Though Lieberman has not yet introduced legislation in congress, the Lieberman citizenship bill is already raising tensions on both sides of the aisle. Many legal experts have called this possible bill “draconian,” and civil rights experts are picking the bill apart. In the end, small cash loans are rarely the only thing people need for protection in the legal system – but the U.S. legal system is designed for citizens and non-citizens alike. Would the Lieberman citizenship bill solve what it is intended to solve or just cause more headaches?
What prompted the Lieberman citizenship bill?
Senator Lieberman’s citizenship bill was prompted by concerns over the arrest of Faisal Shahzad, the accused Times Square bomber. Senator Lieberman has publicly decried the fact that Shahzad was read his Miranda rights (if a bit late). As an American citizen, Faisal is protected by civil rights protections, including due process.
What Lieberman’s citizenship bill says
The Lieberman citizenship bill would amend current law to “revoke citizenship from people with ties to a foreign terrorist organization.” This legislation would have the possibility of stripping constitutional protections from citizens or former citizens. There are still many questions about this Lieberman citizenship bill – especially about its definitions.
The question of Lieberman citizenship definitions
The Lieberman citizenship bill raises many, many questions. First, the Lieberman citizenship bill does not define what constitutes “ties” to foreign terrorist organization. There is also no standard of proof or protections for wrongfully accused individuals. Instead, there would be a “new authority” created for the State Department to decide who is a citizen.
Worst case scenario of Lieberman citizenship bill
Worst-case scenario, an American citizen who is wrongfully accused could be stripped of their citizenship, tried in a military tribunal and moved to a prison in another country — without rights to a trial. In other words, the punishment could come before the conviction. Individuals would still be allowed to challenge their citizenship-stripping in American court. This challenge, however, could go on at the same time as their criminal military tribunal trial.
Lieberman citizenship bill would not solve problem
The Lieberman citizenship bill is designed to “fix” the Miranda rights question that Lieberman has raised. However, in writing the bill, it appears that Lieberman’s citizenship stripping won’t “fix” that problem. Miranda warnings apply to any person charged with a crime – whether they are a citizen or not. Additionally, the rather vague definition of “ties” to a foreign terrorist organization leaves the door wide open for challenges – not to mention brings into question domestic terrorism suspects.
Constitutional challenge to Lieberman citizenship bill
The Lieberman citizenship bill would, if passed, almost certainly face legal challenges. Current law already states that any citizen who fights for a foreign army does so at risk of their citizenship. A 1967 Supreme Court ruling also states that a U.S. Citizen cannot involuntarily be deprived of their citizenship. The only way the government can deprive citizenship is by proving that the citizen intended to revoke their citizenship on their own.
Sources:
Atlantic Wire
Atlantic
Salon.com
Washington Post
Who is Behind Sen. Joe Lieberman’s Proposed Fascist Legislation?
Sen. Joe Lieberman has already endorsed McCain’s March 4th bill S.3081 that would strip Americans of Habeas corpus: Under the McCain bill, U.S. Government would need only designate an American Citizen was an “Unprivileged Enemy Belligerent” suspected of; having engaged in hostilities against the United States or its coalition partners; or purposefully and materially supported hostilities against the United States or U.S. civilians to cause their indefinite detention in military custody, without right to an attorney or trial.
Joe Lieberman’s proposed bill would make it easy to strip Americans of their Citizenship and hold them as “Unprivileged Enemy Belligerents” as U.S. Government would only have to show a U.S. Citizen or group had slight-interaction with a foreign group that touched a terrorist organization, for example Irish Americans living on the east coast of the United States contacting their alleged IRA relatives in Northern Ireland. Since many political groups intersect, even unknowingly with alleged terrorists, Lieberman’s bill would make it possible for a U.S. Government administration to do large sweeps of U.S. Citizens denying Americans Habeas corpus, to try them in military tribunals. One might want to ask who put Lieberman up to introducing this fascist bill that favors Israel. It should be noted Joe Lieberman’s June 4th endorsement of McCain’s bill S.3081, The “Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010” strips Americans of Habeas corpus; there appears to be a pattern here between McCain and Lieberman legislation. McCain’s bill S.3081 would eliminate several Constitutional protections allowing Government to arbitrarily pick up Americans on mere suspicion—with no probable cause. Your political opinions and statements made against U.S. Government could be used by Authorities to deem you a “hostile” “Enemy Belligerent” to cause your arrest and indefinite detention. S.3081 is so broadly written innocent anti-war protesters and Tea Party Groups might be arrested and detained just for attending demonstrations; Government could charge that attending demonstrations "materially supported hostilities."
McCain’s legislation S.3081 could like Lieberman’s proposed bill be used by a corrupt U.S. government administration to crush anyone that dared question government. Under McCain’s S.3081, an “individual” need only be Suspected by Government of “suspicious activity” or “supporting hostilities” to be dragged off and held indefinitely in Military Custody. Government would have the power to detain and interrogate any individual including Americans without probable cause. Government need only allege an individual kept in detention, is an Unprivileged Enemy Belligerent suspected of; having engaged in hostilities against the United States or its coalition partners; or has purposefully and materially supported hostilities against the United States; its coalition partners; or against U.S. civilians. How could one prove to Government they did not purposely do something? “Materially Supporting Hostilities” against the United States could include any person or group that spoke out or demonstrated disapproval against an agency of U.S. Government. It is foreseeable many Americans might go underground to Resist Government Tyranny. Definition for Unprivileged Enemy Belligerent: (Anyone Subject to a Military Commission)
At least under the Patriot Act, law enforcement generally needed probable cause to detain a person indefinitely. Passage of S.3081 will permit government to use “mere suspicion” to curtail an individual’s Constitutional Protections against unlawful arrest, detention and interrogation without benefit of legal counsel and trial. According to S.3081 Government is not required to provide detained individuals U.S. Miranda Warnings or even an attorney. It is problematic under McCain’s S.3081 that detained individuals in the U.S. not involved in terrorism or hostile activities, not given Miranda Warnings or allowed legal counsel will be prosecuted for ordinary crimes because of their alleged admissions while in military custody.
S.3081 if passed will frighten Americans from speaking out. S.3081 is so broadly written, it appears any “individual” who writes on the Internet or verbally express an opinion against or an entity of U.S. Government or its coalition partners might be detained on the basis he or she is an “unprivileged enemy belligerent”, “supporting hostilities against U.S. Government.” The “supporting hostilities” provisions in S.3081 are so broad Government could use “suspicion” to detain U.S. corporate executives on the premise their corporations “supported hostilities” by providing goods or services to a nation engaged in hostilities against the United States.
(Make Your Own Determination If The Analysis Herein Is Correct) See McCain’s 12-page Senate bill S.3081 at:
assets.theatlantic.com/static/mt/assets/politics/ARM10090.pdf