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Saturday, December 03, 2011

US Military Powers Turned on Americans

This is one of the most strange issues I have come across in a long time when it comes to the Congress and the President passing a bill to basically fund and authorize the activities of our United States Military. I happened to get this link (working link to read the actual bill on from a really pretty girl that thinks my blog is awesome and she thinks I'm pretty hug-gable but I need not reveal who my girlfriend is other than the fact that you should check out the following links when it comes to your basic American rights.

The basic summation is that the US Military can be authorized to detain indefinitely citizens of the United States here in America based on requirements that are not defined in the bill. The requirements can be defined in any manner if you are protesting against the US Government and the military could have the authority to pick you up off the street and detain you with a simple label of terrorist. Even if you were protesting against the wars.

The ACLU is up in arms over Senate Bill S1867 because of two sections of the bill, 1031 & 1032. Check it out at the ACLU site. HERE or read the actual bill sections below.

Here is the actual language in question:


National Defense Authorization Act for Fiscal Year 2012 (Engrossed in Senate [Passed Senate] - ES)

Subtitle D--Detainee Matters


    (a) In General- Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107-40) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.
    (b) Covered Persons- A covered person under this section is any person as follows:
      (1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.
      (2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.
    (c) Disposition Under Law of War- The disposition of a person under the law of war as described in subsection (a) may include the following:
      (1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.
      (2) Trial under chapter 47A of title 10, United States Code (as amended by the Military Commissions Act of 2009 (title XVIII of Public Law 111-84)).
      (3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.
      (4) Transfer to the custody or control of the person's country of origin, any other foreign country, or any other foreign entity.
    (d) Construction- Nothing in this section is intended to limit or expand the authority of the President or the scope of the Authorization for Use of Military Force.
    (e) Authorities- Nothing in this section shall be construed to affect existing law or authorities, relating to the detention of United States citizens, lawful resident aliens of the United States or any other persons who are captured or arrested in the United States.
    (f) Requirement for Briefings of Congress- The Secretary of Defense shall regularly brief Congress regarding the application of the authority described in this section, including the organizations, entities, and individuals considered to be `covered persons' for purposes of subsection (b)(2).


    (a) Custody Pending Disposition Under Law of War-
      (1) IN GENERAL- Except as provided in paragraph (4), the Armed Forces of the United States shall hold a person described in paragraph (2) who is captured in the course of hostilities authorized by the Authorization for Use of Military Force (Public Law 107-40) in military custody pending disposition under the law of war.
      (2) COVERED PERSONS- The requirement in paragraph (1) shall apply to any person whose detention is authorized under section 1031 who is determined--
        (A) to be a member of, or part of, al-Qaeda or an associated force that acts in coordination with or pursuant to the direction of al-Qaeda; and
        (B) to have participated in the course of planning or carrying out an attack or attempted attack against the United States or its coalition partners.
      (3) DISPOSITION UNDER LAW OF WAR- For purposes of this subsection, the disposition of a person under the law of war has the meaning given in section 1031(c), except that no transfer otherwise described in paragraph (4) of that section shall be made unless consistent with the requirements of section 1033.
      (4) WAIVER FOR NATIONAL SECURITY- The Secretary of Defense may, in consultation with the Secretary of State and the Director of National Intelligence, waive the requirement of paragraph (1) if the Secretary submits to Congress a certification in writing that such a waiver is in the national security interests of the United States.
    (b) Applicability to United States Citizens and Lawful Resident Aliens-
      (1) UNITED STATES CITIZENS- The requirement to detain a person in military custody under this section does not extend to citizens of the United States.
      (2) LAWFUL RESIDENT ALIENS- The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.
    (c) Implementation Procedures-
      (1) IN GENERAL- Not later than 60 days after the date of the enactment of this Act, the President shall issue, and submit to Congress, procedures for implementing this section.
      (2) ELEMENTS- The procedures for implementing this section shall include, but not be limited to, procedures as follows:
        (A) Procedures designating the persons authorized to make determinations under subsection (a)(2) and the process by which such determinations are to be made.
        (B) Procedures providing that the requirement for military custody under subsection (a)(1) does not require the interruption of ongoing surveillance or intelligence gathering with regard to persons not already in the custody or control of the United States.
        (C) Procedures providing that a determination under subsection (a)(2) is not required to be implemented until after the conclusion of an interrogation session which is ongoing at the time the determination is made and does not require the interruption of any such ongoing session.
        (D) Procedures providing that the requirement for military custody under subsection (a)(1) does not apply when intelligence, law enforcement, or other government officials of the United States are granted access to an individual who remains in the custody of a third country.
        (E) Procedures providing that a certification of national security interests under subsection (a)(4) may be granted for the purpose of transferring a covered person from a third country if such a transfer is in the interest of the United States and could not otherwise be accomplished.
    (d) Effective Date- This section shall take effect on the date that is 60 days after the date of the enactment of this Act, and shall apply with respect to persons described in subsection (a)(2) who are taken into the custody or brought under the control of the United States on or after that effective date.
I am by far not a lawyer or ever want to be one but the idea that the US Military would be or could be directed against its own people, inside our own country, is an indirect possibility of S1867. The power it gives to the President is vague. The White House is ready to veto the bill as it stands.

This all still has to go through the House so it should be an interesting bill to follow to see if the House is willing to abandon its people because they too are sheep.


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Blogger Jim Gonyea said...

As you wrote the President has threatened a veto. The Pentagon doesn't want it either. The best hope is that the House of Representatives pulls it. The problem with the threatened veto is that the President would veto the defense appropriation bill. Then he needs to run on that. Will he really veto it if it comes to him with that still part of the bill? I don't know. I do feel pretty strongly that the US Supreme Court wouldn't strike it down. Not this Court. So either the House strips it or the President actually vetos it. I don't like the chances of either actually happening. The fact that Senate Democrats could have stripped this and didn't is telling.

8:20 PM  
Blogger John Myste said...

If the bill passes, it will never survive. The Supreme Court will strike it down (at least the current Supreme Court would).

I doubt that the bill could get through Congress either. Even the Patriot Act became every unpopular. Can you imagine the resistance this would encounter? And we need another 9-11 or something in order to even have a chance to cast the Patriot Act light in the eyes of the majority.

I don't think very many congressmen would choose to end their careers supporting something like this, especially since it would be an additional black mark on their record with it was struck down in court.

10:47 PM  
Blogger Papamoka said...

Jim, Senator Feinstein had an ammendement to it and it did not pass. All she wanted was the word "Abroad" added to the sections. I worry that the House will look at it as a big ass bag of goods and vote for it because is is the total package.

3:02 PM  
Blogger Papamoka said...

I agree with you John. The Supreme Court would never hold it up but that battle would be years down the road which is a dangerous gun that is pointed at American citizens from its own military for the time being.

3:04 PM  

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