NDAA Section 1021

Literally volumes have been written about section 1021 of the NDAA, breaking it down into constituent parts, explaining how its verbiage might be interpreted and applied. It’s all very compelling stuff. Links to several such articles from respected sources are provided below.

However, we submit to you that there are actually only eight significant words in NDAA section 1021, the rest are inconsequential.  Those words are “Detention under the law of war without trial.”  This is widely believed to mean “detain indefinitely without due process.”  The rest is just filler, or perhaps distraction, but it changes nothing.

If a single set of circumstances can be defined whereby the government has the authority to detain even one person indefinitely without due process, effectively it has authority to detain anybody indefinitely without due process, under any circumstances! 

No matter how narrow or specific those defined circumstances may be, no matter how many restrictions and/or qualifiers are stated, it is due process that provides a detainee with access to the courts.  It is due process that places the burden of proof, beyond and to the exclusion of a reasonable doubt, on the prosecution. It is due process that applies checks and balances, to prevent abuses of executive power, and provide recourse when it occurs.  It is due process that would make those circumstances meaningful!

Without due process it’s game over from the start for the accused, authorities are free to accuse anyone of anything without any proof whatsoever.  Evidence is only meaningful if someone in authority will examine it. Without due process, the accusation is the proof.

The founding fathers designed the constitution specifically to preclude this level of authority from ever being defined — it is the hallmark of tyranny.  A bypass around due process is absolute, it can and will be used whenever and against whomever may be convenient.  There is no such thing as a limit or restriction on absolute power; any appearance of such is merely an illusion

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