Posting Date
February 28, 2007
By JACON G. HORNBERGER
... Historically, the U.S. military has lacked the power to arrest, incarcerate, or inflict harm on American civilians. If Americans committed a federal crime, they were subject to being indicted by a federal grand jury and then prosecuted in U.S. District Court. The Bill of Rights guaranteed that the accused would be accorded certain rights of due process of law, such as the right to defend himself with the assistance of an attorney, to confront the witnesses whose testimony the prosecutors were relying on, to summon witnesses in his behalf, to remain silent, and to have a trial by jury. Everyone was presumed to be innocent and the government had to prove the defendant’s guilt beyond a reasonable doubt.
Those constitutional protections and guarantees were upended on 9/11, without even the semblance of a constitutional amendment. On 9/11 the president and the Pentagon assumed to themselves the power to take any American into custody and inflict violence on him, without according him any of the protections provided by the Bill of Rights. Today, the Pentagon has the authority, on orders of its commander in chief, to send American soldiers into any neighborhood in the country and take into custody any American citizen and inflict harm on him simply by labeling him an “enemy combatant” in the “war on terror." ...
The CIA and the Pentagon assumed the authority to kidnap, capture, arrest, torture, “rendition,” and execute suspected terrorists all over the world. There were a few indictments, prosecutions, and convictions for terrorism in federal court, such as that of 9/11 conspirator Zacarias Moussaoui. But for the vast majority of foreigners U.S. officials picked up for terrorism, there was torture, indefinite incarceration, and in some cases extra-judicial executions. Sometimes the torture occurred at the hands of U.S. personnel. Other times, the torture was outsourced (“renditioned”) to police or intelligence forces of brutal, but friendly, foreign regimes ...
So it’s not surprising that they chose someone like Jose Padilla as their test case, rather than some middle-class high-school principal who was a member of Rotary. Federal officials knew that Americans would feel no sympathy for Padilla, especially after the U.S. attorney general went on television and announced that Padilla was planning to explode a nuclear bomb in the United States ...
http://www.swnewsherald.com/online_content/2007/02/022807ov_hor_pentagon.php
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