Non-Allegiance will get you arrested

According to informationliberation.com, the new torture legislation that passed 65-34 in the Senate contains information that damages the fabric of our civil liberties. This clearly reminds me about the Articles of Allegiance mentioned in the movie, V for Vendetta.

Now informationliberation is a well known liberal site, so some may feel they could be exaggerating about the legislation, but I do need to note the following to you.

This 80-page legislation, known as the Military Commissions Act of 2006, passed the House 253-168 on the 27th of September, and was introduced to the Senate on the same day. It suffered a setback when several senators led by John McCain opposed the legislation regarding the definition of Article III of the Geneva Conventions. Eventually, a compromise was reached and was heralded by the opposing senators and the administration as a "breakthrough" for human rights.

Yet, our politicians failed to mention about other aspects of this legislation.

In section 950J, it would criminalise any challenge to the legislation's legality by the Supreme Court or any US court.

"No court, justice, or judge shall have jurisdiction to hear or consider any claim or cause of action whatsoever, including any action pending on or filed after the date of the enactment of the Military Commissions Act of 2006, relating to the prosecution, trial, or judgment of a military commission under this chapter, including challenges to the lawfulness of procedures of military commissions under this chapter."

Sub-section 27 of Section 950V states:

"Any person subject to this chapter who with intent or reason to believe that it is to be used to the injury of the United States or to the advantage of a foreign power, collects or attempts to collect information by clandestine means or while acting under false pretenses, for the purpose of conveying such information to an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished by death or such other punishment as a military commission under this chapter may direct."

Subsection 4(b) (26) of Section 950V includes the following definition:

"Any person subject to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished as a military commission under this chapter may direct."

As for the Geneva Conventions, the legislation states:

"No person may invoke the Geneva Conventions or any protocols thereto in any habeas corpus or other civil action or proceeding to which the United States, or a current or former officer, employee, member of the Armed Forces, or other agent of the United States is a party as a source of rights in any court of the United States or its States or territories."

It has been alleged that Attorney General Alberto Gonzales has been threatening federal judges not to try to stop the legislation through lawsuit or injunction.

These sections of this legislation are clearly open to interpretation but if abused, can be used to declare open season on US citizens who are not in "perfect" allegiance to Bush and the USA.

It could be even possible for the government to declare a citizen of the US to be an "enemy combatant" without due process and protections guaranteed under the Bill of Rights. What we thought could happen only to foreign citizens / detainees can now happen to US citizens and legal residents.

Can it be true that we now need to pledge allegiance to the President instead of the flag or the freedoms for which it stands? Is it true that any diversion from our allegiance will result in arrest, torture, and conviction in a military tribunal, not in a court of law?

Bush recently cited the National Strategy for Combating Terrorism, which even labels conspiracy theorists as terrorist recruiters.

One last thing, the definition of being a terrorist now includes destruction of any property, violent activity near a designated "protected" building, illegal occupation of property and theft.

It's pretty scary. I even wonder if making this information public is indirectly helping the enemy. Could any of the conservative folks take a look at the sections above in the legislation and make the same conclusion?

It's time to ask questions, and it's time to ask them now. It is our duty to probe any piece of legislation that is being considered by this administration and this Congress. Who knows what other things are buried in the hundreds or thousands of pages of red tape our politicans have passed over the years.

Status

Since the bill was different in the Senate than in the House, the latter will vote on accepting the Senate version of the legislation, and pass it to President Bush for his signature.