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.

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