Police State legislation, S.3081 introduced by McCain and Scott Brown

Stolen from Anthony Bouchard, with permission.

Articles related to Police State:

Sheridan Police harass gun rights activist, terrorize his family during swat style confrontation

City of Sheridan hires a police chief from Detroit that breaks the law and misplaces his gun

IRS purchases firearms and uses them for government greed


Danger Ahead, more power is being ordered up from Congress.

You say, “I know, I see this every day”. But this one fits right into the category- “the more I learn of my government, the more I love my guns”.

And now that I have said that, I guess this legislation could be used against me.

This should scare the hell out of you!

More cries of “there are terrorists out there”, but it’s the same old – take more rights away from you and me.

This legislation will allow the federal government to detain ANYONE, ANYWHERE (yes even you), bypassing constitutional judicial safeguards on the whim of the executive branch or agency designated thereof.

It’s as if federal legislation like Real ID (Dangerous ID) and the Patriot Act somehow doesn’t give them enough power. Are you getting the big picture?

In case you weren’t watching, Bush signed the Patriot Act into law and Obama extended it. This is how big government works, for it’s own goals.

Instead of repealing laws that stomp on our rights, once again the GOP is leading the way to further trample the Constitution.

S.3081 the Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010 – introduced by Sen. John McCain and Massachusetts Tea Party pick Scott Brown, yes it didn’t take Brown long to show his true statist colors, did it?

This is why Wyoming Citizens must demand a backbone from our state legislature, to stand up and fight by passing state legislation that says NO MORE!

The State Legislature could very well be our real “last hope” to stop the power hungry oozing bile in D.C. from taking every last constitutional protection away from Citizens.

On a local level this Police State legislation is generally favored by Law Enforcement Officials like – Sheridan Police Chief Richard Adriaens and his cronies at the Police Union, to be specific Byron Oedekoven of the Wyoming Association of Sheriffs and Chiefs of Police.

You may want to read this article – What Police State Legislation Looks Like, where it states this: “These politicians know that the public is angry. They also know that other politicians don’t like to speak against a bill that’s “tough on terrorists,” even when the bill’s language is absurdly broad”.

Open Carry Redefined?
In this legislation there is reference to the Geneva Convention and insurgents – “in a manner which satisfies Article 5 of the Geneva Convention” which points to artice 4 that states the following:“Volunteer corps, including such organized resistance movements, fulfill the following conditions…that of carrying arms openly”.

Does that mean being at an open-carry rally or with a group of open-carriers consisting of two or more could label you as a “Enemy Belligerent”?

Here are a few excerpts from this DANGEROUS LEGISLATION:

An individual, including a citizen of the United States, determined to be an unprivileged enemy belligerent…may be detained without criminal charges and without trial…Whenever within the United States, its territories, and possessions, or outside the territorial limits of the United States…

…matters as the President considers appropriate…

The operations and activities of high-value detainee interrogation groups under this section shall be governed by such regulations and guidance as the President shall establish for purposes of implementing this section…

An individual who may be an unprivileged enemy belligerent and who is initially captured or otherwise comes into the custody or under the effective control of the United States by an intelligence agency of the United States may be held, interrogated, or transported by the intelligence agency and placed into military custody for purposes of this Act if retained by the United States within a reasonable time after the capture or coming into the custody or effective control by the intelligence agency, giving due consideration to operational needs and requirements to avoid compromise or disclosure of an intelligence mission or intelligence sources or methods…

Each interagency team under this subsection shall be composed of such personnel of the Executive Branch having expertise in matters relating to national security, terrorism, intelligence, interrogation, or law enforcement as the President considers appropriate. The members of any particular interagency team may vary depending on the skills most relevant to a particular case…

Waiver of your Miranda Rights:

…shall not, during interrogation under this subsection, be provided the statement required by Miranda v. Arizona (384 U.S. 436 (1966)) or otherwise be informed of any rights that the individual may or may not have to counsel or to remain silent consistent with Miranda v. Arizona…

I have said this time and time again – “It’s going to take gun owners to take up the political fight”, we can no longer stand by and let them dismantle our country!



Anthony Bouchard
is a staunch supporter of the Bill of Rights and limited government – he is also the Director of WyGO – Wyoming Gun Owners Association, Wyoming’s Only No-Compromise Gun-Rights Organization.

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19 Responses to “Police State legislation, S.3081 introduced by McCain and Scott Brown”

  1. TexasFred Says:

    The guy in Sheridan: I hear these stories ALL the time, I attend one hell of a lot of PUBLIC events and have YET to EVER see ANY evidence of a thing like this…

    I’m not saying the guy is a liar, I’m not saying the cop didn’t go overboard, but until I SEE this BS, I am going to remain highly skeptical…

    And as you know, I carry a gun everywhere I go, except in the shower, and even then, it’s on a shelf, within reach…

    I have a very good friend that’s a Texas DPS SGT, he comes by from time to time and we go to coffee, riding around, whatever, the 1st thing he says is, “You packing?”, and Texas DPS is pretty hard core about guns and gun rights, maybe I just hang out with a different breed of cops.. Maybe the cops I know are PATRIOTS too!

    OR… Maybe we’re not hearing the full story from the guy in Sheridan… Maybe he’s NOT as innocent as he makes himself out to be… Just sayin’.. 😐

  2. Patrick Sperry Says:

    I know Anthony, and I myself? Am waiting for the other side of the story. Then I will do an entire post about a similar situation that I was involved in. From the outset, it appears that this certainly could have been handled differently.

  3. Montana Says:

    Arizona can pass race base laws, pass Birthers laws and the state can continue to boycott Martin Luther King Day, well the rest of the Country can boycott the state of Arizona and spank them where it hurts them the most their pocket book. Their phony patriotism is sickening, they are just racists going by another name. We all know you are just itching to put a sheet on their head? Let’s face it the Republicans had eight years to deal with health care, immigration, climate change and financial oversight and governance and they failed. It appears that the Republican Party is only good at starting wars (two in eight years, with fat War profiteering contracts to friends of Cheney/Bush) but not at winning wars as seen by the continuing line of body bags that keep coming home. The Republicans party will continue turned inward to their old fashion obstructionist party (and their Confederacy appreciation roots) because they continue to allow a small portions (but very loud portion) of their party of “birthers, baggers and blowhards” to rule their party. I will admit that this fringe is very good at playing “Follow the Leader” by listening to their dullard leaders, Beck, Hedgecock, Hannity, O’Reilly, Rush, Savage, Sarah Bailin, Orly Taitz, Victoria Jackson, Michele Bachmann and the rest of the Blowhards and acting as ill programmed robots (they have already acted against doctors that perform abortions). The Birthers and the Tea party crowd think they can scare, intimidate and force others to go along with them by comments like “This time we came unarmed”, let me tell you something not all ex-military join the fringe militia crazies who don’t pay taxes and run around with face paint in the parks playing commando, the majority are mature and understand that the world is more complicated and grey than the black and white that these simpleton make it out to be and that my friend is the point. The world is complicated and people like Hamilton, Lincoln, and Roosevelt believed that we should use government a little to increase social mobility, now it’s about dancing around the claim of government is the problem. The sainted Reagan passed the biggest tax increase in American history and as a result federal employment increased, but facts are lost when mired in mysticism and superstition. For a party that gave us Abraham Lincoln, it is tragic that the ranks are filled with too many empty suits and the crazy Birthers who have not learned that the way our courts work is that you get a competent lawyer, verifiable facts and present them to a judge, if the facts are real and not half baked internet lies, then, and only then, do you proceed to trial. The Birthers seem to be having a problem with their so called “facts”. Let’s face it no one will take the Birthers seriously until they win a case, but until then, you will continue to appear dumb, crazy or racist, or maybe all three. I heard that Orly Taitz now wants to investigate the “Republican 2009 Summer of Love” list: Assemblyman, Michael D. Duvall (CA), Senator John Ensign (NV), Senator Paul Stanley (TN), Governor Mark Stanford (SC), Board of Ed Chair, and Kristin Maguire AKA Bridget Keeney (SC), she wants to re-establish a family values party, that’s like saying that the Catholic Church cares about the welling being of children in their care, too late for that.

  4. Patrick Sperry Says:

    Montana; I allowed your comment to show simply to parade what your side of the argument thinks. It has nothing at all to do with the post, and is therefore filled with Red Herring Fallacies.

    When you can’t come up with anything substantial play the race card.

  5. Dan Scott Says:

    Are You Scheduled For Government Interrogation If Senate bill 3081 Is Passed?

    On March 4, 2010, Sen. John McCain introduced S.3081, The “Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010.”

    Sen. McCain’s 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 can charge that attending demonstrations “materially supported hostilities.”

    Considering how often Sarah Palin defends Free Speech, one can’t help wonder why Palin is helping McCain’s reelection to the U.S. Senate after he introduced possibly the most anti-Free Speech Bill in Modern U.S. History. Perhaps Palin or her Tea Party supporters haven’t considered McCain’s legislation might be used by a corrupt government administration to crush them. Tea Parties might question Palin whether she supports Sen. McCain’s bill the “Enemy Belligerent Interrogation, Detention, and Prosecution Act of 2010.” (S.3081)

    Under 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 will have the power to detain and interrogate any individual 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 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.

    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.”

    How might Americans respond should Government use this bill to take away their loved ones, family members and friends on mere suspicion? It is foreseeable McCain’s bill will drive lawful political activists underground, perhaps creating the domestic terrorists McCain said we needed to be protected from.

    McCain’s bill mentions “non-violent acts” supporting terrorism in the U.S. and or emanating from America against a Coalition Partner. Non-violent terrorist acts” are covered in the Patriot Act to prosecute Persons that support “coercion to influence a government or intimidation to affect a civilian population.” However, U.S. activists and individuals under S.3081 would be much more vulnerable to prosecution, if (charged with suspicion) of “intentionally providing support to an Act of Terrorism”, for example American activists can’t control what other activists might do illegally—they network with domestically and overseas. Under the Patriot Act, law enforcement generally needs probable cause to detain or prosecute someone. But under S.3081, law enforcement and the military can too easily use (hearsay or informants) to allege “suspicious activity” to detain an individual. It is problematic under 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.

    Notably, McCain’s S.3081 mandates (merging) Federal, State and Local Police and subsequently the U.S. Military to detain and hold Individuals in the U.S., even without probable cause. Interestingly a Rand Report prepared for the Army, recently made public, appears to suggest that U.S. Government develop a Local, State and Federal U.S. “National Police Stabilization Force merging State law enforcement with the Feds. What could happen to State Rights and what Laws and Jurisdiction would be used to prosecute state Citizens arrested by a National Police Stabilization Force? A National Police Force could potentially be sent by the President into any State with the approval of its governor, against the wishes of its Citizens? To clarify the Rand Corporation report visit:

    http://www.wnd.com/index.php?fa=PAGE.view&pageId=122533

    Historically it is foreseeable under S.3081 that “erroneous informant information” could be used to detain innocent Individuals. Other countries have used lying informants to imprison; even execute political opposition.

    Under S.3081 government may use an individual’s phone call and email information to allege without probable cause “suspicious or hostile activity against a U.S. civilian population or the United States to detain Americans.”

    (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

    FYI: below is enclosed a copy of “Hitler’s Discriminatory Decrees signed February 28, 1933.” Although the Nazi Decrees are written differently than S.3081, the McCain bill could bring America to the same place crushing free speech and personal liberty. Note how the Nazi Government in Section (1) and (4), similar to U.S. S.3081, suspend personal liberty— shutdown Free Speech to intimidate Citizens speaking out against Government:

    See Section 1
    “Sections 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association, and violations of the privacy of postal, telegraphic, and telephonic communications, and warrants for house-searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.”

    Similar to McCain’s S. 3081, but using different wording the Nazi Government in Section (4) see below, suspended Constitutional rights, ordered the arrest of Citizens for any ACT that might incite or provoke disobedience against state authorities. McCain’s S.3081 instead mentions detaining and prosecuting Individuals for “supporting hostilities” against U.S. Government. S.3081 is so broadly written any person or group attending a protest could be arrested without provable cause and detained if government charged a protest-supported hostilities.

    See Section 4
    Whoever provokes, or appeals for or incites to the disobedience of the orders given out by the supreme state authorities or the authorities subject to then for the execution of this decree, or the orders given by the Reich Government according to Section 2, is punishable—insofar as the deed, is not covered by the decree with more severe punishment and with imprisonment of not less that one month, or with a fine from 150 up to 15,000 Reichsmarks.

    DECREE OF THE REICH PRESIDENT FOR THE PROTECTION OF THE PEOPLE AND STATE

    Note: Based on translations by State Department, National Socialism, 1942 PP. 215-17, and Pollak, J.K., and Heneman, H.J., The Hitler Decrees, (1934), pp. 10-11.7

    In virtue of Section 48 (2) of the German Constitution, the following is decreed as a defensive measure against Communist acts of Violence, endangering the state:

    Section 1
    Sections 114, 115, 117, 118, 123, 124, and 153 of the Constitution of the German Reich are suspended until further notice. Thus, restrictions on personal liberty, on the right of free expression of opinion, including freedom of the press, on the right of assembly and the right of association, and violations of the privacy of postal, telegraphic, and telephonic communications, and warrants for house-searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.

    Section 2
    If in a state the measures necessary for the restoration of public security and order are not taken, the Reich Government may temporarily take over the powers of the highest state authority.

    Section 4
    Whoever provokes, or appeals for or incites to the disobedience of the orders given out by the supreme state authorities or the authorities subject to then for the execution of this decree, or the orders given by the Reich Government according to Section 2, is punishable—insofar as the deed, is not covered by the decree with more severe punishment and with imprisonment of not less that one month, or with a fine from 150 up to 15,000 Reichsmarks.

    Who ever endangers human life by violating Section 1, is to be punished by sentence to a penitentiary, under mitigating circumstances with imprisonment of not less than six months and, when violation causes the death of a person, with death, under mitigating circumstances with a penitentiary sentence of not less that two years. In addition the sentence my include confiscation of property.

    Whoever provokes an inciter to or act contrary to public welfare is to be punished with a penitentiary sentence, under mitigating circumstances, with imprisonment of not less than three months.

    Section 5
    The crimes which under the Criminal Code are punishable with penitentiary for life are to be punished with death: i.e., in Sections 81 (high treason), 229 (poisoning), 306 (arson), 311 (explosion), 312 (floods), 315, paragraph 2 (damage to railroad properties, 324 (general poisoning).

    Insofar as a more severe punishment has not been previously provided for, the following are punishable with death or with life imprisonment or with imprisonment not to exceed 15 years:

    1. Anyone who undertakes to kill the Reich President or a member or a commissioner of the Reich Government or of a state government, or provokes to such a killing, or agrees to commit it, or accepts such an offer, or conspires with another for such a murder;

    2. Anyone who under Section 115 (2) of the Criminal Code (serious rioting) or of Section 125 (2) of the Criminal Code (serious disturbance of the peace) commits the act with arms or cooperates consciously and intentionally with an armed person;

    3. Anyone who commits a kidnapping under Section 239 of the Criminal with the intention of making use of the kidnapped person as a hostage in the political struggle.

    Section 6
    This decree enters in force on the day of its promulgation.

    Reich President
    Reich Chancellor
    Reich Minister of the Interior
    Reich Minister of Justice

  6. Paladin Says:

    This bill is just as unconstitutional as the McCain-Feingold bill. The Congress does NOT have the authority to pass legislation that violates the provisions of the U.S. Constitution.

    Guys, I hate to say it but it looks like they’re going to back us into a corner.

    We cannot sit idly by any longer. We must get actively involved NOW. And, I mean ACTIVELY INVOLVED! Not just pissing and moaning on the sidelines.

  7. Alfie Says:

    WND and their ilk are one of the true banes of America right. The law is actually pretty clear on who it is aimed at. It is in many circles nick named the adam gadahn bill,the American Al Qaeda POS.
    Read the bill and if you can still say a Christian,a green,or a Tea Partier could be targeted….I just don’t know what to say…

  8. How the Times Square terrorists was treated by the terrorists rights focused Obama Ad - Page 10 - US Message Board - Political Discussion Forum Says:

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  14. Tera Says:

    Why don’t people look up these passed law’s I have and they are all there. S.3081 was passed on 3-4 2010 have them reshearch. use there minds for onces.

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