The National Defense Authorization Act would give POTUS the ability to detain American citizens within our borders without trial.  As long as a citizen is deemed to be a “terrorist” the U.S. military can detain you indefinitely without trial on our soil.  It is known as provision 1031. 

Since 1878, when Congress passed the Posse Comitatus Act, the U.S. military has not been authorized to perform law enforcement functions on American soil, to allow such would be to create a police state.

The passage of this bill could be a dangerous blow to the Constitution.  Sadly, our leaders are sleeping on the job.  The only thing our leaders can agree on is how incompetent they are. 

Senator Mark Udall (D-CO) offered an amendment  to the bill that would require Congress to consider the legality of the provision.  It was defeated. 

Senator Rand Paul (R-KY) has proposed striking the provision all together.  That got nowhere. 

In the end, the bill containing the provision passed the Senate. 

Essentially, the provision allows any American citizen accused of being a terrorism suspect to receive one hearing in front of a military panel.  The military can then choose to lock any American citizen up without Due Process of Law.

Senator Carl Levin (D-Mich.) defended the attack on Liberty saying, “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?”

To its credit, the White House has indicated that this type of provision is unnecessary to accomplish counterterrorism goals.  Our policies the last ten years have worked why restrict liberty without gain?  The White House has threatened to veto the bill.  Both the FBI and director of National Intelligence have sided with the White House.  Obama has this one right and he better hold firm to his veto threat. 

Republicans and Democrats should be ashamed of themselves.  Bipartisanship should be championed, but we cannot cheer both party’s as they pro-actively dismantle the Constitution.  Democrats are the party looking out for your civil “rights” while Republicans are the party looking out for your freedom.  Both parties have failed.  Has the “war on terror” taken us to a point where we no longer stand up for our own rights? 

It is sad how many Americans have so easily given up their rights against unreasonable search and seizure to the TSA and now we have Congress trying to chip away at our Due Process rights.  Where are the defenders of Liberty?  Where are the Senators who want to stand up for what is right?

Due Process of Law is the most important right Americans hold dear, it is what separates us from other nations.  It is the reason America is upheld as a beacon of Liberty around the world. 

This bill still has to go through the House.  I call on our tea party members to join with anyone with common sense to oppose this bill.  Oppose this bill.  We must remain vigilant even when our leaders are asleep at the wheel.  We can do better.  As a wise man once said, those who would trade liberty for security deserve neither.

To The Johnson County Sun’s credit, one thing the left-wing paper always does is to offer an opportunity for all candidates for major races to write in their own words why they’re running for office.  The Sun asks a few questions, and candidates can write almost anything they want, under a certain number of words.

The responses from candidates for Johnson County Community College Board of Trustees were published this week.  Mine are below.  Read other candidates’ replies here.

JCCC BOARD OF TRUSTEES

Name: Benjamin Hodge

Occupation: Publisher, regional economic conservative news site KansasProgress.com. Columnist at other print and online sources.

Education: Bachelor’s degree, journalism, Kansas State

Political experience: Past Kansas Republican Party delegate, state representative, JCCC board member, county property rights committee chairman, Kansans for State and Local Reform PAC chairman

Why are you running for this position?

To protect the academic freedom of both students and employees. United States Judge Eric Melgren declared that JCCC illegally expelled students. I personally witnessed a business professor being punished for criticizing some Islamic nations.

A respected attorney with the Thomas More Law Center personally observed JCCC suppressing free speech of students who criticize radical Islam.

Also, to make the budget and videotaping of meetings more open to taxpayers.

If significant cutbacks had to be made in the college’s budget, where would you be most likely to cut?

The easiest source of administrative waste is in regard to the numerous scandals. JCCC wasted enormous amounts of tax money after four women accused former President Charles Carlsen of sexual harassment, and Carlsen suddenly resigned. JCCC wasted tons of tax money while losing in federal court, after expelling four nursing students without due process.

Meanwhile, JCCC continues to provide high salaries to the administrators involved.

What will be your primary goals and priorities if elected?

The JCCC motto is “Learning Comes First.” Let’s try doing that.

The administration must treat all employees and all students with respect. That’s not happening.

JCCC must also respect taxpayers, through transparency and through the efficient use of tax dollars.

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At 50,000 thousands students every year (many non-degree-seeking), Johnson County Community College is the largest in Kansas and among the largest in the Midwest.

They don’t care much for any law, state or federal.  Just since 2005, the college has been guilty of violating the state open meetings law, the state open records law, the federal First Amendment, there has been at least one likely illegal firing, a president who is still on the taxpayer-funded college foundation (which receives several hundreds of thousands of tax dollars a year) was guilty of the sexual molestation of multiple women (according to four women), and there have been related cover-ups which quite likely were criminal. All of this has cost the college — no, the taxpayers – millions in wasted tax dollars.

In the middle of all of this is a no-bid legal contract given to an unethical lawyer named Mark Ferguson, who is in the law firm of state Democratic Party Chairman Larry Gates.  He’s both dishonest and incompetent.  Ferguson clearly does not know the law, or else he would not have embarrassed himself and the entire seven-member, elected Board of Trustees and argued in front of a federal judge that it was legal for the college to suddenly expel four nursing students, after one of the students posted (and later removed upon request) a picture of a placenta.  A college teacher gave permission to the students to take the photo.

It was not legal.  It was clearly illegal.  A federal judge made it abundantly clear on Thursday.  According to The Kansas City Star:

The judge on Thursday shot down every argument, legal and otherwise, that Johnson County Community College had used to justify its ousting of Byrnes last fall, preventing her from graduating on schedule in May.

In part, the judge found that:

– “Photos are taken to be viewed, and if the students were given permission to photograph the placenta, it became irrelevant what they did with the pictures.”

– “Byrnes was not allowed a fair hearing on her dismissal.”

Terry Calaway’s arrogant, unrepentant response, again from The Star:

In a statement later, Calaway said the college was disappointed by the ruling… We took what we believed to be appropriate action, but the court saw the situation differently.”

The director of the nursing program is Jeanne Walsh, whom former Governor and Health and Human Services Secretary Kathleen Sebelius appointed to the state nursing board.

KMBC-ABC Channel 9 has a video story on JCCC’s illegal behavior.

Fox 4 also has a video story on the federal judge’s actions.

Other related articles:

- KMBC Channel 9, “Students Who Posted Placenta Photo Reinstated”

- MSNBC/Associated Press:  “Student who posted placenta picture reinstated”

- Bloomberg/Associated Press:  “Kan. students who posted placenta photo reinstated”

- Forbes blog:  “Update: Taking a Photo with a Placenta Won’t Get You Kicked Out of Nursing School”

- The Pitch:  “Doyle “Placenta Pic” Byrnes gets to go back to JCCC nursing school”

- KCTV/CBS Channel 5:  “JCCC Student Who Posted Placenta Pic Reinstated”

Meet the six people most responsible for the corruption and incompetence at the Overland Park-based community college:

Lynn Mitchelson (above), ex-banker from Mission Woods and former chair of the Overland Park Chamber of Commerce

Terry Calaway, JCCC President and one of the current leaders of the Overland Park Chamber of Commerce

Don Weiss, an administrator at DeVry University.  Supporter of and endorsed by the left-wing “Mainstream Coalition,” which sent spies into area Christian churches in 2005.

Jon Stewart, ex-CEO of Metcalf Bank, protege of Lynn Mitchelson

Melody Rayl: Lawyer who does not know the law, former police officer who covered up crimes at JCCC, and former college professor who opposes academic freedom.  Violated JCCC Board Code of Conduct while HR committee co-chair to secretly pass domestic partnership benefits for college employees; openly gay.

Mark Ferguson, lawyer extraordinaire.  According to his Web site:

- Overland Park Chamber of Commerce Political Education Institute, Graduate;

- Leadership Overland Park (Part of OP Chamber of Commerce), 1995; Co-Chair and Selection Committee Chair, 1996, 1997

-Appointed by Kansas Governor as part-time Special Administrative Law Judge, Division of Workers’ Compensation, 1995-2003

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