(National Defense Authorization Act ) S.1867: The hunting of America expands

[stockholmer]

http://ppjg.wordpress.com/2011/11/27/s-1867-hunting-americans/

Many of us have wondered if directed to; would our own military turn on us? It appears that this is the plan and has been all along, yet the question remains……would they actually do it if ordered to? S.1867, http://thomas.loc.gov/cgi-bin/bdquery/z?d112:s.1867:the National Defense Authorization Act bill. Senators Carl Levin (D) MI and John McCain (R) AZ, are bringing this bill to the Senate floor on Monday after having held secret committee meetings while never holding even one hearing on this bill which authorizes military action against US citizens, right here in the United States.

snip

When this bill passes with these police state provisions included (I believe it will) you can expect your senator who voted “yes” on the bill to maintain that they only did so because otherwise the funding for the wars would have ceased (we could only hope) and they have to continue to fight the terrorists, terrorism, or what ever lame excuse pops into their heads to explain why they voted to pass what is clearly a police state bill. The bill itself was drafted in secret and I believe it would be to our benefit to know who actually drafted that bill. Who were the “stakeholders” who actually wrote the bill introduced by these two traitorous senators. We know they didn’t write it, they never do. All bills are written by stakeholders who blow through the doors of congress carry bags of cash to buy the support of politicians who make their living selling off our rights along with anything else that isn’t nailed down.

S.1867 includes these provisions highlighted by the ACLU:

http://www.aclu.org/blog/national-security/senators-demand-military-lock-american-citizens-battlefield-they-define-being/

If enacted, sections 1031 and 1032 of the NDAA http://thomas.loc.gov/cgi-bin/bdquery/z?d112:s.1867: would:

1) Explicitly authorize the federal government to indefinitely imprison without charge or trial American citizens and others picked up inside and outside theUnited States;

(2) Mandate military detention of some civilians who would otherwise be outside of military control, including civilians picked up within the United States itself; and

(3) Transfer to the Department of Defense core prosecutorial, investigative, law enforcement, penal, and custodial authority and responsibility now held by the Department of Justice.

snip

[Tx4obama]

1. Military custody does NOT extend to US citizens

Subtitle D--Detainee Matters

SEC. 1031. 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) 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) 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).

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SEC. 1032. REQUIREMENT FOR MILITARY CUSTODY.

(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.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=439&topic_id=2378124&mesg_id=2381909

[woo me with science]

4. That's not what it says.

Nowhere does it say that detaining Americans is PROHIBITED.

It only says that there is no REQUIREMENT to detain Americans.

[Speck Tater]

2. Why the half-way measures. Why not just declare a military dictatorship and be done with it? nt

[tblue]

3. Interesting that this surfaces just as OWS reaches critical mass.

My deepest fear during the Bush years was that Homeland Sec would be turned on American citizens who rise up in protest. I was wrong. It's happening in the Obama years. :(

[woo me with science]

5. K&R nt

[qdufurrena]

6. Sign Petition for National Defense Authorization Act Veto!

With the failure of the Udall Amendment and the likely passing of the bill in the Senate, the last hope to kill this bill with in its current form is for a presidential veto. Use your voice to influence the Obama Administration to follow through with its statement that they will veto this act. Please consider signing the online petition on the White House website (link below). Thanks

http://wh.gov/jeY