throwing $662 billion, plus hundreds of billions more in non-Pentagon "security" programs, at what that other great-general-turned-president, Dwight Eisenhower, condemned as the "military-industrial complex," with its tentacles in every congressional district, is an act of absurdity in a world bereft of a serious military challenge to the United States. Not even the best-funded terrorists can afford aircraft carriers.

There is simply no militarily significant enemy in sight, yet we spend almost as much on our armed forces as the rest of the world combined, and are already ludicrously superior in military might to any rogue power, like Iran, that might threaten us. The hawks who attempt to justify Cold War levels of spending on advanced weaponry by reviving "Red China" as a formidable enemy are undermined in their argument by China's sharply limited regional force projection. The real leverage that China exercises over U.S. policy options is not military but rather economic and derives precisely from the fact that we have gone into debt to those same communists in order to fund our irrational military spending.

Military spending is rationalized with patriotic froth, but it is driven by the unfortunate fact that it is the most reliable source of government-funded profits and jobs. It is an obviously inefficient use of resources as a means of lifting the overall economy compared with building infrastructure and training workers for the jobs of the future, but don't count on Congress or the president to change that dynamic anytime soon. The White House's five-year projection of defense spending aims not at the one-third budget cut initiated by the first President Bush in response to the end of the Cold War, but at a "flattening" of military expenditures between 2013 and 2017.

We had every right to expect President Obama to stick to his word and veto this bill, not as a means of forcing a much needed bigger cut in government waste, but more urgently because its assault on the Constitution's requirement of due process represents a direct threat to the freedom of the American people every bit as menacing as any we face from foreign enemies.

 
 
 
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HUFFPOST SUPER USER
swimmer249
11:34 PM on 12/19/2011
You can thank authors Sen. Carl Levin and Sen. John McCain for this un-American bill.
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Djay0252
American First, Second, and ALWAYS
08:33 AM on 12/16/2011
Americans will soon know what the Russian people must have felt when Stalin began his purge.
06:56 PM on 12/15/2011
So millions are cheated out of their own jobs and homes--but, hey, they have the right to indefinite detention without trial! There's a place for everyone in the new America.
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HUFFPOST COMMUNITY MODERATOR
myzenthing
05:46 PM on 12/15/2011
We may have killed Osama Bin Laden. But he has the last laugh. We've ruined our economy and destroyed most everything that once made this country great. All in pursuit of, as Scheer says, an enemy that doesn't even exist anymore.
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Miranda Wrietz
Freedom isn't Free - Ask a SuperPAC
05:31 PM on 12/15/2011
They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety. Benjamin Franklin

Our government no longer finds itself bound by the US Constitution. I am afraid that I may no longer be able to support or vote for a president who cannot follow the rules of our nation.
HUFFPOST SUPER USER
mantra
07:44 PM on 12/15/2011
".....deserve neither and will lose both". And that's what we are witnessing right now.
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HUFFPOST SUPER USER
powercosmic
The Anti-Christ
05:28 PM on 12/15/2011
The purpose of this law is clear, to me anyways.

The Oil Lobby wants protection from the American people and, unless stopped, they shall have it.

It will soon be apparent "why" they should want to be able to silence the American people, to be able to label anyone they want a "terrorist"

By about 2015, oil should start to be rather expensive and the average American is going to find it difficult to maintain their standard of living in the face of some rather austere conditions, I would expect that anyone not in the business of controlling the public will have little access to petroleum fuels that are not rationed and consequently any measure of security from police or law enforcement. Basically the 1% are better off with you dead.

That is why this law is so important, as is the Patriot act...
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HUFFPOST SUPER USER
Junaid Noori
05:26 PM on 12/15/2011
What I'm really upset about is when politicians object to these laws, they're considered "fringe" candidates. The media is so influential in determining what is right and wrong, I sometimes think I myself might be a loon for not supporting our bipartisan foreign policy.

I really think it's sad that there's only one candidate in this next election in both parties that is strongly against this policy, which is Ron Paul. I want to hear more high ranking Democrats (there have been a few) not be afraid to say, "Mr. President, the war in Afghanistan and Iraq is over. We have to stop with these insane policies. We are the greatest economic and military super power, for crying out loud!!"

Also, as David Kopel documents,

“it was the Obama administration which told Congress to remove the language in the original bill which exempted American citizens and lawful residents from the detention power,” on the ground it would unduly restrict the decision-making of Executive Branch officials. In other words, Obama officials wanted the flexibility to militarily detain even U.S. citizens if they were so inclined, and are angry that this bill purports to limit their actions.
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SocratesSiddhartha
"Poverty is the worst form of violence." Gandhi
07:13 AM on 12/16/2011
Yes, but where's the part where you attack women and engage in misogyny as per usual.
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MacTheCat
They only pass laws they intend to use
04:51 PM on 12/15/2011
What think tank or lobby group wrote this--since we know it was written in secret and never debated in committee???

Who stand to make the most from the same tactics that a german guy used back in the 30's?
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HTooley
keeper of the tower
04:51 PM on 12/15/2011
It took a rich president to give us Social Security.

It took a southern president to give us the Civil Rights Act

It took a military president to warn us of the Military Industrial Complex.

It took a constitutional scholar president to destroy one of the foundations of our constitution.

The irony is very very rich. So rich that it is sickening to my stomach.
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MacTheCat
They only pass laws they intend to use
04:43 PM on 12/15/2011
All those who voted for those two unconstitutional sections in this bill--Indefinite Detention, and use of Military as police on our streets--have themselves violated their own sworn oath to support and defend the Constitution.

You know what they would make them in the eyes of the Founders, don't you???
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HTooley
keeper of the tower
04:53 PM on 12/15/2011
Real Estate Agents? I mean, heck, isn't time to have the military quartered in our homes now?
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MacTheCat
They only pass laws they intend to use
05:00 PM on 12/15/2011
OMG--that's funny. At least you are one who understands where that law came from and how important it once was. I'd laugh but I need to wipe away my tears at the loss of my country first.
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HUFFPOST COMMUNITY MODERATOR
jrmarsh
04:42 PM on 12/15/2011
I find this hard to defend, I can't really but there must be some things we don't understand. I do know the world has changed, we now have an insider threat from American citizens who are linked to outside terrorist groups. Terrorism tactics have changed, evolved if you will, and I can only imagine that this is a response to those changing tactics.
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HUFFPOST SUPER USER
hjalmar
May the dawn soon come.
05:04 PM on 12/15/2011
",,,but there must be some things we don't understand­."

The main thing to understand, jr, is that this country has, in fact, been taken over by an international group of b@nkster/terror1sts who will brook no opposition to their cr1minal endeavors. They control all 3 branches of the US government, the military, the media and the money. Take a real hard look & you'll see.
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HUFFPOST SUPER USER
onemoreonce
04:20 PM on 12/15/2011
Constitutional problems( and there are many) aside, in principle this is one of the most un-American things to ever come out of the congress. It may even surpass the Patriot Act in this regard. Every representative and senator who voted for this bill violated their oath to preserve and protect the Constitution. They have become the domestic enemies of liberty. Every American who hears of this should bow his head and weep for this betrayal, then raise it again and get very, very angry.
SapientiaAudit
Tempus Dicit, Sapientia Audit.
04:27 PM on 12/15/2011
F&F! Spot on.
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zogimperator
is this microbiology?
04:17 PM on 12/15/2011
What we have now is simply government by middlemen. There's no vision, no belief in anything, just a plodding determination to keep the machine running by one half of the system, and on the other side a group equally determined to shut the thing down. So neither side cares if we lose a few freedoms, as long as the system keeps running, or breaks down, according to their lights.

It's terribly sad and frightening.
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HUFFPOST SUPER USER
Tom Pumroy
practical dreamer-artist Man Ray
04:11 PM on 12/15/2011
And the stinking root behind it all, that particular thing that if followed leads invariably to most of the ills we see developing large, heartlessly brutal and shameless is?????? Who could have foreseen?
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03:36 PM on 12/15/2011
All the pieces have been put in place over the last 40 years to strip away our constitution a little at a time so as not to make it noticeable by the masses till it is too late to change the police state they have been setting up.
If the citizens of our country finally decide they have had enough, martial law will be declared when the uprisings start and blood of our own citizens will be spilled on our streets en mass.
Free country? Think again. Our media is controlled. Our politicians are bought off. Our rights have been stripped, and our laws ignored. Our country is no better than the ones our Gov condemns.