"a fundamental miscarriage of justice created by the unconstitutional denial of the right to counsel, the right to remain silent, the right to be free from arbitrary, let alone indefinite detention, and the right to a day in court." Unfortunately, too often "legitimacy and justification take a back seat" to expediency and the political climate of the times.
As a result, innocent victims are unjustly arrested, called terrorists, interrogated, tortured, indefinitely detained and denied all rights despite constitutional and international law protections.
"Republicans and Democrats alike have failed to articulate, create and implement a lawful interrogation, detention and trial regime for post-9/11 detainees. That is shameful and reflects negatively on two Presidents, the Congress and the Supreme Court."
The major media also. Their reports hype the threat, pre-determine guilt, and influence public opinion to believe government-charged individuals are dangerous, guilty, and should be confined to deter "terrorism."
Yet the Constitution's Fifth Amendment states:
"No person shall....be deprived of life, liberty, or property without due process of law....;" and
The 14th Amendment reads:
No "State (may) deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
Yet in a climate of fear and intimidation, everyone is potentially vulnerable to legislative lawlessness if congressional timidity lets S. 3081 pass in an election year.
According to Guiora, it comes down to "the rule of law or the rule of fear." Protecting American citizens and national security is one thing. Discarding core legal principles to do it reflects the worst elements of police state justice.
Stephen Lendman lives in Chicago and can be reached at email@example.com. Also visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.