INSIDE THE UNITED STATES
THE END OF US LAW
In a deeply disturbing article in the New York Times, published on July 16, journalist Adam Liptak
reported that on July 15, the Virginia Federal Appeals Court ruled in a 5-4 decision that President Bush
has the legal power to order the indefinite military detention of civilians captured in the United States.
Please read that again: “The indefinite military detention of civilians!” Mr Liptak’s article proceeds to
the legal particulars of this case, but they are clear enough in his outline. Undeveloped, regrettably, are
the enormous principles involved here. The accused in the case is a foreign national - residing legally in
the US - who was arrested by the civilian authorities in 2001. After about two years in civilian courts
hands, he was transferred to the US military by the simple means of re-designating him as a “terrorist”.
He has been in military hands ever since. In terms of the principles involved, the true importance of this
case is that the Appeals Court has opened the door wide for the US Administration to have the civilian
authorities arrest people and then transfer them on their own say-so to US military authorities. Once that
is done, they can be held indefinitely! The Appeals Court ruling was wide enough to apply to Americans.
Mr Liptak headlined his story precisely enough: “Court Backs Bush On Military Detentions”.
De Facto - US Martial Law Is Imposed:
In principle, the Rule of Law has hereby ended inside the United States. When the civilian courts simply
hand people over to US military authorities who have expressed an “interest” in them, the Rule of Law is
no more. Such an act by the US civilian courts vacates the space specifically reserved for them in the
American Constitution. They have vacated their position as the third independent branch of government.
There are now two systems of courts inside the United States. The civilian courts which, under this
ruling, will stand as a forward screen giving a facade of normalcy. One step behind them will be the US
military authorities which can demand the hand-over of anybody in civilian custody - and the civilian
courts will comply. Under this ruling, who is to decide which people should be so treated? The US
Executive Branch of government. By this ruling, the Executive Branch has in its hands the means with
which to incarcerate anybody, simply on its own say-so, and hold them indefinitely! That is a tyranny!
It is with a haunting sense of intellectual anticipation that The Privateer has to refer back to the front page
of our previous issue where we dealt precisely with the nature of Martial Law. The real form of martial
law arrives when the US military itself gains the power to arrest American and all other civilians.
The Very Last Line(s) Of Self-Defence:
This ruling by the Federal Virginia Court of Appeal is certain to travel to the US Supreme Court. But it
might not even be heard - if the Supreme Court decides not to hear this case. If that is the outcome, then
in full legal terms it is all over because the lower Federal Appeal Court’s decision will stand.
If the US Supreme Court does hear the case and decides to overturn the lower Appeal Court, then all is
well and the US military and its jails have, for the moment, been parked on the sidelines. But, in hearing
this case, if the US Supreme Court upholds the lower Federal Court, then it is most certainly all over. The
United States would become a tyranny under permanent Martial Law. The Commander in Chief rules.
The other and very last line of self-defence is if the American public itself wakes up to this and what it
means to their future. But the likelihood of that happening is at present very small - the true defenders of
the American Constitution being very few.
This is a bigger potential crisis than ANY US financial collapse. The future of freedom is at stake.