Wednesday, December 28, 2011

Re: NDAA, AKA 'Indefinite Citizen Imprisonment w/o Trial Act' is still open to veto

Dual citizenships are illicit, period.  (I know, there are many "Americans"  who possess dual citizenship....It is nevertheless illegal.
 
An American citizen is "An American Citizen".   Doesn't matter where he was born.   (It is a very narrow window for an American citizen to be born in a foreign land).  
 


 
On Wed, Dec 28, 2011 at 10:37 AM, plainolamerican <plainolamerican@gmail.com> wrote:
The
foreign born terrorist may not receive a court's review, but the
American
will.
---
oh, so a foreign born US citizen is excluded from the right to a court
review?
what about those with dual citizenships?

On Dec 28, 9:21 am, Keith In Tampa <keithinta...@gmail.com> wrote:
> Good Morning PlainOl,
>
> Yes,  including any American who may be associated with terrorists.   The
> foreign born terrorist may not receive a court's review, but the American
> will.
>
> On Tue, Dec 27, 2011 at 1:18 PM, plainolamerican
> <plainolameri...@gmail.com>wrote:
>
>
>
>
>
>
>
> > I believe that no American can be detained without a Court's review
> > ---
> > even someone 'associated' with terrorists
>
> > On Dec 27, 11:47 am, Keith In Tampa <keithinta...@gmail.com> wrote:
> > > After study and review, as well as being familiar with the Supreme Court
> > > Decision in *Rumsfeld v.  Hamdi*,  where the Supremes ruled that EVERY
> > > American is entitled to *habeas corpus* and review of detainment;  that
> > > Section 1022, and the phrase which states in part:
>
> > >  *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.*
>
> > > I believe that no American can be detained without a Court's review,
> > > whether he has been caught on the battlefield, or in downtown Tampa.
> > > This obviously does not apply to foreign enemy combatants, and I for one
> > > agree that it should not apply to enemy combatants who are not American.
>
> > > On Tue, Dec 27, 2011 at 12:26 PM, plainolamerican <
> > plainolameri...@gmail.com
>
> > > > wrote:
> > > > btw - RP's opposition is that the amendment repeals parts of the bill
> > > > of rights, patriot act, 4th and 5th amendments and even magna carta
> > > > principles.
> > > > Many Americans don't understand the relationship between local, state,
> > > > federal, and military authority.
> > > > If thinking that our authorities should have all the resources they
> > > > need to combat terrorism makes me a moonbat then keep calling me a
> > > > moonbat.
>
> > > > On Dec 26, 6:28 am, Keith In Tampa <keithinta...@gmail.com> wrote:
> > > > > Just in case you missed it:
>
> > > > > *(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.
> > > > > *
> > > > > On Mon, Dec 26, 2011 at 7:26 AM, Keith In Tampa <
> > keithinta...@gmail.com
> > > > >wrote:
>
> > > > > > Good Morning.
>
> > > > > > I am genuinely hoping that you will respond to this post.  As a
> > side
> > > > note,
> > > > > > last week, we had Crackpots and Moonbats claiming that this piece
> > of
> > > > > > legislation,  (which is renewed every year since 1961, with various
> > > > > > modifications)   was setting up camps to imprison American
> > citizens,
> > > >  (I
> > > > > > assume Ron Paul supporters)  until level heads pointed out to these
> > > > > > Moonbats and Crackpots that the legislation didn't say anything of
> > the
> > > > > > sort.
>
> > > > > > What in particular, are you, and others who oppose this
> > legislation,
> > > > > > opposed to?  Here is the section that you reference, (which by the
> > way,
> > > > > > does not say what you claim it says).  I suggest that all of the
> > > > Moonbats,
> > > > > > and all of the Crackpots read the legislation before they listen to
> > > > other
> > > > > > Crackpots and Moonbats, and get their proverbial panties in a wad:
>
> > > > > > Subtitle D--Counterterrorism
>
> > > > > > SEC. 1021. AFFIRMATION OF AUTHORITY OF THE ARMED FORCES OF THE
> > UNITED
> > > > > > STATES TO DETAIN COVERED PERSONS PURSUANT TO THE AUTHORIZATION FOR
> > USE
> > > > OF
> > > > > > MILITARY FORCE.
>
> > > > > >    (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; 50 U.S.C. 1541
> > note)
> > > > 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).
>
> > > > > > SEC. 1022. MILITARY CUSTODY FOR FOREIGN AL-QAEDA TERRORISTS.
>
> > > > > >    (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 1021
> > 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 1021(c), except that no transfer otherwise described
> > in
> > > > paragraph
> > > > > >       (4) of that section shall be made unless consistent with the
> > > > requirements
> > > > > >       of section 1028.
>
> > > > > >    (4) WAIVER FOR NATIONAL SECURITY- The President may waive the
> > > > > >       requirement of paragraph (1) if the President 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
>
> ...
>
> read more »

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