http://www.crisispapers.org/essays-p/gotta-give.htm
Ernest Partridge, Co-Editor
The Crisis Papers
January 8, 2005
Few Americans appreciate that five of the ten articles of the Bill of
Rights specify the individual's protections from abuses of law
enforcement and prosecution:
the Fourth (restricting searches and seizures),
the Fifth (no self-incrimination, no confinement without indictment,
no double jeopardy, right to due process),
the Sixth (right of accused to be given statement of charges, to
confront accusing witnesses, and to have benefit of counsel),
the Seventh (right to trial by jury), and
the Eighth (no excessive bail or fines, no cruel or unusual
punishment).
Nowhere in the Bill of Rights are we instructed that these rights
apply only to citizens of the United States.
All of these guarantees have been violated, by executive order of the
President, in the case of detainees seized in the "war on terror" and
held in various prisons abroad, in Guantánamo Bay, and within the
United States.
In addition, these incarcerations are in violation of the Geneva
Conventions, which have the status of United States law.
These violations continue, despite a ruling of the Supreme Court that
they be discontinued.
And now we have just learned that the Administration is claiming the
right to hold these wretches for life, without charge.
We've heard the excuses for these outrages:
"But these people aren't citizens, they are terrorists -- Arab
soldiers in the Al Qaeda army."
Non-citizens?
Consider the American citizen, Yasir Hamdi.
Arab non-citizens?
Consider the Hispanic (Puerto Rican) citizen, Jose Padilla.
And who is a terrorist?
Apparently, anyone whom the President or the Attorney General
designates a terrorist.
Remember, the Bill of Rights applies to all persons, whether or not
they are citizens.
Still feel safe?
True, they haven't come after ordinary dissenting citizens -- not yet.
But keep in mind the warning of Martin Niemöller:
"In Germany they came first for the Communists and I didn't speak up
because I wasn't a communist. Then they came for the Jews and I didn't
speak up because I wasn't a Jew. Then they came for the trade
unionists and I didn't speak up because I wasn't a trade unionist.
Then they came for the Catholics and I didn't speak up because I was a
Protestant. Then they came for me - and by that time, there was no one
left to speak up."
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Harry
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