Tag Archives: habeas corpus

Hitler’s National Security Courts…and Ours..

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Jacob Hornberger of the Future of Freedom Foundation notes that when people ask for a national security court in the US, they are unwittingly following in the footsteps of Adolf Hitler:

“Hitler established the People’s Court after the terrorist bombing of the German parliament building, the Reichstag. After a trial in a regularly constituted German court, many of the people charged with that terrorist act were acquitted, which, needless to say, outraged Hitler as much as it would have outraged current U.S. proponents of a national security court. After all, Hitler argued, those people who were acquitted were terrorists — otherwise they wouldn’t have been charged and prosecuted — and, therefore, they deserved to be convicted and punished, not acquitted and released.

To ensure that terrorists and other criminals were never again acquitted, Hitler established the People’s Court. Like the national security court that some Americans are now advocating for the United States, the purpose of the court was to create the appearance of justice while ensuring that terrorists and other criminals were convicted and punished.

Proceedings before the People’s Court would easily serve as a model for U.S. advocates of a national security. The trial of Hans and Sophie Scholl was over in less than an hour. Criminal defense lawyers were expected to remain silent during the proceedings, and did so. Defendants were presumed guilty and treated as such. Hearsay was permitted, as was evidence acquired by torture. There was no due process of law. Confessions could be coerced out of defendants. The judges on the tribunal would berate, humiliate, convict, and then swiftly issue sentences, including the death penalty.”

Hornberger points out that Hitler’s regime also included all those kinds of welfare programs that are admired today in America (public schooling, social security, national health care, public-private partnerships, the military industrial complex, the Interstate highway).

Hornberger doesn’t make the point explicitly, but the two things –  popular acceptance of gross violations of law and morality and the rapid expansion of the welfare state – go together. Bluntly, people “sell” their consciences because of the advantages dangled before them.

In “Hitler’s Beneficiaries: Plunder, Racial War, and the Nazi Welfare State,” respected historian of the Third Reich, Goetz Aly of the Fritz Bauer Institut in Frankfurt, suggests that the Nazis had German popular support all through their “final solution” – not because of wide-spread terror or wide-spread anti-Semitism, but because they’d bribed the population with a generous welfare state and “bennies.”

The Draconian Senate Bill 3081…

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Another terrifying piece of legislation is in the works. The Senate Bill 3081, “Enemy Belligerent Detention, Interrogation, and Prosecution Act of 2010,” has been introduced by Senator Joseph Lieberman (I-CT) and Senator John McCain (R-AZ), says Gary Barnett at Lew Rockwell.

“Sec. 2. Placement of Suspected Unprivileged Enemy Belligerents in Military Custody.

  1. MILITARY CUSTODY REQUIREMENT.?Whenever within the United States, its territories, and possessions, or outside the territorial limits of the United States, an individual is captured or otherwise comes into the custody or under the effective control of the United States who is suspected of engaging in hostilities against the United States or its coalition partners through an act of terrorism, or by other means in violation of the laws of war, or of purposely and materially supporting such hostilities, and who may be an unprivileged enemy belligerent, the individual shall be placed in military custody for purposes of initial interrogation and determination of status in accordance with the provisions of this Act. (all emphasis mine)

In addition, any individual initially captured or who in any manner comes under effective control of the U.S., may be held, interrogated, or transported by any U.S. intelligence agency and placed into military custody. With the establishment of “Interrogation Groups,” which is authorized by this Act, and composed of personnel in the Executive Branch, each person captured or held may be designated as a “High-Value Detainee.” One of the criteria for determining if one is to be designated as “high value,” should the obvious ones fail is: “Such other matters as the President considers appropriate.” This is of course so broad in nature that virtually anyone can be detained if deemed necessary by just one man’s authority. Any individual who is suspected of being an unprivileged enemy belligerent will not be provided Miranda or otherwise be informed of any rights. In addition, they “may be detained without criminal charges and without trial for the duration of hostilities.” Given that the so-called “War on Terror” may never have an end; this by design, you can see how horrendous this legislation truly is. Add to this other legislation that is already in place, and the probability that with any civil unrest or natural disaster Martial Law could now be not only implemented but “legally” administered; there is a very real and dangerous risk to any of us who won’t submit fully to the state.”