Mikael of ImpeachforPeace Empowering citizens to hold our elected (or otherwise in power) servants accountable

The Military Commissions Act of 2006 is Bush’s “Enabling Act”:

On Tuesday, January 7th, 2003, Norm Coleman took an oath of office, becoming the junior Senator from the State of Minnesota. In taking that oath, Senator Coleman swore to “support and defend the Constitution of the United States against all enemies foreign, AND DOMESTIC” and to “bear true faith and allegiance to the same”:

In Article XIII of the Mandatory Judicial Notice regarding the Constitution of the United States it is stated: “The Constitution and laws of the United States are the supreme law of the land, and to these every citizen of every State owes obedience, whether in his individual or official capacity.”

On September 28th, 2006 at the end of the second session of the109th Congress, The Military Commissions Act of 2006 (S.6166) was passed with 65 Senators voting for its passage, including Senator Coleman:

As Minneota’s own Garrison Keillor wrote regarding Coleman and the 64 other Senators in “A Shameful Retreat from American Values”:

“To paraphrase Sir Walter Scott: Mark their names and mark them well. For them, no minstrel raptures swell. High though their titles, proud their name, boundless their wealth as wish can claim, these wretched figures shall go down to the vile dust from whence they sprung, unwept, unhonored and unsung.”

Keiller further stated:

“If, however, the Court does not (dispose of this piece of garbage), then our country has taken a step toward totalitarianism. If the government can round up someone and never be required to explain why, then it’s no longer the United States of America as you and I always understood it. Our enemies have succeeded beyond their wildest dreams. They have made us become like them.” 

Keillor, as eloquently disgusted as he is with this recent action on Capitol Hill, missed one key element. The wording of the new bill to be signed into law on Tuesday leaves just enough wiggle room for the possibility of a United States citizen to be designated an unlawful enemy combatant, or at least a legal argument to be mounted in favor of it, and to be tried by military tribunal rather than the U.S. courts and thus denied the Habeas Corpus protections which are the Constitutional right of every U.S. citizen.

The bill clearly states in `Sec. 948c. Persons subject to military commissions: that any “alien unlawful enemy combatant is subject to trial by military commission under this chapter”. However, the bill, in `Sec. 950v. Crimes triable by military commissions under subheading `(26) WRONGFULLY AIDING THE ENEMY: also makes clear that “Any person subject to this chapter who, in breach of an allegiance or duty to the United States, knowingly and intentionally aids an enemy of the United States, or one of the co-belligerents of the enemy, shall be punished as a military commission under this chapter may direct.”

Although some non-citizens have an allegiance to the U.S. such as Mexican soldiers in our military or those employed in other capacities by our government, the words “any person” open new ground in this document toward the possibility of the loss of due process for American citizens through being designated an “unlawful enemy combatant” by the President, the Secretary of Defense or anyone they delegate that authority to.

Senator Coleman’s vote in favor of this bill is an act in direct violation with his oath of office to the Constitution of the United States and therefore we believe his “true faith and allegiance” to the same has been irreparably compromised. With this vote and the damage it has wrot upon the Constitution of the United States, we believe Senator Coleman has forfeited his right and authority to continue as a U.S. Senator representing the great State of Minnesota.

It is generally assumed that a U.S. Senator may not be impeached despite there being no law or governmental rule forbidding it. However, we of ImpeachforPeace.org, a Minnesota-based organization for governmental accountability believe that Senator Coleman has violated his oath of office in voting for this measure and has committed a serious malfeasance according to Constitution Article VIII §6 and call the citizens of the State of Minnesota to join us in insisting upon the immediate recall of Senator Coleman from his post. This decision was passed in a unanimous vote of members present at tonight’s meeting as well as with the wholehearted encouragement of all members unable to attend:

Minnesota Senator Mark Dayton, 5th District Representative Martin Sabo (Minneapolis area) and 4th District Representative Betty McCollum (St. Paul area) all voted “Nay” along with James Oberstar in the 8th District to the north of the Twin Cities. The other five Minnesota House members join Coleman in shame and in proving themselves unworthy of continued public service.

We strongly encourage you to read the Keillor commentary above to find whether your Senator joined Coleman in betraying his oath of office and if so, please join us in initiating a recall drive of those traitors as well. To see how your House members voted, check GovTrack.us

Further commentary on this development:

Keith Olbermann succinctly chimed in on the end of Due Process in America and the destruction of our treasured Constitution that came with it in his “The Death of Habeas Corpus” aired on MSNBC’s Countdown” on October 10th.:

Senator Patrick Leahy (D-Vt.) also blasted the recent detainee bill, saying it represents: “A Total Rollback Of Everything This Country Has Stood For”