Chris Hedges and other plaintiffs try in vain to keep the Obama military machine in check, even as the government claims the right to snatch and grab anyone on earth without DUE PROCESS OF LAW…
Fighting the Militarized State
If Section 1021(b)(2) is not struck down by the Supreme Court it will effectively overturn nearly 150 years of case law that repeatedly holds that the military has no jurisdiction over civilians. A U.S. citizen charged by the government with “substantially supporting” al-Qaida, the Taliban or those in the nebulous category of “associated forces” will be lawfully subject to extraordinary rendition on U.S. soil. Arrested citizens will languish in military jails, in the language of Section 1021(b)(2), until “the end of hostilities.”
This obliteration of the right to due process and a fair hearing in a court of law, along with the mass surveillance that has abolished our right to privacy, will be the legal foundation of our militarized, corporate state. Judge Forrest warned in her 112-page opinion that whole categories of Americans could, under this law, be subject to seizure by the military. She drew parallels between Section 1021(b)(2) and Korematsu v. United States, the 1944 Supreme Court ruling that supported the government’s use of the military to detain 110,000 Japanese-Americans in internment camps during World War II. Our case offers the court an opportunity, as several lawyers have pointed out, to not only protect almost 150 years of domestic law that forbids the military to carry out domestic policing but to repudiate the shameful Korematsu decision.
May as well add unaccountable torture, unlimited surveillance and show trials to the list of citizen grievances against Obama Incorporated.
PS
Hedges continues on Breaking the Set, mentioning totalitarianism.