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Thursday, December 1, 2011

My Letter to South Carolina Senator Lindsey Graham, Concerning the unconstitutionality and immorality of Indefinite Detainment of Alleged Terrorists


This is an email I sent to South Carolina Senator Lindsey Graham, concerning his remarks in the debate concerning the indefinite detainment of alleged terrorists provision (especially those who are American citizens) in the new National Defense Authorization Act recently passed by the Senate, receiving "yea" votes from many of the Democrats in the Senate.  Senator Graham, of course feels it's ok to indefinitely detain alleged terrorists, keeping them in military possession, "humanely," he says, without trial and due process, without their right to counsel, and without being read their Miranda rights.  To this I argue that Senator Graham's position, as well as this provision in this bill is not only unconstitutional, violating the 5th Amendment and the right to a Writ of Habeas Corpus guaranteed in Article 1 Section 9 of the Constitution, but I also argue that this position and provision is immoral in light of Christian beliefs, coming from a supposedly Christian man.  I also believe that what Senator Graham sees as "humane," indefinitely detaining alleged terrorists in military custody without allowing their 5th Amendment rights to due process and counsel, as well as their right to a Writ of Habeas Corpus, is indeed "inhumane," being that we are denying alleged terrorists, still human beings, their life, liberty and property, as well as their pursuit of happiness without due process and their other constitutional rights.  How can it be humane to deny a man/woman his/her constitutionally guaranteed rights?  I say it isn't humane to do so.  But, below is my email letter to Senator Lindsey Graham outlining my aforementioned arguments, to which I received a responding emailing notifying me that the Senator only has time to respond to the letters of South Carolinians.

___________________________

Senator Graham,

I would like to comment on your alleged comments concerning the detention provision within the National Defense Authorization Act recently voted upon in the Senate:

You comments are as follows, taken from a Huffington Post article:

"The enemy is all over the world. Here at home. And when people take up arms against the United States and [are] captured within the United States, why should we not be able to use our military and intelligence community to question that person as to what they know about enemy activity?"

"They should not be read their Miranda Rights. They should not be given a lawyer," Graham said. "They should be held humanely in military custody and interrogated about why they joined al Qaeda and what they were going to do to all of us."


I would like to ask you, Senator Graham, seeing as you deem yourself a Christian and appear to be a member of the Southern Baptist church, which leads me to assume you have a belief in the Bible as the word of God, how you can believe that any man, much less an American citizen, arrested and detained on suspicion of alleged terrorist activities, can be detained indefinitely without trial, without a lawyer and without being read his/her miranda rights? 

I ask you this question with relation to the Christian religion that both you and I share because as mentioned in the Bible, both Old and New Testament, there will come in the last days "the last/final judgement of God" upon both the righteous and the wicked, as stated in Ecclesiastes 3:17.  Seeing as you are a Christian, and believe in the Bible, you must believe there will be a last judgement of mankind by God Himself in the last days, where both the righteous and wicked will come before the judgement bar of God to be judged according to their works, as stated in Matthew 16:17.  If my assumptions concerning your beliefs are correct, then how can you seek to deny the children of God, our fellow human beings, our fellow brethren and sisters, American citizen or not, trials and judgements, as well as lawyers and rights when even God our Father will hold us before a trial and judge us in the last days according to perfect justice and equity?  Do you believe that God had a hand in establishing this great nation, The United States of America?  I wholeheartedly believe that.  And if you believe this too, and that God will give even those wicked who fight against Him and His people a trial and judgement in the last days, then is it not our duty and responsibility, as a nation favored and established by the hand of God, and as fellow children of God endowed by Him with certain inalienable rights, among which are life, liberty and the pursuit of happiness, to: give to all individuals arrested and detained by American police or military personnel for alleged violations of American laws or terrorist activity the very same rights that not only we expect to be guaranteed by our governmental authorities, but also the right a swift trial and a judgement, AKA due process, including the right to counsel, according to the laws of our land, which land and Constitution was established by the hand of God? 

How can we deny our fellow human brethren and sisters, all children of God, the very rights God guarantees to us, both wicked and righteous, among which are a trial and judgement for alleged crimes, so as to determine if we are truly guilty of such crimes and eligible to be punished according to the law?  The police and military personnel in this land are neither judge, jury, nor executioner, as you and all other members of Congress also are not.

I ask you these questions in earnest.  I believe support for such provisions as unlimited and indefinite detainment without trial, without right to counsel, and without being read Miranda rights is not only contrary to our laws laid down in our Constitution, namely the right of the Writ of Habeas Corpus and the right to due process (laid out in the 5th Amendment), but is immoral as well.  We are neither in a state of rebellion nor are we being invaded such as the public safety may require the suspension of the Writ of Habeas Corpus, as mentioned in Article 1 Section 9 of the Constitution.  And the Supreme Court has ruled that all detainees arrested on suspicion of violating the laws of the USA have the right to counsel as well.  And we must remember, Senator, to do unto others as we would have them do unto us.  If you would like a swift trial and judgement, a lawyer, and your Miranda rights read to you if you were ever arrested and detained for whatever reason, you should be willing to guarantee it for others as well, even your enemies, and even when your enemies would not do the same for you.  Those are the commandments of Christ, and as Christians, we should follow them.  

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