Please note the word 'requirement' - detainment of citizens in
military custody without trial is still an OPTION.
On Dec 26, 7:28 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 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 which is ongoing at the time the determination is made and
> > does not require the interruption of any such ongoing interrogation.
>
> > (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) Authorities- Nothing in this section shall be construed to affect
> > the existing criminal enforcement and national security authorities of the
> > Federal Bureau of Investigation or any other domestic law enforcement
> > agency with regard to a covered person, regardless whether such covered
> > person is held in military custody.
>
> > (e) 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.
>
> > On Mon, Dec 26, 2011 at 5:45 AM, Constitutional.Reset <
> > constitutional.re...@gmail.com> wrote:
>
> >> Yes, A Very Merry Christmas! The remembrance of close friends in high
> >> places is right on time - We need the guidance, courage and help.
> >> There is lower business that needs attending.
>
> >> While there is still time, Please ask BHO to veto the H.R.1540, AKA
> >> NDAA & 'Indefinite Citizen Imprisonment w/o Trial Act' legislation for
> >> cause of its provisions not pursuant to our US Constitution in:
> >> "Subtitle D. SEC. 1021 (c)(1)Detention under the law of war without
> >> trial until the end of the hostilities authorized by the Authorization
> >> for the Use of Military Force" where covered persons are defined by
> >> the administration's assignment of guilty status not by properly
> >> sufficient evidence in a proper civilian court of law - the option to
> >> apply that to US Citizens is retained by omission of the exclusion.
> >> See Subtitle D. SEC. 1022 (b)(1)
> >> ===========================
> >> Contact BHO at
>
> >>http://www.whitehouse.gov/webform/comment-legislation?billname=H.R.+1...
> >> View legislation pending a POTUS signature (non-void) at
>
> ...
>
> read more »
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