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What could possibly go wrong?  Apparently, many in Congress are concerned.  They wrote and submitted this letter of concern.

There has been a decades long process prior to NDAA, steps taken prior to NDAA 2012 that, when viewed clearly indicate an unsettling trajectory designed to set the ground work for our worst nightmare:  The loss of our Constitutionally protected Civil Liberties or worse:  People who disagree with government policies and daring to speak out becoming indefinitely detained.

It is this clause that is most concerning to me, because it is vastly vague and can be used to encompass anyone:

persons who supported aggressive acts against the US.
And this clause:
“Nothing in this section shall be construed to affect existing law or authorities, relating to the detention of United States citizens, lawful resident aliens of the United States or any other persons who are captured or arrested in the United States.”
No one that I can find is listing what and who those "existing law or authorities" are.  That would require an analysis of them.  

I have done this below.  It wasn't that difficult for me to do because I have been digging into this and even reporting it here for years.  

When you see the WHOLE PICTURE, the context of NDAA 2012 becomes even more unsettling.

Intro

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In order to remind readers of how something that some see as NO BIG DEAL, I have included some Russian History.  WHAT I HAVE FOUND are some striking similarities, specifically the vagueness of law that set the stage in Russia for some 60,000,000 people to become indefinitely detained only to be released into the arms of death.  Few survived.

Perhaps people don't want to to know the truth.  Few can handle being shaken from their belief in the benevolence of the status quo.  I think this community can not only handle the facts, but will feel obligated to open others eyes as well.

That said, here are many of the government docs, those "laws in place" that have literally laid the ground work for rounding up US Citicizens deemed "terrorists".

But first the parallels between Russian History and ours:

Of course, we have no one like Stalin, however many are more than concerned about The Slippery Slope created by NOT prosecuting the detention and torture policies of the Bush Administration.  It seems these unchallenged policies continue and, even worse, are about to be unleashed on the citizens of the USA IN the USA.

Hey, I certainly want all the crazies that are contemplating causing mass destruction deterred.  Who doesn't?  However, if that means that people can be rounded up by military personnel (which will be called Homeland Response Units, details below) with no due process other than, hopefully, some evidence, and perhaps only on the word of another or a stupidly worded tweet, then I fail to see how such power won't deteriorate into a quasi-Gulag hell.

The human nature lessons from Nazi Germany and Stalin's Russia prove the potential for insanely heinuos injustice and cruelty are unleashed by Ideology.  

It's this blind attachment to an Ideology based on fear and/or hate that opens the gates of hell, annihilating the sense of shared humanity in order to JUSTIFY the annihilation of the ENEMY.  In short, declare the OFFENSE, declare the ENEMY, JUSTIFY retribution, unleash the legally mandated Ideologues, and give them free rein to imprison and interrogate the ENEMY.

86,000 Nazis were tried in Nuremberg.  ZERO Russian "Organs so-called" were tried after Stalin's power passed.  It is estimated that perhaps 250,000 Russians took part in the capture, torture, imprisonment, and banishment to the Gulag/Siberia/Archipelago.

Yes, there are equally ideological people that would like to blow the western world off the planet.  Why?  Because they are 100% attached to an Ideology of hate and/or fear, too.  

Oddly, the Interrogation Techniques signed off and approved by the Bush Administration read like those listed in the book, GULAG Archipelago, pgs. 82 - 89..  Astoundingly similar.  The physical abuse is ghastly; however, it is reported that the worst and most damaging is sleep deprivation.

In the case of Home Land security the definition of the ENEMY is both clear and not clear.  Clearly any/all either connected to or in support of Middle Eastern and/or Other known Terrorists groups are also deemed TERRORISTS and can be indefinitely detained or murdered/eliminated if overseas.

If the Indefinite Detention US Citizens who are IN the United States is passed, I have some confidence that those in the know, like the law team for ACLU, will make sure the scope of "Who Is Elligible for Indefinte Detention" is CLEARLY STATED.

What creates some muddy water for interpretation is language within some of the followng military and civil documents that depicts a need to respond to Civil Unrest.

The question that really needs to be cleared up is whether or not a peaceful protestor or a writer of blogs, facebook posts, and/or tweets that is CRITICAL of US domestic policies can be deemed an ENEMY also ripe for indefinite detention.

An understanding of history demonstrates some startling similarities that many have recognized:

UNITED STATES

We are protecting our homeland with Homeland Security.
The enemy is called Terrorist.
The threat is possible nuclear annihilation.
Known "crimes" of the Bush Administration were not investigated and prosecuted.  
Used the term Terrorist/Terrorism to justify new laws.
Patriot Act
Indefinite detention.
Military Civilian Labor Camps

The chronology of the torture issue, who, when, how the policy seems to have been adopted can be found here.  This is included because the Obama administration and Congress refused to investigate torture and indefinite detention:

Powell Told Bush "Don't Do It" on January 26, 2002

Obama wins the right to invoke “State Secrets” to protect Bush crimes

STALIN'S RUSSIA

Stalin's Russia was protecting their Motherland.
The enemy was called Enemy of the Worker.
The threat was disruptive or destructive descension.
The "crimes" of Stalin's regime, against millions of Russian people, were never investigated and tried.
Used the term Terrorist/Terrorism to justify new laws.
Russia had RSFSR Penal Code, Article 58
Indefinite detention.
Military Civilian Labor Camps.

Solzhenitsyn writes on page 139:

Yes, so-and-so many millions did get mowed down—but no one was to blame for it. And if someone pipes up: "What about those who..." the answer comes from all sides, reproachfully and amicably at first: "What are you talking about, comrade! Why open old wounds?"
Sound familiar?

LAWS THAT OPENED THE GATE FOR A DETERIORATION OF PROTECTIONS UNDER LAW

I would like to recommend reading this article by Bill Moyers:  The Patriots Dream – How Wall Street Occupied America BY Bill Moyers, because Moyers corroberates my concerns...well, OUR concerns.  

In his article he refers to The Powell Memo.  I highly recommnd reading both IN ORDER TO UNDERSTAND HOW WE GOT ONTO this erosion of the Constitution trajectory.

You will find links to both here:

1971  The Powell Manifesto

1996-Present: FBI Uses InfraGard to Train Private Citizens to Cooperate with Government, Potentially Enforce Martial Law

The Antiterrorism and Effective Death Penalty Act of 1996

The US  PATRIOT ACT and S. 1867

After July 11, 1997: CIA Obtains Domestic Call and Financial Information to Support ‘Black Ops’

February 2001 and Beyond: Three US Telecom Firms Cooperate With NSA Surveillance Program; Qwest Refuses

October 2001: NSA Creates Massive Database of US Citizens’ Phone Calls

October 23, 2001: Justice Department Memo Says Bush Has Power to Order Military Strikes inside US

October 4, 2001: Justice Department Issues Secret Opinion Regarding Interrogation Techniques

November 23, 2004: Congress Slips Patriot II Provision into Intelligence Spending Bill

HOW DID WE GET TO THIS POINT RE:  Deterioration of Rights Under Law

These are official military documents.

April 17, 2002 - USNORTHCOM

As authorized by President George W. Bush April 17, 2002, the Department of Defense (DoD) announced the establishment of U.S. Northern Command (USNORTHCOM) to consolidate under a single unified command those existing homeland defense and civil support missions that were previously executed by other military organizations
2004 - The State Department creates the Office of the Coordinator for Reconstruction and Stabilization (S/CRS)  
These capabilities and procedures include adequate planning mechanisms for stabilization and reconstruction operations, efficient interagency coordination structures and procedures in carrying out such tasks, and appropriate civilian personnel for many of the non-military tasks required.
June, 2004 -  State Department awards Blackwater a sole-source contract. Blackwater was ultimately paid $488 million.

January 14, 2005 - Army Regulation 210–35

Installations
Civilian Inmate Labor Program

SUMMARY of CHANGE - This rapid action revision dated 14 January 2005--

     o Assigns responsibilities to Headquarters, Installation Management Agency
(para 1-4j).

     o Makes administrative and editorial changes (throughout).

This new regulation dated 9 December 1997

     o Provides Army policy and guidance for establishing civilian inmate labor programs and civilian prison camps on Army installations.

     o Discusses sources of Federal and State civilian inmate labor.

February 2005, General Richard B. Myers, Chairman of the Joint Chiefs of Staff, cited the creation of S/CRS as “an important step” in helping “post- conflict nations achieve peace, democracy, and a sustainable market economy.”

June 2005 report of the

Congressionally-mandated Task Force on the United Nations, chaired by former Speaker of the House of Representatives Newt Gingrich and former Senate Majority Leader George Mitchell, recommended that the United States strengthen S/CRS and that Congress provide it with the necessary resources to coordinate with the United Nations. (ibid)
December 7, 2005,
President Bush issued a presidential directive intended to improve conflict-response coordination among executive branch agencies. This document, National Security Presidential Directive (NSPD) 44, is entitled “Management of Interagency Efforts Concerning Reconstruction and Stabilization.” NSPD-44 supersedes PDD-56 (Ibid)
January, 2007 - State of the Union address, President Bush
called for Congress to work with his Administration “to design and establish a volunteer Civilian Reserve Corps.” Included in the Administration’s February 4, 2008, budget request for FY2009 is a $248.6 million Civilian Stabilization Initiative that seeks to establish that corps.
August, 2007 - U.S. Police in Peace and Stability Operations Report.  

What we are learning is that "What is invented in Iraq comes home."  We will see this unfold.  However, it seems that a need for a National Police Force trained for crowd and riot control was expressed in 2007, interestingly as the economy is collapsing.

• The United States lacks civilian constabulary (gendarmes) or other national police forces specially trained for crowd and riot control. Instead the U.S. relies on civil police provided by commercial contractors that do not perform this function.

•    Fortunately the U.S. government is taking steps to address this deficiency.

Current State Department plans call for creation of a Civilian Reserve Corps that would have a police component.

February, 2008 the Bush Administration
requested $248.6 million for its “Civilian Stabilization Initiative” (CSI), which rolled into one its request for funds for continued operations of S/CRS, funds for a 250-member interagency Active Response Corps and a 2,000-member Standby Response Corps, and a 2,000-member Civilian Reserve Corps, and money for deployment of experts.
September 30, 2008 - Brigade homeland tours start Oct. 1
But this new mission marks the first time an active unit has been given a dedicated assignment to NorthCom, a joint command established in 2002 to provide command and control for federal homeland defense efforts and coordinate defense support of civil authorities.

They may be called upon to help with civil unrest and crowd control or to deal with potentially horrific scenarios such as massive poisoning and chaos in response to a chemical, biological, radiological, nuclear or high-yield explosive, or CBRNE, attack.

October 1, 2008 - NON-LETHAL weapons training began.  (Same article)

June 11, 2009 - The Global Peace Operations Initiative: Background and Issues for Congress

June 18, 2009 - CERFP: Remember the name in a disaster

“It was actually developed after a capability gap was looked into years ago on a national level,” she said. “That gap was that we needed to provide mass decon and extraction capabilities for both military and civilian populations in the event of a (use of Weapons of Mass Destruction) or a natural disaster. That’s the void that this team fills.”
July 14, 2010 - DoD, Guard establish eight Homeland Response Force units

What's a HOMELAND RESPONSE FORCE UNIT?  This is spelled out here by Homeland Security.  However, what isn't made clear is that Homeland Response Force Units will be directed by DOD's Northern Command (NorthCom).  So, in essence, Posse Comitatus can be sidestepped by a name change from CERFP to Homeland Response Force Units which are defined by a string of additional acronyms.

Department of Defense Homeland Response Force (HRF) Fact Sheet

An exploration of all the acronyms within the above DHS Fact Sheet can fill another diary.  Will update later.

How do we know that Homeland Response Force Units will probably be under the control of NorthCom and not the State Governors?  

It is stated in PUBLIC LAW 111–383—JAN. 7, 2011    124 STAT. 4137, Subtitle E—Homeland Defense and Civil Support, SEC. 1041. LIMITATION ON DEACTIVATION OF EXISTING CON- SEQUENCE MANAGEMENT RESPONSE FORCES, Subsection (c) REPORT REQUIRED.—

(1) IN GENERAL.—Not later than 90 days after the date
of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on plans of the Department of Defense to establish Homeland Response Forces for domestic emergency response to incidents involving weapons of mass destruction.

     (2) ELEMENTS OF REPORT.—The report required by this subsection shall include the following:

     (E) A description of the command and control arrange-
ments proposed for the Homeland Response Forces, including a description of the degree to which the Homeland Response Forces would be subject to the direction and control of the Department of Defense, as compared to the Governor of the State in which they are located.

December 29, 2010 = Department of Defense DIRECTIVE NUMBER 3025.18 - Defense Support of Civil Authorities (DSCA)
This support includes loans of arms; vessels or aircraft; or ammunition. It also includes assistance under section 382 of Reference (d) and section 831 of title 18, U.S.C. (Reference (ab)); all support to counterterrorism operations; and all support to civilian law enforcement authorities in situations where a confrontation between civilian law enforcement and civilian individuals or groups is reasonably anticipated
.

March 4, 2011 - Peacekeeping/Stabilization and Conflict Transitions: Background and Congressional Action on the Civilian Response/Reserve Corps and other Civilian Stabilization and Reconstruction Capabilities

Because that pace stressed the U.S. military, many policymakers believed that the United States must create and enhance civilian capabilities to carry out the peacebuilding tasks that are widely viewed as necessary for stability and reconstruction in fragile, conflict-prone, and post-conflict states.
This is from the White House, Office of the President

August 3, 2011 President Obama

   

Sadly, the threat of violent extremism in America is nothing new.

Throughout our history, misguided groups—including international and domestic terrorist organizations, neo- Nazis and anti-Semitic hate groups—have engaged in horrific violence to kill our citizens and threaten our way of life.

Most recently, al-Qa’ida and its affiliates have attempted to recruit and radicalize people to terrorism here in the United States, as we have seen in several plots and attacks, including the deadly attack 2 years ago on our service members at Fort Hood.

As a government, we are working to prevent all types of extremism that leads to violence, regardless of who inspires it.

December, 2011 - "Strategic Implementation Plan for Empowering Local Partners to Prevent Violent Extremism in the United States"  
A complex issue like violent extremist radicalization and recruitment requires a nuanced path to guide a whole-of-government approach. The SIP outlines this path and facilitates a division of labor by assign- ing responsibilities between Federal Government departments, agencies, and components focused on law enforcement and national security and those whose efforts support, but do not directly lie within, these areas.
 
MEANWHILE, The Military Industrial Complex, financed by Bank of America has been really busy since 2005.  Wall Street now has its own armies, etc.

Chronology:

2005 - 2009 General Tommy Franks, who led coalition into Afghanistan and Iraq, sat on the board of Bank of America.

"Tommy Franks' experience managing large, very complex operations and logistics will be invaluable," said Chairman and Chief Executive Officer Ken Lewis. "This, coupled with his ability to develop strategy and lead others, makes him an ideal director for a corporation of our size and complexity."
As we all know, the Military and the Federal Government use lots of private contractors.  The potential for profits was not lost on private equity firms.

The following PRIVATE CONTRACTOR TRANSACTIONS have transpired in 2010:

2010 Bank of America finances sale Blackwater/Xe, Xe's Aviation Division, and Dyncorp.  All three are military contractors on a large, even controversial scale.

March, 2010 Blackwater/Xe Sells Aviation Division for $200,000,000

That division has a fleet of 58 aircraft, many of which are used under U.S. government contract in Afghanistan.

AAR Chairman and CEO David P. Storch said in a statement that the market for government aviation "represents a tremendous growth opportunity."

August, 2010 - Eric Prince moves his family to Abu Dhabi
“He needs a break from America,” said one colleague, speaking only on the condition of anonymity about Mr. Prince’s long-rumored move.
December, 2010 Blackwater/Xe Sold for about $200,000,000
Dean Bosacki, Managing Partner of Manhattan, said, “Xe is an absolutely unique asset, and is recognized as ‘best in class’ by many of the Company’s elite customers. We are excited to complement the Company’s management team who are committed to professionalism and ethical conduct wherever the Company operates.”

This change of ownership does not affect the previously announced Consent Agreement between Xe and the U.S. Department of State's Directorate of Defense Trade Controls.

As part of the agreement, Wendy Wysong, a partner at Clifford Chance LLP, will continue to serve as Special Compliance Officer for the Company and will oversee the export compliance program at Xe.

Bingham McCutchen acted as legal counsel to USTC Holdings and the Chertoff Group in collaboration with Avascent Group performed strategic due diligence on USTC Holdings’ behalf.

Financing for the transaction was led by Bank of America Merrill Lynch.

Bank of America helps finance sale of Dyncorp  

DynCorp was sold by one Private Equity Firm to Another Private Equity firm, financed by Bank of America, CitiBank, Barclays, and Deutsche.  Veritas sold DynCorp to Cerberus. Check.  Done. April, 2010

For fun, Cerberus was a ‘mythological’ giant dog that guarded the gates of Hades. No one escapes him.

May 4, 2011 - Blackwater’s New Ethics Chief: John Ashcroft

SO, WHAT IS A TERRORIST?

Who is capable of making sure Congress, in the unfathomable complexities of law making regarding Homeland Security, doesn't make it possible for a Protester or Blogger to be swept up in an INDEFINITE DETENTION situation.

It can happen here!

It happened to Bradley Manning.  Ok, he was in the military but his treatment has been very harsh.

Which is another reason I am very concerned.  

We are on a very slippery slope, if history is prescient.

There are trust issues.  Do we trust our government and our rule of law?

Additional Agencies that are watching for terrorists:

1996-2008: FBI Uses InfraGard to Train Private Citizens to Cooperate with Government, Potentially Enforce Martial Law

INFRAGARD started as a FBI pilot program in OHIO (1996)

At its most basic level, InfraGard is a partnership between the Federal Bureau of Investigation and the private sector. InfraGard is an association of businesses, academic institutions, state and local law enforcement agencies, and other participants dedicated to sharing information and intelligence to prevent hostile acts against the United States.
<
a href="http://www.infragardphl.org/resources/InfraGard_History.pdf">After September 11, 2001 NIPC expanded its efforts to include physical as well as cyber threats to critical infrastructures. InfraGard’s mission expanded accordingly.

In March 2003, NIPC was transferred to the Department of Homeland Security (DHS), which now has responsibility for Critical Infrastructure Protection (CIP) matters.

May, 2007 - USIP Options for Police in a U.S. Civilian Reserve Corps

COPS - Justice Department

COPS — the Office of Community Oriented Policing Services is the office of the U.S. Department of Justice that advances the practice of community policing in America’s state, local and tribal law enforcement agencies. COPS does its work principally by sharing information and making grants to police departments around the United States.
NOW HEDGE FUND MILLIONAIRES are Funding Online Primary For 'Independent' White House Run

What could possibly go wrong?  Apparently, many in Congress are concerned.  They wrote and submitted this letter of concern.

I also recommend reading Matt Taibbi's article

Indefinite Detention of American Citizens: Coming Soon to Battlefield U.S.A.

Here's the Bill that Rolling Stones cites:  112TH CONGRESS 1ST SESSION II - Calendar No. 230 - S. 1867

Matt Taibbi ends his article, cited above, with

"A few years ago, that would have sounded like a hysterical question. But it just doesn’t seem that crazy anymore. We’re turning into a kind of sci-fi society in which making it and being a success not only means getting rich, but also means winning the full rights of citizenship. I hope I’m wrong, but I don’t see this ending well."
QUESTIONS NOT ADDRESSED IN NDAA 2012:

What part, if any, could S. 1867 resemble Stalin's Russian Law:  Article 58 (RSFSR Penal Code) which is the law that allowed Stalin's "Organs" (men and women comfortable with using extreme torture) to round up innocent people, place them in indefinite detention while they were interrogated and tortured, forced into bogus confessions and accusations about others, and then shipped to the Archipelago to work in labor camps?  The Organs had monthly quotas to fill, so anyone and everyone was at risk of being rounded up.  Millions were and millions died.  No one was ever prosecuted for this dark time.

Could the US enroll enough people to slip down this slippery slope?  Most of the Russian Organs faced torture, the labor camps, and death themselves if they didn't comply with orders to arrest and torture.  Many were happy in their roles as interrogators and torturers.

Where in the NDAA or any law, that condones indefinite detention of American citizens by the military, are TERRORISTS concisely defined and what acts are clearly defined as those of TERRORISM.  And where can we find the Northern Command (NorthCom) instructions that specifically deal with American Citizens IN the USA.  S. 1867 is a reference, but lacks specifics.  

FOR THOSE OF YOU INTERESTED IN LEARNING HOW 60,000,000 were indefinitely detained for decades, you can peruse GULAG Archipelago.  

I HAVE TO BE HONEST.  I am half way through an abridged version of GA.  I am astounded because it almost seems like BushCo used this book to design their "torture techniques"  The similarities are just too stark.

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